FEDERAL CIRCUIT COURT OF AUSTRALIA ACT 1999 - SECT 59 Swearing of affidavits etc.

This legislation has been repealed.

FEDERAL CIRCUIT COURT OF AUSTRALIA ACT 1999 - SECT 59

             (1)  An affidavit to be used in a proceeding in the Federal Circuit Court of Australia may be sworn or affirmed within Australia before:

                     (a)  a Judge; or

                     (b)  a Registrar; or

                     (c)  a justice of the peace; or

                     (d)  a commissioner for affidavits; or

                     (e)  a commissioner for declarations; or

                      (f)  a person who is authorised to administer oaths or affirmations for the purposes of:

                              (i)  the Federal Circuit Court of Australia; or

                             (ii)  the High Court; or

                            (iii)  the Federal Court; or

                            (iv)  the Family Court; or

                             (v)  the Supreme Court of a State or Territory; or

                     (g)  a person before whom affidavits can be sworn or affirmed under the Evidence Act 1995 .

             (2)  An affidavit to be used in a proceeding in the Federal Circuit Court of Australia may be sworn or affirmed at a place outside Australia before:

                     (a)  a commissioner of the High Court who is authorised to administer oaths or affirmations 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 who is empowered and authorised to act in that place; or

                     (c)  an Australian Diplomatic Officer or an Australian Consular Officer, as defined by the Consular Fees Act 1955 , who is exercising his or her function in that place; or

                     (d)  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

                     (e)  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; or

                      (f)  a notary public who is exercising his or her function in that place; or

                     (g)  a person who is:

                              (i)  qualified to administer an oath or affirmation in that place; and

                             (ii)  certified by the person mentioned in any of paragraphs (b), (c), (d), (e) and (f), or by the superior court of that place, to be so qualified.

             (3)  An affidavit sworn or affirmed outside Australia otherwise than before a person referred to in subsection (2) may be used in a proceeding in the Federal Circuit Court of Australia in circumstances provided by the Rules of Court.

Note:          See also paragraph 90(1)(d).