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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Oaths, Affidavits and Statutory Declarations
(Consequential Provisions) Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Repeals
3. Declarations and Attestations Act 1913 repealed 3
4. Imperial Acts repealed 3
Part 3 -- Constitution Act 1889
amended
5. The Act amended in this Part 4
6. Section 22 amended 4
7. Schedule E replaced 4
Part 4 -- Constitution Acts Amendment
Act 1899 amended
8. The Act amended in this Part 5
9. Section 43 amended 5
10 . Section 44A amended 5
11 . Section 45 inserted 6
12 . Schedule VI inserted 6
Part 5 -- Various court Acts amended
13 . Children's Court of Western Australia Act 1988
amended 8
14 . District Court of Western Australia Act 1969 amended 9
15 . Family Court Act 1997 amended 10
255--2B page i
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Contents
16 . Supreme Court Act 1935 amended 11
Part 6 -- The Criminal Code amended
17 . The Criminal Code amended in this Part 13
18 . Section 169 replaced 13
19 . Section 170 replaced 14
Part 7 -- Evidence Act 1906 amended
20 . The Act amended in this Part 15
21 . Section 97 amended 15
22 . Sections 98, 98A, 99 and 100 repealed 15
23 . Section 100A amended 15
24 . Section 102 amended 15
25 . Section 103 amended 16
26 . Section 104 repealed 16
27 . Section 105 inserted 16
28 . Section 106 repealed 16
29 . Section 106B amended 17
30 . Section 106C amended 17
Part 8 -- Interpretation Act 1984
amended
31 . The Act amended in this Part 18
32 . Section 5 amended 18
Part 9 -- Local Government Act 1995
amended
33 . The Act amended in this Part 20
34 . Section 2.29 amended 20
35 . Section 2.32 amended 20
36 . Section 2.42 amended 20
Part 10 -- Various Acts amended
37 . Various Acts amended 21
Schedule 1 -- Amendments to various
Acts 22
1. Adoption Act 1994 22
2. Agricultural Practices (Disputes) Act 1995 22
3. Bills of Sale Act 1899 22
page ii
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Contents
4. Companies (Co-operative) Act 1943 22
5. Consumer Affairs Act 1971 23
6. Education Service Providers (Full Fee Overseas
Students) Registration Act 1991 23
7. Finance Brokers Control Act 1975 23
8. Juries Act 1957 23
9. Mining Act 1978 23
10 . Petroleum Products Pricing Act 1983 23
11 . Pharmacy Act 1964 24
12 . Public Notaries Act 1979 24
13 . Prisons Act 1981 24
14 . Real Estate and Business Agents Act 1978 24
15 . Settlement Agents Act 1981 24
16 . Transfer of Land Act 1893 25
17 . Travel Agents Act 1985 25
18 . Veterinary Surgeons Act 1960 25
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail and upon reconsideration)
Oaths, Affidavits and Statutory Declarations
(Consequential Provisions) Bill 2003
A Bill for
An Act to --
· repeal the Declarations and Attestations Act 1913 and various
adopted Imperial Acts; and
· amend various Acts,
as a consequence of the enactment of the Oaths, Affidavits and
Statutory Declarations Act 2003, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Oaths, Affidavits and Statutory
Declarations (Consequential Provisions) Act 2003.
5 2. Commencement
This Act comes into operation on the day on which the Oaths,
Affidavits and Statutory Declarations Act 2003 comes into
operation.
page 2
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Repeals Part 2
s. 3
Part 2 -- Repeals
3. Declarations and Attestations Act 1913 repealed
The Declarations and Attestations Act 1913 is repealed.
4. Imperial Acts repealed
5 (1) The following Imperial Acts are repealed in so far as they are
part of the law of Western Australia --
(a) 1 & 2 William IV c. 4
[An Act to abolish certain Oaths and Affirmations taken
and made in the Customs and Excise Departments of
10 His Majesty's Revenue, and to substitute Declarations in
lieu thereof.]
[Excise Declarations Act 1831]
[Adopted by Imperial Acts Adopting Act 1836];
(b) 3 & 4 William IV c. 49
15 [An Act to allow Quakers and Moravians to make
Affirmation in all cases where an Oath is or shall be
required.]
