Swearing of affidavits
(1) An affidavit to be used for the purposes of this Act may be sworn within the Commonwealth or a Territory before a person authorized to administer oaths for the purposes of the High Court or the Supreme Court of a State or Territory, a Judge of a Court having jurisdiction under this Act, an Official Receiver, a justice of the peace, a commissioner for affidavits or a commissioner for declarations. (2) An affidavit to be used for the purposes of this Act may be sworn at a place outside the Commonwealth and the Territories before: (aa) a Commissioner of the High Court authorized to administer oaths in that place for the purposes of the High Court; (a) a commissioner of the Supreme Court of a State or Territory for taking affidavits empowered and authorized to act in that place; (b) an Australian Diplomatic Officer or an Australian Consular Officer, as defined by the Consular Fees Act 1955, exercising his or her function in that place; (ba) an employee of the Commonwealth who is: (i) authorised under paragraph 3(c) of the Consular Fees Act 1955; and (ii) exercising his or her function in that place; (bb) an employee of the Australian Trade and Investment Commission who is: (i) authorised under paragraph 3(d) of the Consular Fees Act 1955; and (ii) exercising his or her function in that place; (c) a notary public exercising his or her function in that place; or (d) a person qualified to administer an oath in that place, being a person certified by a person mentioned in any of paragraphs (aa) to (c), or by the superior court of that place, to be so qualified.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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