STATUTORY DECLARATIONS ACT 1959

Commonwealth Consolidated Acts

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STATUTORY DECLARATIONS ACT 1959 - NOTES

Compilation Information

Statutory Declarations Act 1959 Act No. 52 of 1959 as amended

This compilation was prepared on 26 November 2004
taking into account amendments up to Act No. 62 of 2004
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

STATUTORY DECLARATIONS ACT 1959
Notes to the Statutory Declarations Act 1959

Note 1

The Statutory Declarations Act 1959 as shown in this compilation comprises Act No. 52, 1959 amended as indicated in the Tables below.
All relevant information pertaining to application, saving or transitional provisions prior to 6 April 2001 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Statutory Declarations Act 1959	52, 1959	22 May 1959	1 Sept 1959
Statute Law Revision (Decimal Currency) Act 1966	93, 1966	29 Oct 1966	1 Dec 1966	—
Statute Law Revision Act 1973	216, 1973	19 Dec 1973	31 Dec 1973	Ss. 9(1) and 10
Law and Justice Legislation Amendment Act 1990	115, 1990	21 Dec 1990	Ss. 3, 5, 6, 8, 9, 16, 17, 20-23, 28, 30, 32, 33, 38 and 39: 4 Feb 1991 (see Gazette 1991, No. GN3, p. 278) Ss. 4, 7, 10-15, 18, 19, 24-27, 29, 31 and 34-37: 21 June 1991 Remainder: Royal Assent	—
Law and Justice Legislation Amendment Act 1991	136, 1991	12 Sept 1991	(a)	S. 3(3) and (4)
Law and Justice Legislation Amendment Act (No. 3) 1992	165, 1992	11 Dec 1992	Schedule (Part 2): 8 Jan 1993 (b)	—
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 5 (item 143): Royal Assent (c)	—
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001	24, 2001	6 Apr 2001	S. 4(1), (2) and Schedule 46: (d)	S. 4(1) and (2) [see Table A]
Law and Justice Legislation Amendment Act 2004	62, 2004	26 May 2004	Schedule 1 (items 55, 56): 26 Nov 2004	—

(a) The Statutory Declarations Act 1959 was amended by the Schedule only of the Law and Justice Legislation Amendment Act 1991, subsection 2(4) of which provides as follows:

(4) Subject to subsection (5), the amendments of the Statutory Declarations Act 1959 made by this Act, and subsections 3(3) and (4), commence on a day to be fixed by Proclamation.

The amendments of the Statutory Declarations Act 1959 and subsections 3(3) and (4) came into operation on 12 December 1991 (see Gazette 1991, No. S336)
(b) The Statutory Declarations Act 1959 was amended by the Schedule (Part 2) only of the Law and Justice Legislation Amendment Act (No. 3) 1992, subsection 2(7) of which provides as follows:

(7) Part 2 of the Schedule commences on the 28th day after the day on which this Act receives the Royal Assent.

(c) The Statutory Declarations Act 1959 was amended by Schedule 5 (item 143) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:

(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(d) The Statutory Declarations Act 1959 was amended by Schedule 46 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:

(1) Subject to this section, this Act commences at the later of the following times:

(a) immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;

Item 15 commenced on 24 May 2001.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 3	am. No. 136, 1991
S. 4	am. No. 216, 1973; No. 115, 1990; No. 136, 1991
S. 5A	ad. No. 24, 2001
S. 6	am. No. 43, 1996
S. 7	am. No. 136, 1991
S. 8	rs. No. 136, 1991
	am. No. 62, 2004
S. 9	rep. No. 136, 1991
S. 11	am. No. 93, 1966
	rs. No. 165, 1992
	am. No. 24, 2001
S. 12	am. No.115, 1990
S. 14	ad. No. 136, 1991
The Schedule	rep. No. 62, 2004

Note 2 Note 2

Section 13—By Proclamation dated 14 September 1972 and in force at 31 August 1979, this Act was declared to extend to the Territories of Christmas Island and Cocos (Keeling) Islands (see Gazette 1972, No. 93).
Section 13—By Proclamation dated 4 February 1993, this Act was declared to extend to the Territories of the Australian Antarctic Territory, the Coral Sea Islands Territory, the Territory of Ashmore and Cartier Islands and the Territory of Heard Island and McDonald Islands (see Gazette 1993, No. GN6).

Table A

Table A

Application, saving or transitional provisions

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)

4 Application of amendments

(1): Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2): For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.