Oaths (Document Reforms) Amendment Regulation 2022

1Short title

This regulation may be cited as the Oaths (Document Reforms) Amendment Regulation 2022.

2Regulation amended

This regulation amends the Oaths Regulation 2022.

3Insertion of new pt 1, hdg

Before section 1—
insert—

Part 1 Preliminary

4Insertion of new pt 2, hdg and ss 2A and 2B

After section 2—
insert—

Part 2 Matters relevant to affidavits and declarations

2APersons excluded from signing as substitute signatory in physical presence of signatory and witness [OA, s 31P]

(1)This section applies in relation to a substitute signatory if—

(a)the substitute signatory is directed by a signatory in the signatory’s physical presence to sign an affidavit or a declaration for the signatory; and

(b)the substitute signatory is to sign the affidavit or declaration in the physical presence of a witness.

(2)Each of the following persons is excluded from signing the affidavit or declaration as a substitute signatory—

(a)a person witnessing the affidavit or declaration;

(b)if the affidavit or declaration is to be used in a proceeding by or for a party—a person who is another party to the proceeding or a relation of a person who is another party to the proceeding;

(c)a person who would otherwise be excluded under a law from signing the affidavit or declaration as a signatory.

(3)In this section—

relation, of a person, see the Powers of Attorney Act 1998, schedule 3.

2BRequirements for witnessing signature of substitute signatory in physical presence of signatory and substitute signatory [OA, s 31R]

(1)This section applies if—

(a)a substitute signatory is directed by a signatory in the signatory’s physical presence to sign an affidavit or a declaration for the signatory; and

(b)the substitute signatory is to sign the affidavit or declaration in the physical presence of a witness.

(2)The witness for the signing of the document must—

(a)observe the signatory direct the substitute signatory to sign the affidavit or declaration; and

(b)be satisfied that the substitute signatory is not excluded from signing the affidavit or declaration under section 2A; and

(c)be satisfied that the signatory is freely and voluntarily directing the substitute signatory to sign the affidavit or declaration.

5Insertion of new pt 3, hdg

After section 7—
insert—

Part 3 Matters relevant to use of audio visual links