Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 262

Swearing of affidavits

             (1)  An affidavit to be used for the purposes of this Act may be sworn within the Commonwealth or a Territory before a person authorized to administer oaths for the purposes of the High Court or the Supreme Court of a State or Territory, a Judge of a Court having jurisdiction under this Act, an Official Receiver, a justice of the peace, a commissioner for affidavits or a commissioner for declarations.

             (2)  An affidavit to be used for the purposes of this Act may be sworn at a place outside the Commonwealth and the Territories before:

                    (aa)  a Commissioner of the High Court authorized to administer oaths in that place for the purposes of the High Court;

                     (a)  a commissioner of the Supreme Court of a State or Territory for taking affidavits empowered and authorized to act in that place;

                     (b)  an Australian Diplomatic Officer or an Australian Consular Officer, as defined by the Consular Fees Act 1955 , exercising his or her function in that place;

                   (ba)  an employee of the Commonwealth who is:

                              (i)  authorised under paragraph 3(c) of the Consular Fees Act 1955 ; and

                             (ii)  exercising his or her function in that place;

                   (bb)  an employee of the Australian Trade and Investment Commission who is:

                              (i)  authorised under paragraph 3(d) of the Consular Fees Act 1955 ; and

                             (ii)  exercising his or her function in that place;

                     (c)  a notary public exercising his or her function in that place; or

                     (d)  a person qualified to administer an oath in that place, being a person certified by a person mentioned in any of paragraphs (aa) to (c), or by the superior court of that place, to be so qualified.

   



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