Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Unless another
written law provides otherwise, an affidavit for any purpose in this State
must be made in accordance with this section.
(2) The affidavit must
conclude with a statement that says —
(a) it
is sworn or affirmed, as the case requires, by the person making it in the
presence of an authorised witness; and
(b)
where and when it is sworn or affirmed.
(3) The person who is
making the affidavit must —
(a) sign
or personally mark the statement required by subsection (2) and each
other page of the affidavit;
(b) sign
or initial any alteration, such as an insertion or erasure, that has been made
to the affidavit; and
(c) in
the presence of an authorised witness, say orally on oath or orally
affirm —
(i)
that he or she is the person named as the maker of the
affidavit;
(ii)
that the contents of the affidavit are true;
(iii)
that the signature or mark is his or hers; and
(iv)
if necessary, that any attachment to the affidavit is the
attachment referred to in it.
(4) The requirements
of subsection (3)(a) and (b) need not be complied with in the presence of
an authorised witness.
(5) After the maker
has complied with subsection (3)(c), the authorised witness
must —
(a)
under or near the statement required by subsection (2) —
(i)
sign or personally mark the affidavit; and
(ii)
imprint or clearly write his or her name and
qualification as an authorised witness;
(b) sign
or personally mark each other page of the affidavit; and
(c) sign
or initial any alteration in the affidavit that has been signed or initialled
by the maker.
(6) An authorised
witness for an affidavit that is made at a place within Western Australia
is —
(a) a
Justice of the Peace;
(b) an
experienced legal practitioner, unless excluded by subsection (7);
(c) a
public notary within the meaning of the Public Notaries Act 1979 ; or
(d) any
person referred to in section 6(2).
(7) An experienced
legal practitioner who has participated in any way in preparing an affidavit,
or in the proceedings in which an affidavit is intended to be used, is not an
authorised witness for the affidavit.
(8) An authorised
witness for an affidavit that is made at a place outside Western Australia
is —
(a) a
judge of a court of that place, or a magistrate or justice of the peace of or
for that place;
(b) a
notary public;
(c) a
prescribed consular official who is performing official functions at that
place; or
(d) a
person who has authority under the law of that place to administer an oath to
another person.
(9)
Subsections (6), (7) and (8) do not affect any other written
law that expressly provides for an affidavit to be made before a person other
than a person referred to in the subsections.
[Section 9 amended by No. 21 of 2008
s. 684(3) and (4).]