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Western Australia Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Repeals 3. Declarations and Attestations Act 1913 repealed 3 4. Imperial Acts repealed 3 Part 3 -- Constitution Act 1889 amended 5. The Act amended in this Part 4 6. Section 22 amended 4 7. Schedule E replaced 4 Part 4 -- Constitution Acts Amendment Act 1899 amended 8. The Act amended in this Part 5 9. Section 43 amended 5 10 . Section 44A amended 5 11 . Section 45 inserted 6 12 . Schedule VI inserted 6 Part 5 -- Various court Acts amended 13 . Children's Court of Western Australia Act 1988 amended 8 14 . District Court of Western Australia Act 1969 amended 9 15 . Family Court Act 1997 amended 10 255--2B page i Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Contents 16 . Supreme Court Act 1935 amended 11 Part 6 -- The Criminal Code amended 17 . The Criminal Code amended in this Part 13 18 . Section 169 replaced 13 19 . Section 170 replaced 14 Part 7 -- Evidence Act 1906 amended 20 . The Act amended in this Part 15 21 . Section 97 amended 15 22 . Sections 98, 98A, 99 and 100 repealed 15 23 . Section 100A amended 15 24 . Section 102 amended 15 25 . Section 103 amended 16 26 . Section 104 repealed 16 27 . Section 105 inserted 16 28 . Section 106 repealed 16 29 . Section 106B amended 17 30 . Section 106C amended 17 Part 8 -- Interpretation Act 1984 amended 31 . The Act amended in this Part 18 32 . Section 5 amended 18 Part 9 -- Local Government Act 1995 amended 33 . The Act amended in this Part 20 34 . Section 2.29 amended 20 35 . Section 2.32 amended 20 36 . Section 2.42 amended 20 Part 10 -- Various Acts amended 37 . Various Acts amended 21 Schedule 1 -- Amendments to various Acts 22 1. Adoption Act 1994 22 2. Agricultural Practices (Disputes) Act 1995 22 3. Bills of Sale Act 1899 22 page ii Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Contents 4. Companies (Co-operative) Act 1943 22 5. Consumer Affairs Act 1971 23 6. Education Service Providers (Full Fee Overseas Students) Registration Act 1991 23 7. Finance Brokers Control Act 1975 23 8. Juries Act 1957 23 9. Mining Act 1978 23 10 . Petroleum Products Pricing Act 1983 23 11 . Pharmacy Act 1964 24 12 . Public Notaries Act 1979 24 13 . Prisons Act 1981 24 14 . Real Estate and Business Agents Act 1978 24 15 . Settlement Agents Act 1981 24 16 . Transfer of Land Act 1893 25 17 . Travel Agents Act 1985 25 18 . Veterinary Surgeons Act 1960 25 page iii Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail and upon reconsideration) Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 A Bill for An Act to -- • repeal the Declarations and Attestations Act 1913 and various adopted Imperial Acts; and • amend various Acts, as a consequence of the enactment of the Oaths, Affidavits and Statutory Declarations Act 2003, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This Act may be cited as the Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2003. 5 2. Commencement This Act comes into operation on the day on which the Oaths, Affidavits and Statutory Declarations Act 2003 comes into operation. page 2 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Repeals Part 2 s. 3 Part 2 -- Repeals 3. Declarations and Attestations Act 1913 repealed The Declarations and Attestations Act 1913 is repealed. 4. Imperial Acts repealed 5 (1) The following Imperial Acts are repealed in so far as they are part of the law of Western Australia -- (a) 1 & 2 William IV c. 4 [An Act to abolish certain Oaths and Affirmations taken and made in the Customs and Excise Departments of 10 His Majesty's Revenue, and to substitute Declarations in lieu thereof.] [Excise Declarations Act 1831] [Adopted by Imperial Acts Adopting Act 1836]; (b) 3 & 4 William IV c. 49 15 [An Act to allow Quakers and Moravians to make Affirmation in all cases where an Oath is or shall be required.] [Quakers and Moravians Act 1833] [Adopted by Imperial Acts Adopting Act 1844]; 20 (c) 1 & 2 Victoria c. 77 [An Act for permitting Affirmation to be made instead of an Oath in certain Cases.] [Quakers and Moravians Act 1838] [Adopted by Imperial Acts Adopting Act 1844]; 25 (d) 1 & 2 Victoria c. 105 [An Act to remove Doubts as to the Validity of certain Oaths.] [Oaths Act 1838] [Adopted by Imperial Acts Adopting Act 1844]. 