Queensland Consolidated Acts

OATHS ACT 1867 - SECT 16C

16C Affidavit or declaration electronically signed in physical presence of witness

(1) This section applies if a signatory or substitute signatory signs an affidavit or a declaration in the physical presence of a witness.

(2) The affidavit or declaration may be made in the form of an electronic document, and may be electronically signed, if the witness is a special witness for the affidavit or declaration or another person prescribed by regulation for this subsection.

(3) However, a regulation made under subsection (2) may provide that a person prescribed for that subsection—

(a) may witness an affidavit or a declaration only of a prescribed type and subject to any prescribed conditions; or

(b) may not witness an affidavit or a declaration of a prescribed type.

(4) If the affidavit or declaration is in the form of an electronic document and electronically signed, the witness may confirm the affidavit or declaration by signing the electronic document or a true copy or counterpart for the electronic document.

(5) If a justice or commissioner for declarations confirms the affidavit or declaration under subsection (4) , the justice or commissioner for declarations is not required to insert on the affidavit or declaration the imprint of a seal of office issued to the person under the Justices of the Peace and Commissioners for Declarations Act 1991 .

(6) This section does not apply to a declaration lodged or deposited in the land registry or water allocations register.

(7) To remove any doubt, it is declared that this section applies to a declaration that is supporting evidence under the participation rules within the meaning of the Electronic Conveyancing National Law (Queensland) for a document lodged under section 7 of that Law.