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Statutory Declaration

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If you intend making a Statutory Declaration, it should be written in accordance Statutory Declarations Act 1959 (the Act) and the Statutory Declarations Regulations 1993 (the Regulations). Under the Act a person who willfully makes a false statement in a statutory declaration is guilty of an offence and may be fined or jailed, or both.

The Act provides that a statutory declaration must be in the prescribed form and must be made before a prescribed witness. The form for making a statutory declaration and the persons who can witness a statutory declaration are prescribed under the Regulations. 

This legal document form must be used for all matters arising under a law of the Commonwealth, the Australian Capital Territory or certain other Territories.A statutory declaration may be invalid if it is made using an incorrect form, is witnessed by a person not prescribed by the Regulations as an authorised witness, or if it is incomplete.

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