Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 512

Affidavits sworn outside Australia
(1)  An affidavit sworn and taken in any place out of Australia may be sworn –
(a) before a person exercising the functions of any of the following offices:
(i) an Australian consular officer;
(ii) an envoy or a Secretary of embassy or legation;
(iii) an acting consul or proconsul of any part of the Sovereign's dominions; or
(b) before any person having authority to administer an oath in that place.
(2)  In this rule,
Australian consular officer means a person appointed to hold or act in any of the following offices of the Commonwealth in a country or place outside Australia:
(a) Ambassador;
(b) High Commissioner;
(c) Minister;
(d) Head of Mission;
(e) Commissioner;
(f) Charge d'affaires;
(g) Counsellor or Secretary at a diplomatic post;
(h) Consul-General;
(i) Consul;
(j) Vice-Consul;
(k) Trade Commissioner;
(l) Consular Agent.
(3)  If a person purports to have the authority referred to in subrule (1)(b) , the Court or a judge is to take judicial notice of the seal or signature of the person appended to any affidavit.
(4)  For the purpose of subrule (1)(a)(iii) , judicial notice may be taken as to which places are or are not under the dominion of the Sovereign.
(5)  If a person purports to have the authority referred to in subrule (1)(b) by the law of a foreign country and not under the dominion of the Sovereign, the authority may be verified by any of the persons mentioned in subrule (1)(a) or by the certificate of a court of the country.
(6)  If an authority purports to be verified under subrule (5) , the relevant affidavit is admissible for all purposes without further proof of –
(a) the seal or signature; or
(b) the office or other character of the relevant person.



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