30 (2) In respect of each Imperial enactment referred to in subsection (1), the Interpretation Act 1984 Part V applies as if a reference in that Part to the repeal of a written law or to the repeal of an enactment were a reference to the repeal of the Imperial enactment. page 3 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Part 3 Constitution Act 1889 amended s. 5 Part 3 -- Constitution Act 1889 amended 5. The Act amended in this Part The amendments in this Part are to the Constitution Act 1889*. [* Reprinted as at 3 July 2000. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 67.] 6. Section 22 amended Section 22 is amended by deleting "allegiance" and inserting instead -- 10 " office ". 7. Schedule E replaced Schedule E is repealed and the following Schedule is inserted instead -- " 15 Schedule E -- Oath and affirmation of office [s. 22] I, [name], [insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2003] that I will faithfully serve the people of Western Australia as a 20 member of the *Legislative Council/Legislative Assembly. [*Delete the inapplicable.] ". page 4 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Constitution Acts Amendment Act 1899 amended Part 4 s. 8 Part 4 -- Constitution Acts Amendment Act 1899 amended 8. The Act amended in this Part The amendments in this Part are to the Constitution Acts 5 Amendment Act 1899*. [* Reprint 12 as at 3 October 2003.] 9. Section 43 amended After section 43(3) the following subsection is inserted -- " 10 (4) Before a person who accepts such an executive office performs any function of the office, he is to take before the Governor, or some person authorised for the purpose by the Governor, the oath or affirmation set out in Division 1 of Schedule VI. 15 ". 10. Section 44A amended After section 44A(5) the following subsection is inserted -- " (6) Before a person who is appointed to be a Parliamentary 20 Secretary performs any function of the office, he is to take before the Governor, or some person authorised for the purpose by the Governor, the oath or affirmation set out in Division 1 of Schedule VI. ". page 5 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Part 4 Constitution Acts Amendment Act 1899 amended s. 11 11. Section 45 inserted After section 44A the following section is inserted -- " 45. Oath of office for members of Executive Council 5 The form of the oath or affirmation of office for a person who has been appointed to be a member of the Executive Council is that set out in Division 2 of Schedule VI. ". 10 12. Schedule VI inserted After Schedule V the following Schedule is inserted -- " Schedule VI -- Oaths and affirmations of office [s. 43(4), 44A(6) & 45] 15 Division 1 -- Holders of principal executive offices and for Parliamentary Secretaries I, [name], [insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2003] that I will faithfully serve the people of Western Australia in the 20 office of [title of office]. Division 2 -- Members of the Executive Council I, [name], [insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2003] -- that I will faithfully serve the people of Western 25 Australia as a member of the Executive Council; that as and when required to do so I will freely give my advice as such a member to the Governor, or the person performing the functions of the Governor, for the good management of the public affairs of 30 Western Australia; page 6 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Constitution Acts Amendment Act 1899 amended Part 4 s. 12 and that I will not, directly or indirectly, reveal any matters that come before the Council and that I am required by the Council to keep secret. ". page 7 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Part 5 Various court Acts amended s. 13 Part 5 -- Various court Acts amended 13. Children's Court of Western Australia Act 1988 amended (1) The amendments in this section are to the Children's Court of Western Australia Act 1988*. 