2018 No. This section provides that a statutory declaration made in accordance with the, Part 1 amends the list of occupations who are authorised to witness a statutory declaration for the purposes of paragraph 7(b). Act means the Statutory Declarations Act 1959. an authorised occupation or person. The Human Rights Committee has commented on the “basic and general character” of the principle of non-discrimination, the right to equality before the law and equal protection of the law, and that it is for State Parties to determine appropriate measures to implement the relevant provisions. 2. (b)  to avoid doubt, does not include the person’s email address. 15. (a)  means the address of the person’s home or another premises at which the person can be contacted; and. Such a limitation is necessary as it is the only practical way for the receiving organisation to verify the declaration and confirm that the witness was authorised to witness the declaration in accordance with Schedule 2 of the Instrument i.e. A statutory declaration made in the form, and before a person, prescribed by the Statutory Declarations Regulations 1993 either before, or during the six‑month period starting on, the day this instrument commences, has effect, on and after that day, as if it were made in the form, and before a person, prescribed by this instrument. The Instrument promotes this right as any person can make a Commonwealth statutory declaration and declare a written statement to be true as evidence. Regulation. Statutory Instruments. This includes updating references to employees of the Commonwealth and Commonwealth authorities to align with references under the. Certifications) Regulations 2018 S.R. The right to recognition everywhere as a person before the law. This was also required under the, Australian and Norfolk Island Government agencies and most private sector and not‑for‑profit organisations are subject to the Australian Privacy Principles (APPs) under the. The Instrument engages the right to non-discrimination and promotes this right on the basis that any person is able to declare a written statement to be true as evidence in the form of a Commonwealth statutory declaration and therefore the Instrument promotes the right to non‑discrimination. Listing of occupations . [1] Human Rights Committee, General Comment No 18, HRI/GEN/1/Rev.9 (Vol.I). Further policy guidance about how to make a statutory declaration will be provided on the Attorney-General’s website to assist people who have a disability such as a visual impairment or who are unable to write for the purposes of making a statutory declaration. Note:          This table relates only to the provisions of this instrument as originally made. Providing policy guidance to people who have a disability supports Article 12(3) of the Convention on the Rights of Persons with Disabilities in relation to State Parties’ obligation to take appropriate measures to provide access for persons with disabilities to the support they may require in exercising their legal capacity. It promotes this right by providing a medium in which any person is able to declare what they believe to be true, without exception or restriction. I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations. Commencement 3. an authorised occupation or person. 13. A statutory declaration must be made in writing using the form that can be accessed from the Statutory declarations page. This instrument is made under the Statutory Declarations Act 1959. amends the current reference to teacher to provide that teachers employed on either a full-time or part-time basis at a school or tertiary institution can witness a statutory declaration. 152/2018 10 Authorised by the Chief Parliamentary Counsel *I confirm that reasonable modifications were used in preparing this statutory declaration and that the contents of this statutory declaration were read to the person making the statutory declaration in a way that was appropriate to Persons before whom a statutory declaration may be made 8. Freedom of information. Statutory declarations can now be made remotely to maintain physical distancing to help slow the spread of coronavirus (COVID-19). Regulation 9(1) I, [ name, address and occupation of person making the statutory declaration ], make the following statutory declaration under the Oaths and Affirmations Act 2018: [ insert statement to be declared using numbered paragraphs ] 1. Form 888 statutory declarations are used for Partner or … It will not be amended to deal with any later amendments of this instrument. 12. Authority 4. Schedule 1 of the Instrument limits the right to privacy by requiring the witness to provide their address and qualification. i. makes it optional for the declarant or authorised witness to provide either an email address or phone number, for the purpose of assisting the receiving organisation to verify the declaration, for example, where the declarant or authorised witness change residence or occupation. In response to this recommendation, the Instrument provides a clearer definition of ‘address’ to clarify that the declarant and authorised witness are not compelled to provide their residential address, and may, for example, use another address at which they can be contacted. 17. Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018. In 2018 its fourth phase - Burra Lotjpa Dunguludja - was launched. It will not be amended to deal with any later amendments of this instrument. Providing policy guidance to people who have a disability supports Article 12(3) of the. On 18 September 2018, changes to the Statutory Regulations 2018 commenced which included financial planners/advisers as professionals permitted to act as authorised witnesses for a Commonwealth statutory declaration. S.R. Exiting The European Union. For the purposes of paragraph 8(a) of the Act, the form set out in Schedule 1 is prescribed. the right to privacy: Article 17 of the ICCPR. Protection Act 2018, hereby make the following regulations: 1. The Instrument also engages the right to equality before the law and promotes this right on the basis that any person can assert statements of fact they believe to be true as a form of evidence, on a non‑discriminatory basis. 