OATHS AND AFFIRMATIONS ACT 2018 (NO. 6 OF 2018) - SECT 21 Affidavits made out of Victoria
OATHS AND AFFIRMATIONS ACT 2018 (NO. 6 OF 2018) - SECT 21
Affidavits made out of Victoria(1) In addition to a person referred to in section 19, the following persons are authorised affidavit takers for the purpose of a person making any affidavit in any place out of Victoria for use in Victoria in any court or tribunal or before a person acting judicially for any purpose or in any way authorised by law (whether by or under any Act, including a Commonwealth Act), by custom or otherwise—
(a) an Australian consular officer exercising the officer's functions in that place;
(b) an employee of the Commonwealth referred to in section 3(c) of the Consular Fees Act 1955 of the Commonwealth;
(c) an employee of the Australian Trade and Investment Commission referred to in section 3(d) of the Consular Fees Act 1955 of the Commonwealth;
(d) any person having authority to administer an oath or affirmation in that place.
(2) If by any Act or subordinate instrument an affidavit is required, authorised or permitted to be administered or made before a justice of the peace or a bail justice, it is sufficient if the affidavit is made before a justice of the peace or bail justice (however described) for that place outside Victoria where the affidavit is made.
(3) A court, tribunal or person acting judicially must take judicial and official notice of the signature of any justice of the peace or bail justice for a place outside Victoria referred to in subsection (2) when that person's signature is attached or appended to any affidavit.
(4) For the purpose of subsection (3), judicial and official notice of the signature of the justice of the peace or bail justice for a place outside Victoria means that there is a presumption that, unless the contrary is proved—
(a) the justice of the peace or bail justice signed the affidavit; and
(b) the justice of the peace or bail justice was an authorised affidavit taker at the time of taking the affidavit.