Commonwealth Consolidated Regulations

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DESIGNS REGULATIONS 2004 - REG 11.26

Declarations

         (1)   A declaration required by the Act or these Regulations to be given to the Registrar must:

                (a)    be headed with the title of the matter for which the declaration is made; and

               (b)    be expressed in the first person; and

                (c)    state the name and address of the person making the declaration; and

               (d)    state the name and title of the person before whom the declaration is made; and

                (e)    state the date on which, and the place at which, the declaration is made; and

                (f)    be divided into paragraphs, each of which must be:

                          (i)    numbered consecutively; and

                         (ii)    as far as practicable, confined to 1 subject.

      (1A)   If the declaration is made on behalf of another person, it must also state the other person's name and address.

      (1B)   If the declaration is made for the purposes of a business whose details are set out in the declaration, it must also state:

                (a)    the office or position held in the business by the person who makes the declaration; and

               (b)    the address of the place at which the business is conducted or principally conducted.

         (2)   A declaration must be made before:

                (a)    a magistrate; or

               (b)    a justice of the peace; or

                (c)    a commissioner for affidavits; or

               (d)    a commissioner for declarations; or

                (e)    a notary public; or

                (f)    a person before whom a statutory declaration may be made under the Statutory Declarations Act 1959 or the law of the State, Territory or foreign country where the declaration is made; or

                (g)    a diplomatic or consular officer.

         (3)   In this regulation:

diplomatic or consular officer means a person who holds any of the following offices of the Commonwealth in a country other than Australia:

                (a)    ambassador;

               (b)    high commissioner;

                (c)    minister;

               (d)    chargĂ© d'affaires;

                (e)    counsellor or second or third secretary at an embassy, high commission or other post;

                (f)    consul‑general;

                (g)    consul;

                (h)    vice‑consul.



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