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OATHS, AFFIDAVITS AND STATUTORY DECLARATIONS ACT 2005 - SCHEDULE 2

OATHS, AFFIDAVITS AND STATUTORY DECLARATIONS ACT 2005 - SCHEDULE 2

[s. 12(6)(a)]

Item

Formal description

Informal description

1.

A member of the academic staff of an institution established under any of the following Acts —

              •         Curtin University Act 1966 ;

•         Edith Cowan University Act 1984 ;

•         Murdoch University Act 1973 ;

•         University of Notre Dame Australia Act 1989 ;

•         University of Western Australia Act 1911 ;

•         Vocational Education and Training Act 1996 .

Academic (post-secondary institution)

2.

A member of any of the following bodies —

              •         Association of Taxation and Management Accountants (ACN 002 876 208);

              •         CPA Australia (ACN 008 392 452);

              •         The Institute of Chartered Accountants in Australia (ARBN 084 642 571);

              •         Institute of Public Accountants

(ACN 004 130 643);

              •         National Tax & Accountants’ Association Limited (ACN 057 551 854).

Accountant

3.

A person who is registered under the Architects Act 2004 .

Architect

4.

An Australian Consular Officer within the meaning of the Consular Fees Act 1955 of the Commonwealth.

Australian Consular Officer

5.

An Australian Diplomatic Officer within the meaning of the Consular Fees Act 1955 of the Commonwealth.

Australian Diplomatic Officer

6.

A bailiff appointed under the Civil Judgments Enforcement Act 2004 .

Bailiff

7.

A person appointed to be in charge of the head office or any branch office of an authorised deposit-taking institution carrying on business in the State under the Banking Act 1959 of the Commonwealth.

Bank manager

8.

A member of Governance Institute of Australia Ltd (ACN 008 615 950).

Chartered secretary, governance adviser or risk manager

9.

A person who is registered under the Health Practitioner Regulation National Law (Western Australia) in the pharmacy profession.

Chemist

10.

A person who is registered under the Health Practitioner Regulation National Law (Western Australia) in the chiropractic profession.

Chiropractor

11.

A person registered as an auditor or a liquidator under the Corporations Act 2001 of the Commonwealth.

Company auditor or liquidator

12.

A judge, master, magistrate, registrar or clerk, or the chief executive officer, of any court of the State or the Commonwealth.

Court officer

13.

A member of the Australian Defence Force who is —

              •         an officer within the meaning of the Defence Force Discipline Act 1982 of the Commonwealth; or

              •         a non-commissioned officer within the meaning of that Act with 5 or more years of continuous service; or

              •         a warrant officer within the meaning of that Act.

Defence force officer

14.

A person registered under the Health Practitioner Regulation National Law (Western Australia) in the dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law.

Dentist

15.

A person who is registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession.

Doctor

15A.

A person appointed under the Parliamentary and Electorate Staff (Employment) Act 1992 section 4(1)(b)(i) or (2)(b)(i)

Electorate officer of a member of State Parliament

16.

A member of the Institution of Engineers, Australia, other than at the grade of student.

Engineer

17.

The secretary of an organisation of employees or employers that is registered under one of the following Acts —

•         Industrial Relations Act 1979 ;

•         Workplace Relations Act 1996 of the Commonwealth.

Industrial organisation secretary

18.

A member of the National Insurance Brokers Association of Australia (ACN 006 093 849).

Insurance broker

19.

A Justice of the Peace.

Justice of the Peace

19A.

A person who is a member of the Authority’s staff within the meaning given to that term by the Land Information Authority Act 2006 section 3.

Landgate officer

20.

A lawyer.

Lawyer

21.

The chief executive officer or deputy chief executive officer of a local government.

Local government CEO or deputy CEO

22.

A member of the council of a local government within the meaning of the Local Government Act 1995 .

Local government councillor

23.

A member of the Australasian Institute of Chartered Loss Adjusters (ACN 074 804 167).

Loss adjuster

24.

An authorised celebrant within the meaning of the Marriage Act 1961 of the Commonwealth.

Marriage celebrant

25.

A member of either House of Parliament of the State or of the Commonwealth.

Member of Parliament

25A.

A person registered under the Health Practitioner Regulation National Law (Western Australia) in the midwifery profession.

Midwife

26.

A minister of religion registered under Part IV Division 1 of the Marriage Act 1961 of the Commonwealth.

Minister of religion

27.

A person registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession.

Nurse

28.

A person registered under the Health Practitioner Regulation National Law (Western Australia) in the optometry profession.

Optometrist

28A.

A person registered under the Health Practitioner Regulation National Law (Western Australia) in the paramedicine profession.

Paramedic

29.

A registered patent attorney under the Patents Act 1990 of the Commonwealth.

Patent attorney

30.

A person registered under the Health Practitioner Regulation National Law (Western Australia) in the physiotherapy profession.

Physiotherapist

31.

A person registered under the Health Practitioner Regulation National Law (Western Australia) in the podiatry profession.

Podiatrist

32.

A police officer.

Police officer

33.

