Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations“36A. (1) An affidavit referred to in subsection 459E (3) of the Corporations Law shall—
(a) be made by the creditor or, if there is more than 1 creditor, by 1 of them;
(b) set out the facts entitling the deponent to make the affidavit;
(c) state the source of the deponent's knowledge of the matters stated in the affidavit concerning the debt or debts;
(d) state that the deponent believes those matters to be true; and
(e) state that the deponent believes that there is no genuine dispute about the existence or amount of the debt or debts to which the demand relates.
“(2) Where the creditor is a corporation, an affidavit by a member or officer of the corporation having knowledge of the facts so far as they are known to the corporation is taken to be an affidavit by the creditor.
“(3) Where the creditor is the Crown, an affidavit by an officer of the Crown having knowledge of the facts as far so they are known to the Crown is taken to be an affidavit by the creditor.
“(4) Where the creditor is a company to which a liquidator or provisional liquidator has been appointed, an affidavit by the liquidator or provisional liquidator is taken to be an affidavit by the creditor.
“(5) An affidavit under this rule shall—
(a) be in accordance with Form 93B;
(b) contain the note set out in the form; and
(c) not state a proceedings number.
“(6) An affidavit under this rule shall not be filed.
“(7) Notwithstanding subrule (1), for the purposes of subsection 459E (3) of the Corporations Law, an affidavit referred to in that subsection that complies with the rules of the Supreme Court of the State or Territory in which the registered office of the company to be served is situated is taken to be an affidavit that complies with this rule.
“(8) In this rule—