- Statutory declaration
A statutory declaration is a legal document defined under the law of certain Commonwealth nations. It is similar to a statement made under
oath , however, it is not sworn.Statutory declarations are commonly used to allow a person to affirm something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. They are thus similar to
affidavit s (which are made on oath).Depending on jurisdiction, statutory declarations can be used for:
*Declarations of identity, nationality, marital status, etc. when documentary evidence is unavailable.
*Declaring the intention to change one's name.
*Affirming the provenance and nature of goods for export or import.
*Statements of originality forpatent applications.Australia
Australian law defines a statutory declaration as a written statement declared to be true in the presence of an authorised witness. The "Statutory Declarations Act 1959" governs the use of statutory declarations in matters involving the law of the Australian Commonwealth,Australian Capital Territory , and other territories but not including theNorthern Territory .Any person within the
jurisdiction of this law may make a statutory declaration in relation to any matter. The declaration may be used in connection with matters of law, including judicial proceedings, but what weight is given to the declaration is a matter for thejudge to decide.Statutory declarations must be made in a prescribed form and witnessed by a person as specified in the "Statutory Declarations Regulations (1993)". Prescribed witnesses include legal and medical practitioners, Justices of the Peace,
notary public s, police officers, and certain other Commonwealth employees.Intentionally making a false statement as a statutory declaration is a crime equivalent to
perjury , and punishable by fines and/or a prison sentence of up to 4 years.The States of Australia each have their own laws regarding statutory declarations.
United Kingdom
Statutory declarations can be used as a method of legally changing one's name.
References
* [http://www.ag.gov.au/statdec Statutory Declarations - Australian Attorney-General's Department]
* [http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/all/search/7E3AE20F8329B422CA256F71004DB642 Statutory Declarations Act 1959 (Australia)]
* [http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrumentCompilation1.nsf/all/search/6C758B9AD95D8777CA2570C3007EEFA7 Statutory Declarations Regulations 1993 (Australia)]
* [http://www.irishstatutebook.ie/1938_37.html Statutory Declarations Act, 1938 (Ireland)]
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