Victorian Numbered Acts Victorian Numbered Acts(1) A statutory declaration must be in the prescribed form.
(2) A statutory declaration must be declared in the presence of—
(a) an authorised affidavit taker; or
Note
See section 19(1) for a list of authorised affidavit takers. Refer also to the definition of authorised affidavit taker in section 3.
(b) a person authorised to take a statutory declaration by or under any other Act; or
(c) a person authorised by or under a Commonwealth Act to take a statutory declaration under that Commonwealth Act; or
(d) any other prescribed person or person who is a member of a prescribed class of persons.
(3) The person making the statutory declaration and the statutory declaration witness must do the following in the presence of each other—
(a) sign or initial any alteration to the statutory declaration;
(b) sign or initial each page of the statutory declaration;
(c) if the statutory declaration refers to a document, sign a certificate attached to the document identifying the document as an exhibit to the statutory declaration;
(d) sign and date the statutory declaration;
(e) legibly write, type or stamp that person's name and address on the statutory declaration.
(4) The person making the statutory declaration must make an oral declaration by saying the prescribed words aloud in the presence of the statutory declaration witness, unless the person has a disability that prevents the person from doing so.
(5) The statutory declaration witness must write or stamp under that person's signature required by subsection (3)(c) and (d) that person's qualification as a statutory declaration witness.
(6) For the purposes of subsection (3)(e), the address of the statutory declaration witness may be a personal address or a professional address.
(7) Nothing in this Act prevents an Australian legal practitioner from acting as a statutory declaration witness by reason only that the Australian legal practitioner is acting or assisting any person acting for any of the parties to a proceeding or matter in respect of which the statutory declaration is made.