[Quakers and Moravians Act 1833]
[Adopted by Imperial Acts Adopting Act 1844];
20 (c) 1 & 2 Victoria c. 77
[An Act for permitting Affirmation to be made instead
of an Oath in certain Cases.]
[Quakers and Moravians Act 1838]
[Adopted by Imperial Acts Adopting Act 1844];
25 (d) 1 & 2 Victoria c. 105
[An Act to remove Doubts as to the Validity of certain
Oaths.]
[Oaths Act 1838]
[Adopted by Imperial Acts Adopting Act 1844].
30 (2) In respect of each Imperial enactment referred to in
subsection (1), the Interpretation Act 1984 Part V applies as if a
reference in that Part to the repeal of a written law or to the
repeal of an enactment were a reference to the repeal of the
Imperial enactment.
page 3
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Part 3 Constitution Act 1889 amended
s. 5
Part 3 -- Constitution Act 1889 amended
5. The Act amended in this Part
The amendments in this Part are to the Constitution Act 1889*.
[* Reprinted as at 3 July 2000.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 67.]
6. Section 22 amended
Section 22 is amended by deleting "allegiance" and inserting
instead --
10 " office ".
7. Schedule E replaced
Schedule E is repealed and the following Schedule is inserted
instead --
"
15 Schedule E -- Oath and affirmation of office
[s. 22]
I, [name], [insert an oath or affirmation according to the
Oaths, Affidavits and Statutory Declarations Act 2003] that
I will faithfully serve the people of Western Australia as a
20 member of the *Legislative Council/Legislative Assembly.
[*Delete the inapplicable.]
".
page 4
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Constitution Acts Amendment Act 1899 amended Part 4
s. 8
Part 4 -- Constitution Acts Amendment Act 1899
amended
8. The Act amended in this Part
The amendments in this Part are to the Constitution Acts
5 Amendment Act 1899*.
[* Reprint 12 as at 3 October 2003.]
9. Section 43 amended
After section 43(3) the following subsection is inserted --
"
10 (4) Before a person who accepts such an executive office
performs any function of the office, he is to take before
the Governor, or some person authorised for the
purpose by the Governor, the oath or affirmation set
out in Division 1 of Schedule VI.
15 ".
10. Section 44A amended
After section 44A(5) the following subsection is inserted --
"
(6) Before a person who is appointed to be a Parliamentary
20 Secretary performs any function of the office, he is to
take before the Governor, or some person authorised
for the purpose by the Governor, the oath or
affirmation set out in Division 1 of Schedule VI.
".
page 5
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Part 4 Constitution Acts Amendment Act 1899 amended
s. 11
11. Section 45 inserted
After section 44A the following section is inserted --
"
45. Oath of office for members of Executive Council
5 The form of the oath or affirmation of office for a
person who has been appointed to be a member of the
Executive Council is that set out in Division 2 of
Schedule VI.
".
10 12. Schedule VI inserted
After Schedule V the following Schedule is inserted --
"
Schedule VI -- Oaths and affirmations of office
[s. 43(4), 44A(6) & 45]
15 Division 1 -- Holders of principal executive offices and for
Parliamentary Secretaries
I, [name], [insert an oath or affirmation according to the
Oaths, Affidavits and Statutory Declarations Act 2003] that
I will faithfully serve the people of Western Australia in the
20 office of [title of office].
Division 2 -- Members of the Executive Council
I, [name], [insert an oath or affirmation according to the
Oaths, Affidavits and Statutory Declarations Act 2003] --
that I will faithfully serve the people of Western
25 Australia as a member of the Executive Council;
that as and when required to do so I will freely give
my advice as such a member to the Governor, or the
person performing the functions of the Governor,
for the good management of the public affairs of
30 Western Australia;
page 6
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Constitution Acts Amendment Act 1899 amended Part 4
s. 12
and that I will not, directly or indirectly, reveal any
matters that come before the Council and that I am
required by the Council to keep secret.
".
page 7
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Part 5 Various court Acts amended
s. 13
Part 5 -- Various court Acts amended
13. Children's Court of Western Australia Act 1988 amended
(1) The amendments in this section are to the Children's Court of
Western Australia Act 1988*.
