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FEDERAL MAGISTRATES ACT 1999 - SECT 59
Swearing of affidavits etc.
- (1)
- An affidavit to be used in a proceeding in the Federal Magistrates Court
may be sworn or affirmed within Australia before:
- (a)
- a Federal Magistrate; or
- (b)
- a Registrar; or
- (c)
- a justice of the peace; or
- (d)
- a commissioner for affidavits; or
- (e)
- a commissioner for declarations; or
- (f)
- a person who is authorised to administer oaths or affirmations for the
purposes of:
- (i)
- the Federal Magistrates Court; or
- (ii)
- the High Court; or
- (iii)
- the Federal Court; or
- (iv)
- the Family Court; or
- (v)
- the Supreme Court of a State or Territory; or
- (g)
- a person before whom affidavits can be sworn or affirmed under the
Evidence Act 1995 .
- (2)
- An affidavit to be used in a proceeding in the Federal Magistrates Court
may be sworn or affirmed at a place outside Australia before:
- (a)
- a commissioner of the High Court who is authorised to administer oaths or
affirmations in that place for the purposes of the High Court; or
- (b)
- a commissioner of the Supreme Court of a State or Territory for taking
affidavits who is empowered and authorised to act in that place; or
- (c)
- an Australian Diplomatic Officer or an Australian Consular Officer, as
defined by the Consular Fees Act 1955 , who is exercising his or her function
in that place; or
- (d)
- 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; or
- (e)
- an employee of the Australian Trade 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; or
- (f)
- a notary public who is exercising his or her function in that place; or
- (g)
- a person who is:
- (i)
- qualified to administer an oath or affirmation in that place; and
- (ii)
- certified by the person mentioned in any of paragraphs (b), (c), (d), (e)
and (f), or by the superior court of that place, to be so qualified.
- (3)
- An affidavit sworn or affirmed outside Australia otherwise than before a
person referred to in subsection (2) may be used in a proceeding in the
Federal Magistrates Court in circumstances provided by the Rules of Court.
- Note: See also paragraph 90(1)(d).
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