The person in charge of an office established by, or conducted by an agent of, Australia Post within the meaning of the Australian Postal Corporation Act 1989 of the Commonwealth.

Post office manager

34.

A person registered under the Health Practitioner Regulation National Law (Western Australia) in the psychology profession.

Psychologist

35.

A public notary within the meaning of the Public Notaries Act 1979 .

Public notary

36.

An officer of the Commonwealth public service.

Public servant (Commonwealth)

37.

A person who is employed under the Public Sector Management Act 1994 Part 3.

Public servant (State)

38.

The holder of a licence under the Real Estate and Business Agents Act 1978 .

Real estate agent

39.

The holder of a licence under the Settlement Agents Act 1981 .

Settlement agent

40.

The Sheriff of Western Australia and any deputy sheriff appointed by the Sheriff of Western Australia.

Sheriff or deputy sheriff

41.

A licensed surveyor within the meaning of the Licensed Surveyors Act 1909 .

Surveyor

42.

A person registered under the Teacher Registration Act 2012 .

Registered teacher

43.

A member, registrar or clerk, or the chief executive officer, of any tribunal of the State or the Commonwealth.

Tribunal officer

44.

A veterinarian as defined in the Veterinary Practice Act 2021 section 3.

Veterinarian

        [Schedule 2 amended: Gazette 9 Jun 2006 p. 2030; 21 Dec 2007 p. 6328; 9 Dec 2011 p. 5235; 17 Apr 2014 p. 1076; amended: No. 21 of 2008 s. 684(5); No. 22 of 2008 Sch. 3 cl. 39; No. 35 of 2010 s. 120; No. 16 of 2012 s. 165; No. 32 of 2016 s. 188; No. 4 of 2018 s. 115; No. 19 of 2021 s. 233(2); No. 9 of 2022 s. 424.]



Notes

This is a compilation of the Oaths, Affidavits and Statutory Declarations Act 2005 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Short title

Number and year

Assent

Commencement

Oaths, Affidavits and Statutory Declarations Act 2005

23 of 2005

2 Dec 2005

s. 1 and 2: 2 Dec 2005;

Act other than s. 1 and 2: 1 Jan 2006 (see s. 2 and Gazette 23 Dec 2005 p. 6244)

Oaths, Affidavits and Statutory Declarations (Act Amendment) Regulations 2006 r. 3 published in Gazette 9 Jun 2006 p. 2030

9 Jun 2006

Oaths, Affidavits and Statutory Declarations (Act Amendment) Regulations 2007 r. 4 published in Gazette 21 Dec 2007 p. 6328

22 Dec 2007 (see r. 2(b))

Acts Amendment (Justice) Act 2008 Pt. 17

5 of 2008

31 Mar 2008

30 Sep 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253)

Legal Profession Act 2008 s. 684

21 of 2008

27 May 2008

1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511)

Medical Practitioners Act 2008 Sch. 3 cl. 39

22 of 2008

27 May 2008

1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989)

Reprint 1: The Oaths, Affidavits and Statutory Declarations Act 2005 as at 9 Jan 2009 (includes amendments listed above except those in the Legal Profession Act 2008 )

Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 38

35 of 2010

30 Aug 2010

18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6)

Oaths, Affidavits and Statutory Declarations (Act Amendment) Regulations 2011 r. 4 published in Gazette 9 Dec 2011 p. 5235

10 Dec 2011 (see r. 2(b))

Teacher Registration Act 2012 s. 165

16 of 2012

3 Jul 2012

7 Dec 2012 (see s. 2(b) and Gazette 16 Nov 2012 p. 5637)

Oaths, Affidavits and Statutory Declarations (Act Amendment) Regulations 2014 r. 4 published in Gazette 17 Apr 2014 p. 1075-6

18 Apr 2014 (see r. 2(b))

Reprint 2: The Oaths, Affidavits and Statutory Declarations Act 2005 as at 4 Dec 2015 (includes amendments listed above)

Universities Legislation Amendment Act 2016 Pt. 7 Div. 6

32 of 2016

19 Oct 2016

2 Jan 2017 (see s. 2(b) and Gazette 9 Dec 2016 p. 5557)

Health Practitioner Regulation National Law (WA) Amendment Act 2018 s. 115

4 of 2018

19 Apr 2018

1 Dec 2018 (see s. 2(d) and Gazette 13 Nov 2018 p. 4427-8)

Veterinary Practice Act 2021 s. 233

19 of 2021

27 Oct 2021

18 Jun 2022 (see s. 2(b) and SL 2022/81 cl. 2)

Legal Profession Uniform Law Application Act 2022 s. 424

9 of 2022

14 Apr 2022

1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2)

Other notes

1M         The COVID-19 Response and Economic Recovery Omnibus Act 2020 Part 4 Division 3 modifies section 9 of the Act. The modified section is identified by the superscript 1M appearing after the section number. The modification ceases on 31 December 2021 unless postponed under section 44(3) and 52 of that Act.

Defined terms



[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term         Provision(s)

A         7(1), (2) and (3)

B         7(1), (2) and (3)

chief judicial officer         10(1)

court staff         10(1)

experienced legal practitioner         8

prescribed consular official         3