5 [* Reprinted as at 25 August 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 54.] (2) Section 12(1) is repealed and the following subsection is inserted instead -- 10 " (1) Before a person who is appointed to be a Judge, or a magistrate, of the Court performs any function of the office, he or she shall take before the Governor, a Supreme Court Judge, or some person authorised for 15 the purpose by the Governor, an oath or affirmation in the form set out in Schedule 1. ". (3) Section 12(1a)(a) is amended by deleting "allegiance and a judicial oath or affirmation" and inserting instead -- 20 " office in respect of that office of judge ". (4) Section 18(2) is repealed. (5) Schedule 1 is repealed and the following schedule is inserted instead -- " 25 Schedule 1 -- Oath and affirmation of office [s. 12(1)] I, [name], [insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2003] that I will faithfully serve the people and the State of Western 30 Australia in the office of [title of office] of the Children's Court of Western Australia and I will do right to all manner page 8 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Various court Acts amended Part 5 s. 14 of people, according to law, without fear or favour, affection or ill will. ". 14. District Court of Western Australia Act 1969 amended 5 (1) The amendments in this section are to the District Court of Western Australia Act 1969*. [* Reprinted as at 19 January 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 108 and 10 Act No. 28 of 2003.] (2) Section 11(2) is repealed and the following subsection is inserted instead -- " (2) Before a person who is appointed to be a District Court 15 Judge, an acting District Court Judge, an auxiliary District Court Judge, or a commissioner of the Court, performs any function of the office, he or she shall take before the Governor, a Supreme Court Judge, or some person authorised for the purpose by the Governor, an 20 oath or affirmation in the form set out in Schedule 1. ". (3) Section 27(2) is repealed. (4) Section 27(3) is amended by deleting "Sections 174, 176 and 177" and inserting instead -- 25 " Section 174 ". page 9 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Part 5 Various court Acts amended s. 15 (5) The Schedule is repealed and the following schedule is inserted instead -- " Schedule 1 -- Oath and affirmation of office 5 [s. 11(2)] I, [name], [insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2003] that I will faithfully serve the people and the State of Western Australia in the office of [title of office] of the District Court 10 of Western Australia and I will do right to all manner of people, according to law, without fear or favour, affection or ill will. ". 15. Family Court Act 1997 amended 15 (1) The amendments in this section are to the Family Court Act 1997*. [* Reprint 1 as at 15 August 2003.] (2) Section 13 is repealed and the following section is inserted instead -- 20 " 13. Oath of office Before a person who is appointed to be a Judge performs any function of the office, he or she shall take before the Governor, a Supreme Court Judge, or some 25 person authorised for the purpose by the Governor, an oath or affirmation in the form set out in Schedule 1. ". (3) Section 22(4) is repealed and the following subsection is inserted instead -- 30 " (4) Before a person who is appointed to be an acting Judge performs any function of the office, he or she shall take page 10 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Various court Acts amended Part 5 s. 16 before the Governor, a Supreme Court Judge, or some person authorised for the purpose by the Governor to do so, an oath or affirmation in the form set out in Schedule 1. 5 ". (4) Schedule 1 is repealed and the following schedule is inserted instead -- " Schedule 1 -- Oath and affirmation of office 10 [s. 13 & 22(4)] I, [name], [insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2003] that I will faithfully serve the people and the State of Western Australia in the office of [title of office] of the Family Court 15 of Western Australia and I will do right to all manner of people, according to law, without fear or favour, affection or ill will. ". 16. Supreme Court Act 1935 amended 20 (1) The amendments in this section are to the Supreme Court Act 1935*. [* Reprinted as at 9 February 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 385 and 25 Acts Nos. 20 and 28 of 2003 .] (2) Section 4 is amended by deleting the definition of "Oath". (3) Section 9(2) is repealed. (4) Section 11(1a) is repealed. (5) Section 11AA(4) is amended as follows: 30 (a) by inserting after paragraph (a) -- " and "; page 11 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Part 5 Various court Acts amended s. 16 (b) by deleting paragraph (b) and "and" after it. (6) Section 11A(4) is repealed. (7) After section 12 the following section is inserted -- " 5 13. Oath of office Before a person who is appointed to be a Judge, an acting Judge, an auxiliary Judge, a Master, an acting Master, or a commissioner, of the Court, performs any function of the office, he or she shall take before the 10 Governor, or some person authorised for the purpose by the Governor, an oath or affirmation in the form set out in the Second Schedule. ". (8) Section 49(1a) is repealed. 