Victorian Consolidated Legislation

Evidence (Miscellaneous Provisions) Act 1958 - SECT 107A

List of persons who may witness statutory declarations

107A. List of persons who may witness statutory declarations



(1) Any of the following persons may witness the signing of a statutory
declaration-

   (a)  a justice of the peace or a bail justice;

   (b)  a public notary;





   (c)  an Australian lawyer (within the meaning of the
        Legal Profession Act 2004);





   (d)  a clerk to an Australian lawyer;





   (e)  the prothonotary or a deputy prothonotary of the Supreme Court, the
        registrar or a deputy registrar of the County Court, the principal
        registrar of the Magistrates' Court or a registrar or deputy registrar
        of the Magistrates' Court;

   (f)  the registrar of probates or an assistant registrar of probates;

   (g)  the associate to a judge of the Supreme Court or of the County Court;

   (h)  the associate of an Associate Judge of the Supreme Court or of an
        associate judge of the County Court;

        (i)    a person registered as a patent attorney under Chapter 20 of
               the Patents Act 1990 of the Commonwealth;

   (j)  a member of the police force;

   (k)  the sheriff or a deputy sheriff;

   (l)  a member or former member of either House of the Parliament of
        Victoria;

   (m)  a member or former member of either House of the Parliament of the
        Commonwealth;

   (n)  a councillor of a municipality;

   (o)  a senior officer of a Council as defined in the
        Local Government Act 1989;



   (p)  a person registered under the Health Practitioner Regulation National
        Law to practise in the medical profession (other than as a student);





   (q)  a person registered under the Health Practitioner Regulation National
        Law-

   (i)  to practise in the dental profession as a dentist (other than as a
        student); and

   (ii) in the dentists division of that profession;



   (r)  a veterinary practitioner;





   (s)  a person registered under the Health Practitioner Regulation National
        Law to practise in the pharmacy profession (other than as a student);

   (t)  a principal in the teaching service;

   (u)  the manager of an authorised deposit-taking institution;





        (v)    a member of the Institute of Chartered Accountants in Australia
               or the Australian Society of Accountants or the Institute of
               Public Accountants;

   (w)  the secretary of a building society;

        (x)    a minister of religion authorised to celebrate marriages;

   (y)  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 or who holds office in a statutory authority with
        such a classification;





   (z)  a fellow of the Institute of Legal Executives (Victoria).

(2) Despite anything to the contrary in any Act, a person referred to in
paragraph (c) or (d) of subsection (1) is not prevented from witnessing the
signing of a statutory declaration only because he or she is-

   (a)  acting for any of the parties to the proceeding or matter in respect
        of which the declaration is made; or



   (b)  a clerk to a person so acting.





(3) If the signing of a statutory declaration purports to have been witnessed
by a person referred to in subsection (1), all persons to whom that
declaration comes must take official notice of that declaration and of the
qualifications of the person referred to in that subsection to witness that
signing.