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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Statutory Declarations Amendment Bill
2023
No. , 2023
(Attorney-General)
A Bill for an Act to amend the law relating to
statutory declarations, and for related purposes
No. , 2023
Statutory Declarations Amendment Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1
--
Amendments
3
Part 1
--
Main amendments
3
Statutory Declarations Act 1959
3
Part 2
--
Minor and technical amendments
9
Statutory Declarations Act 1959
9
Part 3
--
Application and saving provisions
11
No. , 2023
Statutory Declarations Amendment Bill 2023
1
A Bill for an Act to amend the law relating to
1
statutory declarations, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Statutory Declarations Amendment Act 2023
.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Statutory Declarations Amendment Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The later of:
(a) 1 January 2024; and
(b) the day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
Main amendments
Part 1
No. , 2023
Statutory Declarations Amendment Bill 2023
3
Schedule
1--Amendments
1
Part
1--Main amendments
2
Statutory Declarations Act 1959
3
1 Section 4
4
Insert:
5
approved form
means a form approved under section 15.
6
approved identity service
has the meaning given by
7
subsection 9A(3).
8
approved online platform
has the meaning given by
9
subsection 9A(2).
10
declarant
, in relation to a statutory declaration, means the person
11
who is making the declaration.
12
prescribed person
means a person prescribed by the regulations to
13
be a prescribed person.
14
video link
means facilities that enable audio and visual
15
communication between persons in different places.
16
2 After section 7
17
Insert:
18
7A Technology neutral signing
19
(1) For the purposes of this Act, a person may sign a statutory
20
declaration by signing:
21
(a) a physical form of the declaration by hand; or
22
(b) an electronic form of the declaration using electronic means;
23
if the method of signing satisfies subsection (2).
24
(2) A method of signing satisfies this subsection if:
25
Schedule 1
Amendments
Part 1
Main amendments
4
Statutory Declarations Amendment Bill 2023
No. , 2023
(a)
the method identifies the person and indicates the person's
1
intention in respect of the information recorded in the
2
declaration; and
3
(b) the method was either:
4
(i) as reliable as appropriate for the purpose for which the
5
information was recorded, in light of all the
6
circumstances, including any relevant agreement; or
7
(ii) proven in fact to have fulfilled the functions described
8
in paragraph (a), by itself or together with further
9
evidence.
10
3 Section 8
11
Repeal the section, substitute:
12
8 How statutory declarations are made
13
A statutory declaration made under this Act must satisfy the
14
requirements of either:
15
(a) section 9 (observation by prescribed person); or
16
(b) section 9A (digital verification).
17
9 Statutory declarations
--
observation by prescribed person
18
A statutory declaration satisfies the requirements of this section if:
19
(a) the declaration is in the approved form; and
20
(b) the declaration is signed by the declarant under the
21
observation of a prescribed person in either of the following
22
cases:
23
(i) in person;
24
(ii) by video link; and
25
(c) either:
26
(i) in any case
--
the declaration is signed by the prescribed
27
person; or
28
(ii) in the case where the prescribed person observes the
29
declarant sign the declaration by video link and is
30
satisfied that a copy of the declaration is a true copy of
31
the declaration signed by the declarant (whether or not
32
the copy includes the declarant's signature)--
that copy
33
is signed by the prescribed person.
34
Amendments
Schedule 1
Main amendments
Part 1
No. , 2023
Statutory Declarations Amendment Bill 2023
5
Note:
See section 7A for how a person may sign a statutory declaration.
1
9A Statutory declarations
--
digital verification
2
(1) A statutory declaration satisfies the requirements of this section if:
3
(a) the declaration:
4
(i) is in the approved form; and
5
(ii) is completed and signed by the declarant using an
6
approved online platform; and
7
(b) the identity of the declarant is verified:
8
(i) using an approved identity service; and
9
(ii) in accordance with the conditions prescribed by the
10
regulations; and
11
(c) the declaration includes information that:
12
(i) is provided by the approved online platform; and
13
(ii) is of a kind prescribed by the regulations.
14
Note 1:
See section 7A for how a person may sign a statutory declaration.
15
Note 2:
Special requirements apply when making regulations for the purposes
16
of subparagraph (b)(ii) or (c)(ii) of this subsection: see
17
subsection 14(2).