5 [* Reprinted as at 25 August 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 54.]
(2) Section 12(1) is repealed and the following subsection is
inserted instead --
10 "
(1) Before a person who is appointed to be a Judge, or a
magistrate, of the Court performs any function of the
office, he or she shall take before the Governor, a
Supreme Court Judge, or some person authorised for
15 the purpose by the Governor, an oath or affirmation in
the form set out in Schedule 1.
".
(3) Section 12(1a)(a) is amended by deleting "allegiance and a
judicial oath or affirmation" and inserting instead --
20 " office in respect of that office of judge ".
(4) Section 18(2) is repealed.
(5) Schedule 1 is repealed and the following schedule is inserted
instead --
"
25 Schedule 1 -- Oath and affirmation of office
[s. 12(1)]
I, [name], [insert an oath or affirmation according to the
Oaths, Affidavits and Statutory Declarations Act 2003] that
I will faithfully serve the people and the State of Western
30 Australia in the office of [title of office] of the Children's
Court of Western Australia and I will do right to all manner
page 8
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Various court Acts amended Part 5
s. 14
of people, according to law, without fear or favour, affection
or ill will.
".
14. District Court of Western Australia Act 1969 amended
5 (1) The amendments in this section are to the District Court of
Western Australia Act 1969*.
[* Reprinted as at 19 January 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 108 and
10 Act No. 28 of 2003.]
(2) Section 11(2) is repealed and the following subsection is
inserted instead --
"
(2) Before a person who is appointed to be a District Court
15 Judge, an acting District Court Judge, an auxiliary
District Court Judge, or a commissioner of the Court,
performs any function of the office, he or she shall take
before the Governor, a Supreme Court Judge, or some
person authorised for the purpose by the Governor, an
20 oath or affirmation in the form set out in Schedule 1.
".
(3) Section 27(2) is repealed.
(4) Section 27(3) is amended by deleting "Sections 174, 176 and
177" and inserting instead --
25 " Section 174 ".
page 9
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Part 5 Various court Acts amended
s. 15
(5) The Schedule is repealed and the following schedule is inserted
instead --
"
Schedule 1 -- Oath and affirmation of office
5 [s. 11(2)]
I, [name], [insert an oath or affirmation according to the
Oaths, Affidavits and Statutory Declarations Act 2003] that
I will faithfully serve the people and the State of Western
Australia in the office of [title of office] of the District Court
10 of Western Australia and I will do right to all manner of
people, according to law, without fear or favour, affection or
ill will.
".
15. Family Court Act 1997 amended
15 (1) The amendments in this section are to the Family Court
Act 1997*.
[* Reprint 1 as at 15 August 2003.]
(2) Section 13 is repealed and the following section is inserted
instead --
20 "
13. Oath of office
Before a person who is appointed to be a Judge
performs any function of the office, he or she shall take
before the Governor, a Supreme Court Judge, or some
25 person authorised for the purpose by the Governor, an
oath or affirmation in the form set out in Schedule 1.
".
(3) Section 22(4) is repealed and the following subsection is
inserted instead --
30 "
(4) Before a person who is appointed to be an acting Judge
performs any function of the office, he or she shall take
page 10
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Various court Acts amended Part 5
s. 16
before the Governor, a Supreme Court Judge, or some
person authorised for the purpose by the Governor to
do so, an oath or affirmation in the form set out in
Schedule 1.
5 ".
(4) Schedule 1 is repealed and the following schedule is inserted
instead --
"
Schedule 1 -- Oath and affirmation of office
10 [s. 13 & 22(4)]
I, [name], [insert an oath or affirmation according to the
Oaths, Affidavits and Statutory Declarations Act 2003] that
I will faithfully serve the people and the State of Western
Australia in the office of [title of office] of the Family Court
15 of Western Australia and I will do right to all manner of
people, according to law, without fear or favour, affection or
ill will.
".
16. Supreme Court Act 1935 amended
20 (1) The amendments in this section are to the Supreme Court
Act 1935*.
[* Reprinted as at 9 February 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 385 and
25 Acts Nos. 20 and 28 of 2003 .]
(2) Section 4 is amended by deleting the definition of "Oath".
(3) Section 9(2) is repealed.
