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JUSTICE LEGISLATION AMENDMENT (SYSTEM ENHANCEMENTS AND OTHER MATTERS) ACT 2021 (NO. 11 OF 2021) - SECT 77

New sections 30A and 30B inserted

After section 30 of the Oaths and Affirmations Act 2018 insert

        " 30A     Requirements if statutory declaration made or witnessed by audio visual link or in electronic form

    (1)     If a statutory declaration is made in electronic form or is witnessed under section 30 by audio visual link, the statutory declaration witness may use a scanned or electronic copy of the statutory declaration for the purposes of complying with the requirements of this Part.

    (2)     If a statutory declaration is made in electronic form or is witnessed under section 30 by audio visual link, in addition to any other requirements of this Part, the statutory declaration must include a statement—

        (a)     specifying the manner of that making or witnessing; and

        (b)     whether a scanned or electronic copy of the statutory declaration was used in accordance with subsection (1).

    (3)     A statement required under subsection (2) may be pre-filled on the form of statutory declaration.

        30B     Audio visual procedures do not limit other duties and obligations

    (1)     The use of audio visual procedures under this Part in relation to statutory declarations applies subject to any express contrary intention imposed by any other duty or obligation under any Act (including any Commonwealth Act) or at common law applying to a person who makes a statutory declaration or a statutory declaration witness in relation to statutory declarations.

    (2)     Nothing in this Part limits any requirement imposed by this Part by which a person must not write or do something without first being satisfied of certain matters.".



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