Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 433

433 Certificate of reading or signature for person making affidavit

(1) If the witness for an affidavit considers that the person making it is incapable of reading the affidavit, the witness must certify in or below the jurat that—

(a) the affidavit was read or otherwise communicated in the witness’s presence to the person making it; and

(b) the person seemed to understand the affidavit; and

(c) the person signified that the person made the affidavit.

(2) If the witness for an affidavit considers that the person making it is physically incapable of signing the affidavit, the witness must certify in or below the jurat that—

(a) the affidavit was read or otherwise communicated in the witness’s presence to the person making it; and

(b) the person seemed to understand the affidavit; and

(c) the person signified that the person made the affidavit.

(3) If an affidavit is made by a person who is incapable of reading the affidavit or physically incapable of signing the affidavit and a certificate under subrule (1) or (2) does not appear on the affidavit, the affidavit may be used in a proceeding only if the court is satisfied that—

(a) the affidavit was read or otherwise communicated to the person making it; and

(b) the person seemed to understand it; and

(c) the person signified that the person made the affidavit.

Note—

See also the Oaths Act 1867 , parts 4 and 6A for provisions allowing a substitute signatory to sign a document at the direction of a signatory.