(4) Section 11(1a) is repealed.
(5) Section 11AA(4) is amended as follows:
30 (a) by inserting after paragraph (a) --
" and ";
page 11
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Part 5 Various court Acts amended
s. 16
(b) by deleting paragraph (b) and "and" after it.
(6) Section 11A(4) is repealed.
(7) After section 12 the following section is inserted --
"
5 13. Oath of office
Before a person who is appointed to be a Judge, an
acting Judge, an auxiliary Judge, a Master, an acting
Master, or a commissioner, of the Court, performs any
function of the office, he or she shall take before the
10 Governor, or some person authorised for the purpose
by the Governor, an oath or affirmation in the form set
out in the Second Schedule.
".
(8) Section 49(1a) is repealed.
15 (9) Sections 175, 176 and 177 are repealed.
(10) The Second Schedule is repealed and the following schedule is
inserted instead --
"
Second Schedule -- Oath and affirmation of office
20 [s. 13]
I, [name], [insert an oath or affirmation according to the
Oaths, Affidavits and Statutory Declarations Act 2003] that
I will faithfully serve the people and the State of Western
Australia in the office of [title of office] of the Supreme
25 Court of Western Australia and I will do right to all manner
of people, according to law, without fear or favour, affection
or ill will.
".
page 12
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
The Criminal Code amended Part 6
s. 17
Part 6 -- The Criminal Code amended
17. The Criminal Code amended in this Part
The amendments in this Part are to The Criminal Code*.
[* Reprint 10 as at 7 February 2003 (see the Schedule to the
5 Criminal Code Act 1913 appearing as Appendix B to the
Criminal Code Compilation Act 1913).
For subsequent amendments see Acts Nos. 23, 28 and 30 of
2003.]
18. Section 169 replaced
10 Section 169 is repealed and the following section is inserted
instead --
"
169. False affidavits and statutory declarations
(1) Any person who knowingly makes a statement that is
15 false in a material particular in an affidavit that is made
on oath or under any other sanction authorised by law
is guilty of a crime and is liable to imprisonment for
7 years.
Summary conviction penalty: Imprisonment for 3 years
20 or a fine of $12 000.
(2) Any person who knowingly makes a statement that is
false in a material particular in a statutory declaration is
guilty of a crime and is liable to imprisonment for
5 years.
25 Summary conviction penalty: Imprisonment for 2 years
or a fine of $8 000.
".
page 13
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Part 6 The Criminal Code amended
s. 19
19. Section 170 replaced
Section 170 is repealed and the following section is inserted
instead --
"
5 170. False information to officials etc.
(1) Any person who, being required under a written law to
give information, whether orally or in writing, to
another person, knowingly gives information to the
other person that is false in a material particular is
10 guilty of a crime and is liable to imprisonment for
3 years.
Summary conviction penalty: Imprisonment for
18 months or a fine of $6 000.
(2) Subsection (1) does not apply if the person is required
15 to give the information on oath or in a statutory
declaration.
".
page 14
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Evidence Act 1906 amended Part 7
s. 20
Part 7 -- Evidence Act 1906 amended
20. The Act amended in this Part
The amendments in this Part are to the Evidence Act 1906*.
[* Reprint 12 as at 10 October 2003.]
5 21. Section 97 amended
Section 97(3) and (4) are repealed and the following subsection
is inserted instead --
"
(3) The form of oath for a witness is as follows --
10 [insert an oath or affirmation according to the Oaths,
Affidavits and Statutory Declarations Act 2003] that
the evidence I will give in this case will be the truth,
the whole truth and nothing but the truth.
".
15 22. Sections 98, 98A, 99 and 100 repealed
Sections 98, 98A, 99 and 100 are repealed.
23. Section 100A amended
(1) Section 100A(1) is amended by deleting "solemn".
(2) Section 100A(2) is amended by deleting "solemn" in the
20 2 places where it occurs.
24. Section 102 amended
(1) Section 102(1) is repealed and the following subsection is
inserted instead --
"
25 (1) If a person is called to act as an interpreter in any court,
or before any person acting judicially, and that person,
had he or she been tendered as a witness, would have
page 15
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Part 7 Evidence Act 1906 amended
s. 25
been required to take an oath or make an affirmation,
he or she shall be required to take an oath or
affirmation as follows --
I [insert an oath or affirmation according to the Oaths,
5 Affidavits and Statutory Declarations Act 2003] that I
will well and truly translate any evidence that I am
asked to translate in this case.