15 (9) Sections 175, 176 and 177 are repealed. (10) The Second Schedule is repealed and the following schedule is inserted instead -- " Second Schedule -- Oath and affirmation of office 20 [s. 13] I, [name], [insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2003] that I will faithfully serve the people and the State of Western Australia in the office of [title of office] of the Supreme 25 Court of Western Australia and I will do right to all manner of people, according to law, without fear or favour, affection or ill will. ". page 12 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 The Criminal Code amended Part 6 s. 17 Part 6 -- The Criminal Code amended 17. The Criminal Code amended in this Part The amendments in this Part are to The Criminal Code*. [* Reprint 10 as at 7 February 2003 (see the Schedule to the 5 Criminal Code Act 1913 appearing as Appendix B to the Criminal Code Compilation Act 1913). For subsequent amendments see Acts Nos. 23, 28 and 30 of 2003.] 18. Section 169 replaced 10 Section 169 is repealed and the following section is inserted instead -- " 169. False affidavits and statutory declarations (1) Any person who knowingly makes a statement that is 15 false in a material particular in an affidavit that is made on oath or under any other sanction authorised by law is guilty of a crime and is liable to imprisonment for 7 years. Summary conviction penalty: Imprisonment for 3 years 20 or a fine of $12 000. (2) Any person who knowingly makes a statement that is false in a material particular in a statutory declaration is guilty of a crime and is liable to imprisonment for 5 years. 25 Summary conviction penalty: Imprisonment for 2 years or a fine of $8 000. ". page 13 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Part 6 The Criminal Code amended s. 19 19. Section 170 replaced Section 170 is repealed and the following section is inserted instead -- " 5 170. False information to officials etc. (1) Any person who, being required under a written law to give information, whether orally or in writing, to another person, knowingly gives information to the other person that is false in a material particular is 10 guilty of a crime and is liable to imprisonment for 3 years. Summary conviction penalty: Imprisonment for 18 months or a fine of $6 000. (2) Subsection (1) does not apply if the person is required 15 to give the information on oath or in a statutory declaration. ". page 14 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Evidence Act 1906 amended Part 7 s. 20 Part 7 -- Evidence Act 1906 amended 20. The Act amended in this Part The amendments in this Part are to the Evidence Act 1906*. [* Reprint 12 as at 10 October 2003.] 5 21. Section 97 amended Section 97(3) and (4) are repealed and the following subsection is inserted instead -- " (3) The form of oath for a witness is as follows -- 10 [insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2003] that the evidence I will give in this case will be the truth, the whole truth and nothing but the truth. ". 15 22. Sections 98, 98A, 99 and 100 repealed Sections 98, 98A, 99 and 100 are repealed. 23. Section 100A amended (1) Section 100A(1) is amended by deleting "solemn". (2) Section 100A(2) is amended by deleting "solemn" in the 20 2 places where it occurs. 24. Section 102 amended (1) Section 102(1) is repealed and the following subsection is inserted instead -- " 25 (1) If a person is called to act as an interpreter in any court, or before any person acting judicially, and that person, had he or she been tendered as a witness, would have page 15 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Part 7 Evidence Act 1906 amended s. 25 been required to take an oath or make an affirmation, he or she shall be required to take an oath or affirmation as follows -- I [insert an oath or affirmation according to the Oaths, 5 Affidavits and Statutory Declarations Act 2003] that I will well and truly translate any evidence that I am asked to translate in this case. ". (2) Section 102(2) is amended by deleting "or made a solemn 10 affirmation or declaration" and insert instead -- " or made an affirmation ". 