Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 15.27

Affidavit of illiterate or blind person etc

(1) If the person making an affidavit is illiterate, blind, or physically incapable of signing it, the person before whom the affidavit is made must certify in or below the jurat that:

(a)
the affidavit was read to the person making it; and

(b)
the person seemed to understand the affidavit; and

(c)
in the case of a person physically incapable of signing, the person indicated that the contents were true.

(2) If the person making an affidavit does not have an adequate command of English:

(a)
a translation of the affidavit and oath or affirmation must be read or given in writing to the person in a language that the person understands; and

(b)
the translator must certify in or below the jurat that he or she has done so.

(3) If an affidavit is made by a person who is incapable of reading it or incapable of signing it and a certificate under subrule (1) or (2) does not appear on the affidavit, it may not be used in a proceeding unless the Court or a Registrar is satisfied that:

(a)
the affidavit was read, or if appropriate a translation read or given in writing, to the person; and

(b)
the person seemed to understand the affidavit; and

(c)
in the case of a person physically incapable of signing — the person indicated that the contents were true.



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