(1) An affidavit to be
used in a proceeding in the Court or the Magistrates Court may be sworn or
affirmed in Australia before —
(a) a
person before whom that affidavit may be sworn or affirmed under the
Oaths, Affidavits and Statutory Declarations Act 2005 ; or
(b) a
person authorised under section 214B(1); or
(c) a
person to whom the Family Law Act section 98AB(1) applies.
(2) An affidavit to be
used in a proceeding in the Court or the Magistrates Court may be sworn or
affirmed outside Australia before —
(a) a
person before whom that affidavit may be sworn or affirmed under the
Oaths, Affidavits and Statutory Declarations Act 2005 ; or
(b) a
person to whom the Family Law Act section 98AB(2) applies.
(3) This section does
not limit the Oaths, Affidavits and Statutory Declarations Act 2005 .
(4) This section
applies to the Magistrates Court exercising —
(a) its
federal jurisdiction under section 38; or
(b) its
non-federal jurisdictions under section 39; or
(c) any
other jurisdiction under a law of the Commonwealth, where that law confers
jurisdiction on both the Court and the Magistrates Court.
[Section 214C inserted: No. 13 of 2013 s. 33.]