Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 45

             (1)  An affidavit to be used in a proceeding in the Court may be sworn within the Commonwealth or a Territory before:

                     (a)  a Judge of the Court, the Registrar, a Deputy Registrar, a District Registrar, a justice of the peace, a commissioner for affidavits or a commissioner for declarations; or

                     (b)  a person not mentioned in paragraph (a) who is authorised to administer oaths for the purposes of the Court or for the purposes of the High Court or the Supreme Court of a State or Territory.

             (2)  An affidavit to be used in a proceeding in the Court may be sworn at a place outside the Commonwealth and the Territories before:

                     (a)  a Commissioner of the High Court authorized to administer oaths in that place for the purposes of the High Court; or

                     (b)  a commissioner of the Supreme Court of a State or Territory for taking affidavits empowered and authorized to act in that place; or

                     (c)  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; or

                    (ca)  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; or

                    (cb)  an employee of the Australian Trade 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; or

                     (d)  a notary public exercising his or her function in that place; or

                     (e)  a person qualified to administer an oath in that place, being a person certified by the person mentioned in any of paragraphs (b), (c), (ca), (cb) and (d), or by the superior court of that place to be so qualified.

             (3)  An affidavit sworn outside the Commonwealth and the Territories otherwise than before a person referred to in subsection (2) may be used in a proceeding in the Court in circumstances provided by the Rules of Court.