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Legislation relating to witnessing documents

Links to Acts and regulations about witnessing legal documents.

Oaths and Affirmations Act 2018 (Vic)

This Act governs the laws about oaths, affirmations, statutory declarations and affidavits. It establishes a scheme for the certification of copies of documents.

See Oaths and Affirmations Act 2018 (Vic)(opens in a new window).

Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018 (Vic)

These regulations prescribe the forms that may be used to make an affidavit. They also prescribe the mandatory statutory declaration form. The classes of people who are authorised to take affidavits and to witness statutory declarations are also listed. The regulations also contain the words that must be spoken aloud when a person is making an affidavit, statutory declaration and the words that must be recorded on a certified copy of an original document.

See Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018 (Vic)(opens in a new window).

Oaths and Affirmations Transitional Regulations 2019 (Vic)

These regulations transitional arrangements for any statutory declarations made after 1 March 2019 and before 1 January 2020, which would have been validly made before the law changed on 1 March 2019.

See Oaths and Affirmations Transitional Regulations 2019 (Vic)(opens in a new window).

Public Notaries Act 2001 (Vic)

This Act governs the appointment process of a public notary in Victoria.

See Public Notaries Act 2001 (Vic)(opens in a new window).

Evidence Act 1995 (Cth)

This Act sets out the rules of evidence in Commonwealth courts. It includes the perocedures for swearing affidavits before justices of the peace, lawyers and public notaries.

See Evidence Act 1995 (Cth)(opens in a new window).

Statutory Declarations Act 1959 (Cth)

This Commonwealth Act covers how to make and use statutory declarations that are valid under Commonwealth laws. It also includes the penalties for making a false statement.

See Statutory Declarations Act 1959 (Cth)(opens in a new window).

Statutory Declaration Regulations 2018 (Cth)

These regulations:

  • prescribe how statutory declarations are set out under Commonwealth and Territory law
  • provide a list of people who are authorised to witness statutory declarations.

See Statutory Declaration Regulations 2018 (Cth)(opens in a new window).

Evidence Act 2008 (Vic)

This Act relates to the law of evidence and witnesses in Victoria, including oaths and affirmations and swearing of affidavits.

See Evidence Act 2008 (Vic)(opens in a new window) .

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