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STATUTORY DECLARATIONS AMENDMENT REGULATIONS 2006 (NO. 1) (SLI NO 97 OF 2006)
EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 97
Issued by the Authority of the Attorney-General
Statutory Declarations Act 1959
Statutory Declarations Amendment Regulations 2006 (No. 1)
The Statutory Declarations Act 1959 (the Act) establishes a regime for Commonwealth statutory declarations, including the purposes for which a statutory declaration may be used, how a statutory declaration is made and the penalty for intentionally making a false declaration.
Section 14 of the Act provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 8 of the Act provides that a statutory declaration must be made in the prescribed form and must be made before a prescribed person.
The Statutory Declarations Regulations 1993 (the Principal Regulations) prescribe the form for making a statutory declaration and the persons before whom a statutory declaration can be made.
The purpose of the Regulations is to insert a definition of ‘address’ which witnesses and declarants must provide on the prescribed form.
Details of the Regulations are set out in the Attachment.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
All Commonwealth departments and agencies were consulted about the definition of the word ‘address.’ None were opposed to the proposed definition.
The Regulations commence the day after they are registered on the Federal Register of Legislative Instruments.
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Details of the Statutory Declarations Amendment Regulations 2006 (No. 1)
Regulation 1 – Name of Regulations
This regulation provides that the title of the Regulations is the Statutory Declarations Amendment Regulations 2006 (No. 1).
Regulation 2 – Commencement
This regulation provides for the Regulations to commence on the day after they are registered.
Regulation 3 – Amendment of Statutory Declarations Regulations 1993
This regulation provides that the Statutory Declarations Regulations 1993 (the Principal Regulations) are amended as set out in Schedule 1.
Schedule 1 – Amendments
Item [1] – Regulation 2
Regulation 2 of the Principal Regulations provides definitions for certain words and terms used in the Regulations. This amendment adds a definition of address as follows:
address means the place at which, or through which, a person may be contacted, and includes a postal address, but does not include the person’s email address.