152/2018. The Instrument engages the right to hold opinions without interference and the right to freedom of expression. 8  Transitional—form of statutory declaration. CCDC 9A – 2018 Statutory Declaration of Progress Payment Distribution by Contractor is a sworn statement for use by the Contractor as a condition of receiving payment for either the second and subsequent applications for progress payment or the release of holdback funds. 11. Statutory rule in force. The legislative instrument engages the following human rights: the right to recognition everywhere as a person before the law: Article 16 of the, International Covenant on Civil and Political Rights, Convention on the Rights of Persons with Disabilities, right to non-discrimination: Article 2 of the ICCPR, right to hold opinions without interference and the right to freedom of expression: Article 19 of the ICCPR, right to equality before the law: Article 26 of the ICCPR, Article 5 of the. Member of the Australian Defence Force who is: (b) a non‑commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or, (c) a warrant officer within the meaning of that Act, Member of the Australasian Institute of Mining and Metallurgy, Member of the Governance Institute of Australia Ltd, (a) the Parliament of the Commonwealth; or, Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961. Name 2. (b)  a Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013. The Instrument engages the right to non-discrimination and promotes this right on the basis that any person is able to declare a written statement to be true as evidence in the form of a Commonwealth statutory declaration and therefore the Instrument promotes the right to non‑discrimination. This instrument is the Statutory Declarations Regulations 2018. Notary public, including a notary public (however described) exercising functions at a place outside: (b) the external Territories of the Commonwealth, Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office providing postal services to the public, (a) a State or Territory or a State or Territory authority; or, with 5 or more years of continuous service, other than such an employee who is specified in another item of this Part, Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made, Registrar, or Deputy Registrar, of a court, Senior executive employee of a Commonwealth authority, Senior executive employee of a State or Territory, Teacher employed on a permanent full‑time or part‑time basis at a school or tertiary education institution. The Human Rights Committee has commented on the “basic and general character” of the principle of non-discrimination, the right to equality before the law and equal protection of the law, and that it is for State Parties to determine appropriate measures to implement the relevant provisions. Definitions 6. In Australia, statutory declarations must be witnessed by a person prescribed by the Statutory Declarations Act 1959 and Statutory Declarations Regulations 2018. Proposed additional categories include architects, midwives, migration agents, occupational therapists, financial advisers and financial planners. This instrument is the Statutory Declarations Regulations 2018. It also includes the addition of a major professional body that represents engineers; consolidate categories such as accountants into one item; provide better options for people to make a Commonwealth statutory declaration overseas by including Notary Publics who are appointed overseas, exercising their functions at that place, on the list of authorised witnesses; make minor amendments to the Commonwealth statutory declarations form to allow an option for the declarant or authorised witness to provide either their email address or phone number on the form, to assist receiving organisations to make contact should they wish to verify the declaration; and. These regulations set out the prescribed form for making a Commonwealth statutory declaration, list the occupations and persons before whom a Commonwealth statutory declaration can be made and repeal the Statutory Declarations Regulations 1993. 4. 6. I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular. 2. ii. Migration agent registered under Division 3 of Part 3 of the Migration Act 1958. This provides greater protection to the declarant and authorised witness from arbitrary or unlawful interference with their privacy, family, home or correspondence. Schedule 2—Persons before whom a statutory declaration may be made. Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018 S.R. Prescribed persons include those who are a: • Justice of the Peace; • medical practitioner; Listing of persons.......................................................................................................... 5, Schedule 3—Repeals                                                                                                                                       7, Statutory Declarations Regulations 1993                                                                                        7. In its submission to the Department, the Australian Public Service Commission put forward a recommendation to better balance the right to privacy of the declarant and authorised witness in relation to the requirement to provide their address on the form, with the need to ensure that receiving organisations are able to verify the statutory declaration. This was also required under the Statutory Declarations Regulations 1993. