Approved Signatories of a Commonwealth Statutory Declaration
Approved Signatories of a Commonwealth Statutory Declaration. There are a number of people who may be able to witness your statutory declaration.
A Commonwealth statutory declaration under the Statutory Declarations Act 1959 will need to be witnessed by a person who is both:
- on the list of authorised witnesses, and
- has a connection to Australia, or
- be a notary public (with or without a connection to Australia)
If you are not in Australia, you will need to find an approved witness overseas.
Your approved witness can be a:
- family member
- friend
- person related to the content in your statement
But you should check with the person that asked for the declaration if they will accept it.
Approved Signatories, what it means to have a connection to Australia
Having a connection to Australia means the person:
- is licensed or registered to practice in Australia, or
- holds an Australian membership to a professional organisation, or
- is appointed in Australia
For example:
- a doctor who is registered to practise medicine in Australia can witness your declaration (a doctor who is not registered in Australia cannot)
- an accountant who has an Australian membership to Chartered Accountants Australia and New Zealand
What is a notary public
- witness documents
- administer oaths
- perform other administrative functions
You can use a notary public to witness your statutory declaration even if they are called something different under another country's legislation. For example, they may be called a notary or a public notary.
Before using a notary public overseas, you should check the person has been appointed by a government to witness documents.
False witnesses
If you are concerned about a false witness, you should contact the:
- Australian Federal Police
- peak body for the organisation or profession the person works in
Approved Signatories of a Commonwealth Statutory Declaration, fees for witnessing a statutory declaration
It's up to your approved witness if they want to charge you a fee for their service.
However, a Justice of the Peace cannot charge a fee to witness a statutory declaration.
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