Section 186Evidence Act 1995 (Cth)

Swearing of affidavits before justices of the peace, notaries public and lawyers

(1) Affidavits for use in:

(a) an Australian court (other than a court of a Territory) in proceedings involving the exercise of federal jurisdiction; or

(b) a court of a Territory in proceedings involving the exercise of jurisdiction conferred by an Act of the Parliament;

may be sworn before any justice of the peace, notary public or Australian lawyer without the issue of any commission for taking affidavits.

(2) In this section:

proceedings includes proceedings that:

(a) relate to bail; or

(b) are interlocutory proceedings or proceedings of a similar kind; or

(c) are heard in chambers; or

(d) relate to sentencing.

Sourced from the Federal Register of Legislation at 22 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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