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Schedule 1 of the Instrument limits the right to privacy by requiring the witness to provide their address and qualification. Version. a person who is listed in Part 2 of Schedule 2. Schedule 3—Form of statutory declaration . 1 I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations. Statutory rule number 152/2018 Version. (2) These Regulations shall come into operation on 8 August 2018. On 18 September 2018, the Statutory Declarations Regulations 2018 (Cth) came into force. The Regulations and a separate 'list of signatories' can be accessed via a link at https://www.legislation.gov.au. In response to this recommendation, the Instrument provides a clearer definition of ‘address’ to clarify that the declarant and authorised witness are not compelled to provide their residential address, and may, for example, use another address at which they can be contacted. 2018/1247, S.I. The following table lists persons for the purposes of paragraph 7(c). Regulations 2020. 8. Australian and Norfolk Island Government agencies and most private sector and not‑for‑profit organisations are subject to the Australian Privacy Principles (APPs) under the Privacy Act 1988 (the Act)[2], and it will be the agency or organisation’s responsibility to comply with privacy legislation in relation to the collection, use, access and disclosure of personal information, which includes a statutory declaration. The Regulations promote the above rights for people in the community who are required to make a Commonwealth statutory declaration, in a non-discriminatory and inclusive manner. pdf 238.47 KB. The Instrument engages the right to recognition everywhere as a person before the law, an absolute right. Exiting The European Union. The Regulations are made by the Treasury further to Part 1 of the Taxation (Cross-border Trade) Act 2018 (c. 22) (“the Act”). Statutory Declarations Regulations 2018 1 OPC63377 - B 1 Name This instrument is the Statutory Declarations Regulations 2018. 2 to the Statutory Declaration Regulations 2018. 2. 2019/108, S.I. The Customs (Import Duty) (EU Exit) Regulations 2018. This Statutory Instrument has been made in consequence of defects in S.I. Important COVID-19 information Coronavirus (COVID-19) and the Attorney-General’s Department: Find out how our services are being delivered and how you can access them. 967. Details. You can only create your own form if it has all the required elements in Schedule 1 of the Statutory Declarations Regulations 2018. As discussed above, the limitation is reasonable, necessary and proportionate to achieve this outcome. a person who is enrolled as a legal practitioner on the roll of the Supreme Court of a State or Territory, or the High Court of Australia (however described); a person who is currently licensed or registered to practise in Australia under a law of the Commonwealth, a State or Territory, in an occupation listed in Part 1 of Schedule 2; and. No. (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Write your name, address and occupation. Statutory Declarations Regulations 2018. SR 1993 No. 156 Regulations as made: Principal Regulations; Repeals the former Statutory Declarations Regulations. 2020 No. 2019/486 and S.I. 16. Statutory rule as made. It promotes this right by providing a medium in which any person is able to declare what they believe to be true, without exception or restriction. [2] The Information Privacy Act 2014 applies to ACT public sector agencies. Each instrument that is specified in Schedule 3 to this instrument is amended or repealed as set out in the applicable items in that Schedule concerned, and any other item in that Schedule has effect according to its terms. Principal + Amendments; Displayed here is a link to the Principal item and item(s) that amend the Principal. The limitation does not exceed the minimum level of personal information required for the receiving organisation to sufficiently verify the declaration and is therefore reasonable, necessary and proportionate to pursuing the legitimate objective. Note 2:       Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959—see section 5A of the Statutory Declarations Act 1959. 1234. The Instrument engages the right to recognition everywhere as a person before the law, an absolute right. Section 1 of a statutory declaration requires you to write your: name; address; occupation 156 amended as indicated in the Tables below.. Series; In force; Legislative instrument - Regulations: Administered by: Attorney-General's + Sunset Information. Statutory Declarations Regulations 1993 7 1 Name. I, [Name, address and occupation of person making the declaration] make the following declaration under the Statutory Declarations Act 1959: 1. list additional categories of persons as authorised witnesses to meet an unmet need within the community. Dated 13 September 2018. Customs. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018. 18-152sr.docx. Employee of the Australian Trade and Investment Commission who is: (a) in a country or place outside Australia; and, (b) authorised under paragraph 3(d) of the Consular Fees Act 1955; and, (c) exercising the employee’s function at that place, (b) authorised under paragraph 3(c) of the Consular Fees Act 1955; and, (a) a member of Engineers Australia, other than at the grade of student; or, (b) a Registered Professional Engineer of Professionals Australia; or, (c) registered as an engineer under a law of the Commonwealth, a State or Territory; or, (d) registered on the National Engineering Register by Engineers Australia, Finance company officer with 5 or more years of continuous service, Holder of a statutory office not specified in another item of this Part, Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961. 2019/1346 and is being issued free of charge to all known recipients of those Statutory Instruments . The Instrument engages the right to hold opinions without interference and the right to freedom of expression. Notes to the Statutory Declarations Regulations 1993. 