".
(2) Section 102(2) is amended by deleting "or made a solemn
10 affirmation or declaration" and insert instead --
" or made an affirmation ".
25. Section 103 amended
Section 103(1) is amended by deleting "a solemn" and inserting
instead --
15 " an ".
26. Section 104 repealed
Section 104 is repealed.
27. Section 105 inserted
After section 104A the following section is inserted --
20 "
105. Oaths, Affidavits and Statutory Declarations
Act 2003, application of
This Act does not limit the operation of the Oaths,
Affidavits and Statutory Declarations Act 2003 and in
25 particular Part 2 of that Act.
".
28. Section 106 repealed
Section 106 is repealed.
page 16
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Evidence Act 1906 amended Part 7
s. 29
29. Section 106B amended
(1) Section 106B(1) is amended by deleting "under section 97(3) or
after making a solemn affirmation under section 97(4)" and
inserting instead --
5 " or after making an affirmation ".
(2) Section 106B(2) is amended by deleting "a solemn" and
inserting instead --
" an ".
30. Section 106C amended
10 Section 106C is amended by deleting "a solemn" and inserting
instead --
" an ".
page 17
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Part 8 Interpretation Act 1984 amended
s. 31
Part 8 -- Interpretation Act 1984 amended
31. The Act amended in this Part
The amendments in this Part are to the Interpretation Act 1984*.
[* Reprinted as at 1 January 1999.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 186 and
Act No. 45 of 2002.]
32. Section 5 amended
Section 5 is amended as follows:
10 (a) by deleting the definition of "affidavit" and inserting
instead --
"
"affidavit" means an affidavit made in accordance
with the Oaths, Affidavits and Statutory
15 Declarations Act 2003 or made before the
commencement of that Act in accordance with
law;
";
(b) by deleting the definition of "oath" and inserting
20 instead --
"
"oath" means an oath or affirmation taken or made in
accordance with the Oaths, Affidavits and
Statutory Declarations Act 2003 or taken or made
25 before the commencement of that Act in
accordance with law;
";
page 18
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Interpretation Act 1984 Part 8
s. 32
(c) by deleting the definition of "statutory declaration" and
inserting instead --
"
"statutory declaration" means a statutory declaration
5 made in accordance with the Oaths, Affidavits and
Statutory Declarations Act 2003 or made before
the commencement of that Act in accordance with
law;
";
10 (d) by deleting the definition of "swear" and inserting
instead --
"
"swear" includes to affirm;
".
page 19
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Part 9 Local Government Act 1995 amended
s. 33
Part 9 -- Local Government Act 1995 amended
33. The Act amended in this Part
The amendments in this Part are to the Local Government
Act 1995*.
5 [* Reprinted as at 18 February 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 223 and
Acts Nos. 20, 21 and 28 of 2003.]
34. Section 2.29 amended
10 (1) Section 2.29(1) is amended by deleting "take an oath or
affirmation of allegiance and".
(2) Section 2.29(3) is amended by deleting "An oath, affirmation or
declaration" and inserting instead --
" A declaration ".
15 35. Section 2.32 amended
Section 2.32(c) is amended by deleting "take the oath or
affirmation, and make the declaration," and inserting instead --
" make the declaration ".
36. Section 2.42 amended
20 Section 2.42(1) is amended by deleting "taken an oath or
affirmation of allegiance and".
page 20
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Various Acts amended Part 10
s. 37
Part 10 -- Various Acts amended
37. Various Acts amended
Each Act listed in Schedule 1 is amended as set out in that
Schedule below the short title of the Act.
page 21
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Schedule 1 Amendments to various Acts
Schedule 1 -- Amendments to various Acts
[s. 37]
1. Adoption Act 1994
Sch. 1 cl. 2(1)(j) Delete the paragraph and insert instead --
"
(j) any person before whom a person may make a
statutory declaration under the Oaths, Affidavits
and Statutory Declarations Act 2003 or under the
Statutory Declarations Act 1959 of the
Commonwealth;
".