25. Section 103 amended Section 103(1) is amended by deleting "a solemn" and inserting instead -- 15 " an ". 26. Section 104 repealed Section 104 is repealed. 27. Section 105 inserted After section 104A the following section is inserted -- 20 " 105. Oaths, Affidavits and Statutory Declarations Act 2003, application of This Act does not limit the operation of the Oaths, Affidavits and Statutory Declarations Act 2003 and in 25 particular Part 2 of that Act. ". 28. Section 106 repealed Section 106 is repealed. page 16 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Evidence Act 1906 amended Part 7 s. 29 29. Section 106B amended (1) Section 106B(1) is amended by deleting "under section 97(3) or after making a solemn affirmation under section 97(4)" and inserting instead -- 5 " or after making an affirmation ". (2) Section 106B(2) is amended by deleting "a solemn" and inserting instead -- " an ". 30. Section 106C amended 10 Section 106C is amended by deleting "a solemn" and inserting instead -- " an ". page 17 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Part 8 Interpretation Act 1984 amended s. 31 Part 8 -- Interpretation Act 1984 amended 31. The Act amended in this Part The amendments in this Part are to the Interpretation Act 1984*. [* Reprinted as at 1 January 1999. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 186 and Act No. 45 of 2002.] 32. Section 5 amended Section 5 is amended as follows: 10 (a) by deleting the definition of "affidavit" and inserting instead -- " "affidavit" means an affidavit made in accordance with the Oaths, Affidavits and Statutory 15 Declarations Act 2003 or made before the commencement of that Act in accordance with law; "; (b) by deleting the definition of "oath" and inserting 20 instead -- " "oath" means an oath or affirmation taken or made in accordance with the Oaths, Affidavits and Statutory Declarations Act 2003 or taken or made 25 before the commencement of that Act in accordance with law; "; page 18 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Interpretation Act 1984 Part 8 s. 32 (c) by deleting the definition of "statutory declaration" and inserting instead -- " "statutory declaration" means a statutory declaration 5 made in accordance with the Oaths, Affidavits and Statutory Declarations Act 2003 or made before the commencement of that Act in accordance with law; "; 10 (d) by deleting the definition of "swear" and inserting instead -- " "swear" includes to affirm; ". page 19 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Part 9 Local Government Act 1995 amended s. 33 Part 9 -- Local Government Act 1995 amended 33. The Act amended in this Part The amendments in this Part are to the Local Government Act 1995*. 5 [* Reprinted as at 18 February 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 223 and Acts Nos. 20, 21 and 28 of 2003.] 34. Section 2.29 amended 10 (1) Section 2.29(1) is amended by deleting "take an oath or affirmation of allegiance and". (2) Section 2.29(3) is amended by deleting "An oath, affirmation or declaration" and inserting instead -- " A declaration ". 15 35. Section 2.32 amended Section 2.32(c) is amended by deleting "take the oath or affirmation, and make the declaration," and inserting instead -- " make the declaration ". 36. Section 2.42 amended 20 Section 2.42(1) is amended by deleting "taken an oath or affirmation of allegiance and". page 20 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Various Acts amended Part 10 s. 37 Part 10 -- Various Acts amended 37. Various Acts amended Each Act listed in Schedule 1 is amended as set out in that Schedule below the short title of the Act. page 21 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Schedule 1 Amendments to various Acts Schedule 1 -- Amendments to various Acts [s. 37] 1. Adoption Act 1994 Sch. 1 cl. 2(1)(j) Delete the paragraph and insert instead -- " (j) any person before whom a person may make a statutory declaration under the Oaths, Affidavits and Statutory Declarations Act 2003 or under the Statutory Declarations Act 1959 of the Commonwealth; ". 