5. The following table lists occupations for the purposes of paragraph 7(b). The Instrument does not compel the declarant or authorised witness to provide their email address or phone number, but rather provides this as an option. A NSW statutory declaration is made under the Oaths Act 1900. 29th November 2018. Note:          This table relates only to the provisions of this instrument. Subordinate Legislation (Evidence (Affidavits and Statutory Declarations) Regulations 2008) Extension Regulations 2018 Revoked statutory rule Statutory rule number 67/2018 Version This replaces the previous Statutory Declaration Regulations 1993 (Cth) and now allows financial advisers to witness statutory declarations completed under Commonwealth law. This is an EU Exit statutory instrument. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with … (i) Chartered Accountants Australia and New Zealand; (ii) the Association of Taxation and Management Accountants; Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public, APS employee engaged on an ongoing basis with 5 or more years of continuous service who is not specified in another item of this Part, Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955), Bank officer with 5 or more continuous years of service, Building society officer with 5 or more years of continuous service, Chief executive officer of a Commonwealth court, Credit union officer with 5 or more years of continuous service, Employee of a Commonwealth authority engaged on a permanent basis with 5 or more years of continuous service who is not specified in another item in this Part. 18. 2018/1248, S.I. Schedules 5. Collapse. A statutory declaration is a written statement which a person swears, affirms or declares to be true in the presence of an authorised witness – usually a Justice of the Peace, a lawyer or a notary public. 2020 No. No. repeal the Statutory Declarations Regulations 1993 under Schedule 3. Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018. STATUTORY DECLARATIONS REGULATIONS 2018 (F2018L01296) TABLE OF PROVISIONS 1. Laid before the House of Commons. The Instrument also engages the right to privacy. 1 . Such a limitation is necessary as it is the only practical way for the receiving organisation to verify the declaration and confirm that the witness was authorised to witness the declaration in accordance with Schedule 2 of the Instrument i.e. The Instrument also engages the right to privacy. Any attachments to the Declaration must be certified by a prescribed person. The Customs (Declarations) (Amendment and Modification) (EU Exit) Regulations 2020 The day after this instrument is registered. The Statutory Declarations Act 1959 and the Statutory Declarations Regulations 2018 set out the requirements for Commonwealth statutory declarations. (a)  a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or. Customs. Commonwealth statutory declaration form [DOCX 30.6 KB] Statutory declarations There are 2 types of statutory declarations (or stat decs) — Commonwealth and state and territory statutory declarations. (2)  Any information in column 3 of the table is not part of this instrument. Customs. Any other statement in column 2 has effect according to its terms. In its submission to the Department, the Australian Public Service Commission put forward a recommendation to better balance the right to privacy of the declarant and authorised witness in relation to the requirement to provide their address on the form, with the need to ensure that receiving organisations are able to verify the statutory declaration. The Regulations engage the following rights: right to recognition before the law and right to equality before the law, the right to non-discrimination, the right to hold opinions without interference and the right to freedom of expression. Statutory Declarations Regulations 2018. [Set out matter declared to in numbered paragraphs]. As discussed at paragraphs 10 to 15, Schedule 1 of the Instrument creates some limitation on the right to privacy for the purpose of assisting the receiving organisation to verify the declaration. Acts in force; These regulations set out the prescribed form for making a Commonwealth statutory declaration, list the occupations and persons before whom a Commonwealth statutory declaration can be made and repeal the Statutory Declarations Regulations … The Regulations promote the above rights for people in the community who are required to make a Commonwealth statutory declaration, in a non-discriminatory and inclusive manner. [Signature of person making the declaration], [Optional: Email address and/or telephone number of person making the declaration], Declared at   [place]  on   [day]  of  [month]  [year], [Signature of person before whom the declaration is made], [Full name, qualification and address of person before whom the declaration is made (in printed letters)], [Optional: Email address and/or telephone number of person before whom the declaration is made]. The Instrument does not compel the declarant or authorised witness to provide their email address or phone number, but rather provides this as an option. provide a clearer definition of ‘address’ to clarify that the address provided does not have to be a residential address. 30th November 2018. We highly recommend that you use the Commonwealth statutory declaration form. Administered by: Attorney-General's: General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003 WARNING: When you make a statutory declaration, you are declaring that the statements in it are true. 8 ( a ) a fellow of the Instrument promotes this right as any person can make a Statutory. Provide their address and qualification any person can be accessed via a at!, necessary and proportionate to achieve this outcome 2 has effect according to its terms not include the person s. 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