18
(2) An
approved online platform
is a digital service that is prescribed
19
by the regulations to be an approved online platform.
20
Note 1:
Special obligations apply to approved online platforms: see
21
section 9B.
22
Note 2:
Special requirements apply when making regulations for the purposes
23
of this subsection: see subsection 14(3).
24
(3) An
approved identity service
is a digital service that is prescribed
25
by the regulations to be an approved identity service.
26
Note:
Special requirements apply when making regulations for the purposes
27
of this subsection: see subsection 14(3).
28
9B Special obligations applying to approved online platforms
29
Prohibition on retaining copies of statutory declarations
30
(1) The provider of an approved online platform must not retain any
31
copy of a statutory declaration that is made using the online
32
platform.
33
Schedule 1
Amendments
Part 1
Main amendments
6
Statutory Declarations Amendment Bill 2023
No. , 2023
Requirement for annual reporting
1
(2) After the end of each financial year, the provider of an approved
2
online platform must prepare and give a report to the Minister, for
3
presentation to the Parliament, relating to the use of the platform to
4
make statutory declarations during the financial year.
5
Note:
Section 34C of the
Acts Interpretation Act 1901
contains provisions
6
relating to reports under this section.
7
(3) The report must include:
8
(a) the number of statutory declarations made using the platform
9
during the financial year; and
10
(b) information about
the provider's compliance with
11
subsection (1) during the financial year; and
12
(c) information about whether there has been any actual eligible
13
data breach (within the meaning of the
Privacy Act 1988
)
14
during the financial year; and
15
(d) information about any matter prescribed by the regulations
16
(including a matter related to paragraph (a), (b) or (c)).
17
(4) The annual report must be given to the Minister by:
18
(a) 15 October after the end of the financial year; or
19
(b) the end of any further period granted under
20
subsection 34C(5) of the
Acts Interpretation Act 1901
.
21
(5) The report must comply with any requirements prescribed by the
22
regulations.
23
4 Section 10
24
Omit "
before a person before whom a statutory declaration under this
25
Act may be
made", substitute "
under the observation of a prescribed
26
person in accordance with section 9
".
27
5 Section 14
28
Before "The Governor
-
General", insert "(1)".
29
6 At the end of subsection 14(1)
30
Add:
31
Note:
For variation and revocation of regulations, see subsections 33(3) and
32
(3AA) of the
Acts Interpretation Act 1901
.
33
Amendments
Schedule 1
Main amendments
Part 1
No. , 2023
Statutory Declarations Amendment Bill 2023
7
7 At the end of section 14
1
Add:
2
Special requirements relating to digital verification
3
(2) Before the Governor-General makes regulations for the purposes of
4
subparagraph 9A(1)(b)(ii) or (c)(ii), the Minister must take into
5
account any matters that are prescribed by the regulations.
6
(3) Before the Governor-General makes regulations for the purposes of
7
subsection 9A(2) or (3) prescribing a digital service to be an
8
approved online platform or an approved identity service, the
9
Minister must:
10
(a) be satisfied that the digital service will operate in a way that
11
complies with the
Privacy Act 1988
, and any corresponding
12
law of a State or Territory that the Minister considers is
13
relevant; and
14
(b) be satisfied of the effectiveness of the digital service
's
15
protective security (including security governance,
16
information security, personnel security and physical
17
security) and fraud control arrangements; and
18
(c) be satisfied of any matters that are prescribed by the
19
regulations; and
20
(d) take into account any matters that are prescribed by the
21
regulations.
22
(4) The Governor-General may repeal regulations made for the
23
purposes of subparagraph 9A(1)(b)(ii) or (c)(ii), or
24
subsection 9A(2) or (3).
25
(5) Without limiting subsection (4), the Governor-General may repeal
26
a regulation prescribing a digital service to be an approved online
27
platform if the provider of the service contravenes
28
subsection 9B(1) (prohibition on retaining copies of statutory
29
declarations).
30
8 At the end of the Act
31
Add:
32
Schedule 1
Amendments
Part 1
Main amendments
8
Statutory Declarations Amendment Bill 2023
No. , 2023
15 Approved forms for statutory declarations
1
The Minister may, in writing, approve one or more forms for the
2
purposes of paragraph 9(a) or subparagraph 9A(1)(a)(i).