2. Agricultural Practices (Disputes) Act 1995
Sch. 1 cl. 7(7)(c) Delete ", affirmation or declaration required" and insert
instead --
" or affirmation required ".
5 3. Bills of Sale Act 1899
s. 8(1) Delete "misdemeanour, and shall be punishable as if he were
guilty of an offence under section 170 of The Criminal
Code." and insert instead --
"
crime and be liable to imprisonment for 5 years.
Summary conviction penalty: Imprisonment for 2
years or a fine of $8 000.
".
s. 9 Repeal the section.
4. Companies (Co-operative) Act 1943
s. 432 Delete "commissioner for taking affidavits in the Supreme
Court or commissioner for declarations" and insert
instead --
" any person who may witness a statutory declaration ".
page 22
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Amendments to various Acts Schedule 1
5. Consumer Affairs Act 1971
s. 19(1a)(c)(iv) Delete "have the authority of a commissioner for
declarations" and insert instead --
" may witness a statutory declaration ".
6. Education Service Providers (Full Fee Overseas Students)
Registration Act 1991
s. 32(2)(c)(iv) Delete "have the authority of a commissioner for
declarations" and insert instead --
" may witness a statutory declaration ".
7. Finance Brokers Control Act 1975
s. 15(2)(c)(iv) Delete "have the authority of a commissioner for
declarations" and insert instead --
" may witness a statutory declaration ".
5 8. Juries Act 1957
s. 56(2) Delete "sworn before a commissioner for affidavits or a
Justice of the Peace and".
9. Mining Act 1978
s. 144(a) Delete the paragraph and insert instead --
"
(a) any person who, under the Oaths, Affidavits and
Statutory Declarations Act 2003, is an authorised
witness for an affidavit;
".
s. 144(c) After the paragraph insert --
" or ".
s. 144(d) Delete the paragraph and "or" after it.
10. Petroleum Products Pricing Act 1983
s. 23(1)(b)(iii) Delete "has the authority of a Commissioner for
Declarations" and insert instead --
" may witness a statutory declaration ".
page 23
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Schedule 1 Amendments to various Acts
11. Pharmacy Act 1964
s. 17(3) Delete ", or take a solemn declaration from,".
12. Public Notaries Act 1979
s. 13 Delete "some Commissioner duly appointed to take
affidavits therein" and insert instead --
"
a person prescribed for the purpose by rules made
under section 17
".
13. Prisons Act 1981
s. 9(3)(b)(ii) Delete "has the authority of a commissioner for declarations"
and insert instead --
" may witness a statutory declaration ".
14. Real Estate and Business Agents Act 1978
s. 15(2)(c)(iv) Delete "have the authority of a commissioner for
declarations" and insert instead --
" may witness a statutory declaration ".
5 15. Settlement Agents Act 1981
s. 15(2)(c)(iv) Delete "have the authority of a commissioner for
declarations" and insert instead --
" may witness a statutory declaration ".
page 24
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2003
Amendments to various Acts Schedule 1
16. Transfer of Land Act 1893
Second Schedule In each Schedule, delete "(The applicant if within the State
Fourth Schedule to sign before the Registrar or an Assistant Registrar or a
Twenty-eighth notary public, justice of the peace, commissioner for taking
Schedule affidavits in the Supreme Court of Western Australia or legal
practitioner; if out of the State, before a notary public, justice
of the peace, or a commissioner for taking affidavits in the
Supreme Court of Western Australia)." and insert instead --
"
[The applicant, if in the State, to sign before the
Registrar, an Assistant Registrar or any person who,
under the Oaths, Affidavits and Statutory
Declarations Act 2003, is an authorised witness for an
affidavit made in the State; if out of the State, to sign
before any person who, under that Act, is an
authorised witness for an affidavit made out of the
State.]
".
17. Travel Agents Act 1985
s. 43(2)(c)(iv) Delete "has the authority of a commissioner for declarations"
and insert instead --
" may witness a statutory declaration ".
18. Veterinary Surgeons Act 1960
s. 16B(2)(c)(iv) Delete "have the authority of a commissioner for
declarations" and insert instead --
" may witness a statutory declaration ".
page 25
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