A statutory declaration is a written statement that a person signs and declares to be true and correct before an authorised witness. By signing it, the person makes a solemn declaration that the contents are true and understands that any information found to be false can result in criminal prosecution.
Statutory declarations are used for many purposes when dealing with property, mainly for completing forms relating to stamp duty calculations.
DGK Conveyancing will complete all forms for signing by you that are required for property transactions in Victoria.
Requirements for a statutory declaration.
A person who witnesses the declaration must print, type or stamp his or her name and address below his or her signature. Any annexed documents must contain these details as well. If there are any alterations or erasures to the documents, they must be initialled by the witness and person making the statutory declaration or affidavit.
Who can witness statutory declarations?
Under Section 107A of the Evidence (Miscellaneous Provisions) Act 1958 (as of 12 June 2015), (previously Evidence Act 1958), the list of persons who may witness statutory declarations includes:
- a justice of the peace or a bail justice
- a public notary
- an Australian lawyer (within the meaning of the Legal Profession Act 2004)
- a clerk to an Australian lawyer
- the prothonotary or a deputy prothonotary of the Supreme Court, the registrar or a deputy registrar of the County Court, the principal registrar or a registrar or deputy registrar of the Magistrates’ Court or the principal registrar or a registrar or deputy registrar of the Children’s Court
- the registrar of probates or an assistant registrar of probates
- the associate to a judge of the Supreme Court or of the County Court
- the associate of an Association Judge of the Supreme Court or of an associate judge of the County Court
- a person registered as a patent attorney under Chapter 20 of the Patents Act 1990 of the Commonwealth
- a police officer
- the sheriff or a deputy sheriff
- a member or former member of either House of the Parliament of Victoria
- a member or former member of either House of the Parliament of the Commonwealth
- a councillor of a municipality
- a senior officer of a Council as defined in the Local Government Act 1989
- a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student)
- a person registered under the Health Practitioner Regulation National Law to practise in the dental profession as a dentist (other than as a student), and in the dentists division of that profession
- a registered veterinary practitioner within the meaning of the Veterinary Practice Act 1997
- a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student)
- a principal within the meaning of the Education and Training Reform Act 2006
- the manager of an authorised deposit-taking institution
- a person who holds a prescribed membership of a prescribed accounting body or association
- the secretary of a building society
- a minister of religion authorised to celebrate marriages
- a Victorian Inspectorate Officer within the meaning of the Victorian Inspectorate Act 2011
- a person employed under Part 3 of the Public Administration Act 2004 with a classification that is prescribed as a classification to which this section applies
- an Independent Broad-based Anti-corruption Commission officer
- a fellow of the Institute of Legal Executives (Victoria).