2. Agricultural Practices (Disputes) Act 1995 Sch. 1 cl. 7(7)(c) Delete ", affirmation or declaration required" and insert instead -- " or affirmation required ". 5 3. Bills of Sale Act 1899 s. 8(1) Delete "misdemeanour, and shall be punishable as if he were guilty of an offence under section 170 of The Criminal Code." and insert instead -- " crime and be liable to imprisonment for 5 years. Summary conviction penalty: Imprisonment for 2 years or a fine of $8 000. ". s. 9 Repeal the section. 4. Companies (Co-operative) Act 1943 s. 432 Delete "commissioner for taking affidavits in the Supreme Court or commissioner for declarations" and insert instead -- " any person who may witness a statutory declaration ". page 22 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Amendments to various Acts Schedule 1 5. Consumer Affairs Act 1971 s. 19(1a)(c)(iv) Delete "have the authority of a commissioner for declarations" and insert instead -- " may witness a statutory declaration ". 6. Education Service Providers (Full Fee Overseas Students) Registration Act 1991 s. 32(2)(c)(iv) Delete "have the authority of a commissioner for declarations" and insert instead -- " may witness a statutory declaration ". 7. Finance Brokers Control Act 1975 s. 15(2)(c)(iv) Delete "have the authority of a commissioner for declarations" and insert instead -- " may witness a statutory declaration ". 5 8. Juries Act 1957 s. 56(2) Delete "sworn before a commissioner for affidavits or a Justice of the Peace and". 9. Mining Act 1978 s. 144(a) Delete the paragraph and insert instead -- " (a) any person who, under the Oaths, Affidavits and Statutory Declarations Act 2003, is an authorised witness for an affidavit; ". s. 144(c) After the paragraph insert -- " or ". s. 144(d) Delete the paragraph and "or" after it. 10. Petroleum Products Pricing Act 1983 s. 23(1)(b)(iii) Delete "has the authority of a Commissioner for Declarations" and insert instead -- " may witness a statutory declaration ". page 23 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Schedule 1 Amendments to various Acts 11. Pharmacy Act 1964 s. 17(3) Delete ", or take a solemn declaration from,". 12. Public Notaries Act 1979 s. 13 Delete "some Commissioner duly appointed to take affidavits therein" and insert instead -- " a person prescribed for the purpose by rules made under section 17 ". 13. Prisons Act 1981 s. 9(3)(b)(ii) Delete "has the authority of a commissioner for declarations" and insert instead -- " may witness a statutory declaration ". 14. Real Estate and Business Agents Act 1978 s. 15(2)(c)(iv) Delete "have the authority of a commissioner for declarations" and insert instead -- " may witness a statutory declaration ". 5 15. Settlement Agents Act 1981 s. 15(2)(c)(iv) Delete "have the authority of a commissioner for declarations" and insert instead -- " may witness a statutory declaration ". page 24 Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2003 Amendments to various Acts Schedule 1 16. Transfer of Land Act 1893 Second Schedule In each Schedule, delete "(The applicant if within the State Fourth Schedule to sign before the Registrar or an Assistant Registrar or a Twenty-eighth notary public, justice of the peace, commissioner for taking Schedule affidavits in the Supreme Court of Western Australia or legal practitioner; if out of the State, before a notary public, justice of the peace, or a commissioner for taking affidavits in the Supreme Court of Western Australia)." and insert instead -- " [The applicant, if in the State, to sign before the Registrar, an Assistant Registrar or any person who, under the Oaths, Affidavits and Statutory Declarations Act 2003, is an authorised witness for an affidavit made in the State; if out of the State, to sign before any person who, under that Act, is an authorised witness for an affidavit made out of the State.] ". 17. Travel Agents Act 1985 s. 43(2)(c)(iv) Delete "has the authority of a commissioner for declarations" and insert instead -- " may witness a statutory declaration ". 18. Veterinary Surgeons Act 1960 s. 16B(2)(c)(iv) Delete "have the authority of a commissioner for declarations" and insert instead -- " may witness a statutory declaration ".
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