3
16 Review of the operation of this Act
4
(1) The Minister must cause a review of the operation of this Act to be
5
conducted as soon as practicable after the end of 2 years after the
6
commencement of the
Statutory Declarations Amendment Act
7
2023
.
8
(2) Without limiting the matters that may be considered when
9
conducting the review, the review must consider:
10
(a) whether the operation of this Act is effective; and
11
(b) whether amendments to this Act are necessary or desirable to
12
improve the operation of this Act.
13
(3) The persons who conduct the review must give the Minister a
14
written report of the review within 6 months of the commencement
15
of the review.
16
(4) The Minister must cause a copy of the report of the review to be
17
tabled in each House of the Parliament within 15 sitting days of
18
that House after the Minister receives the report.
19
Amendments
Schedule 1
Minor and technical amendments
Part 2
No. , 2023
Statutory Declarations Amendment Bill 2023
9
Part
2--Minor and technical amendments
1
Statutory Declarations Act 1959
2
9 Section 1
3
Omit
"
may be cited as
"
, substitute
"
is
"
.
4
10 Section 2
5
Repeal the section.
6
11 Section 3 (heading)
7
Repeal the heading, substitute:
8
3 Saving
9
12 Subsection 3(1)
10
Repeal the subsection.
11
13 Subsection 3(3)
12
Omit
"
(3)
"
.
13
14 Subsection 5(2)
14
Omit
"
subsection (8) of section twelve of this Act
"
, substitute
15
"
subsection 12(8)
"
.
16
15 Subsection 5(2)
17
Omit
"
section thirteen of this Act
"
, substitute
"
section 13
"
.
18
16 Subsection 6(1)
19
Omit "he or she", substitute "the person".
20
17 Subsection 6(2)
21
Omit
"
the next succeeding subsection
"
, substitute
"
subsection (3)
"
.
22
18 Paragraphs 6(2)(b) and (c)
23
Omit
"
connexion
"
, substitute
"
connection
"
.
24
Schedule 1
Amendments
Part 2
Minor and technical amendments
10
Statutory Declarations Amendment Bill 2023
No. , 2023
19 Subsection 6(3)
1
Omit
"
The last preceding subsection does not authorize
"
, substitute
2
"
Subsection (2) does not authorise
"
.
3
20 Section 8 (heading)
4
Omit
"
statutory declaration is
"
, substitute
"
statutory declarations
5
are
"
.
6
21 Subsection 12(1)
7
Omit
"
the succeeding provisions of this section
"
, substitute
"
this
8
section
"
.
9
22 Subsection 12(2)
10
Omit
"
the last preceding subsection
"
, substitute
"
subsection (1)
"
.
11
23 Subsection 12(2)
12
Omit
"
subject-matter
"
, substitute
"
subject matter
"
.
13
24 Subsection 12(2)
14
Omit
"
paragraphs (a), (b) and (c) of subsection (2) of section thirty-nine
15
of the
Judiciary Act 1903-1955
"
, substitute
"
paragraphs 39(2)(a) and (c)
16
of the
Judiciary Act 1903
"
.
17
25 Subsection 12(6)
18
Omit
"
1903-1955
"
, substitute
"
1903
"
.
19
26 Section 13
20
Omit "
subsection (8) of the last preceding
section", substitute
21
"
subsection 1
2(8)".
22
Amendments
Schedule 1
Application and saving provisions
Part 3
No. , 2023
Statutory Declarations Amendment Bill 2023
11
Part
3--Application and saving provisions
1
27 Application provision
2
The amendments made by this Schedule apply in relation to a statutory
3
declaration made on or after the commencement of this Schedule.
4
28 Saving provision
--
prescribed persons
5
A person who was, immediately before the commencement of this
6
Schedule, prescribed for the purposes of paragraph 8(b) of the
Statutory
7
Declarations Act 1959
, as in force immediately before that
8
commencement, is taken, on and after that commencement, to be
9
prescribed by the regulations to be a prescribed person for the purposes
10
of the definition of
prescribed person
in section 4 of that Act, as
11
amended by this Schedule.
12