Victorian Consolidated Legislation

Evidence (Miscellaneous Provisions) Act 1958 - SECT 123C

Affidavits in Victoria how sworn and taken

123C. Affidavits in Victoria how sworn and taken



(1) Affidavits for use in any court or for any purpose or in any way
whatsoever authorized by law whether by or under any Act of Parliament or by
custom or otherwise may be sworn and taken within Victoria before-

   (a)  any judge or the associate to any judge;





   (b)  an Associate Judge of the Supreme Court or the associate to such
        Associate Judge;









   (ba) an associate judge of the County Court or the associate to such
        associate judge;



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





   (d)  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;

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



   (db) a senior member or ordinary member of the Victorian Civil and
        Administrative Tribunal who, immediately before the commencement of
        section 8.2.1 of the Legal Profession Act 2004, was the registrar or a
        deputy registrar of the Legal Profession Tribunal;



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



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



   (f)  a public notary;





   (g)  a legal practitioner;









   (ga) a member of the police force of or above the rank of sergeant or for
        the time being in charge of a police station;



   (gb) 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;







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





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





   (ge) a fellow of the Institute of Legal Executives (Victoria);





   (h)  any officer or person empowered authorized or permitted by or under
        any Act of Parliament to take affidavits in relation to the matter in
        question or in the particular part of Victoria in which the affidavit
        is sworn and taken.





(2) All courts and persons acting judicially shall take judicial and official
notice of the seal or signature of any of the persons referred to in
subsection (1) attached or appended to any affidavit within the meaning of
that subsection.

(3) The person before whom an affidavit is sworn or taken must legibly write,
type or stamp his or her name and address below his or her own signature where
it appears on the affidavit.

Penalty applying to this subsection: 1 penalty unit.

(4) Notwithstanding anything to the contrary in any Act, a legal practitioner
shall not be debarred from taking and receiving any affidavit referred to in
subsection (1) by reason only that the legal practitioner is acting for any of
the parties to the proceedings matter or instrument in respect of which the
affidavit is sworn and taken.

(5) No fees shall be demanded or taken for taking and receiving any affidavit
under this section by any person who is empowered to take and receive such an
affidavit by virtue only of this section.

Penalty: 1 penalty unit.

Division 10-Affidavits in places out of Victoria