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Statutory declarations

A statutory declaration is a legal document under the Oaths Act 1936 that is a statement in which the person formally declares, before an authorised person, that the statement is true.

The Oaths Act 1936 provides that persons authorised by law can take a statutory declaration. The following are authorised persons:

  • Justices of the Peace (must clearly print their full name, ID number and the words: "A Justice of the Peace for South Australia" underneath their name)
  • Proclaimed Manager (bank, building society, credit union) Please note that this office will cease to exist as of 31 December 2006.
  • Proclaimed Police Officer
  • Commissioner for taking affidavits (members of the judiciary such as Judges, and Magistrates and recognised legal practitioners);

The Oaths Act 1936 provides a maximum penalty of 4 years imprisonment for any person who knowingly makes a statutory declaration which is untrue in any regard.

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Expiation notice statutory declaration

A witnessed statutory declaration is required when appealing an expiation and should be submitted on the required form.

For further information, go to Expiation notices.

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