Commonwealth Numbered Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 No. 156 of 1976 - SECT 45

45. (1) An affidavit to be used in a proceeding in the Court may be sworn
within the Commonwealth or a Territory before a person authorized to
administer oaths for the purposes of the High Court or the Supreme Court of a
State or Territory, a Judge of the Court, the Registrar or a Deputy Registrar,
a justice of the peace, a commissioner for affidavits or a commissioner for
declarations.

(2) An affidavit to be used in a proceeding in the Court may be sworn at a
place outside the Commonwealth and the Territories before-

   (a)  a Commissioner of the High Court authorized to administer oaths in
        that place for the purposes of the High Court;

   (b)  a commissioner of the Supreme Court of a State or Territory for taking
        affidavits empowered and authorized to act in that place;

   (c)  an Australian Diplomatic Officer or an Australian Consular Officer, as
        defined by the Consular Fees Act 1955, exercising his function in that
        place;

   (d)  a notary public exercising his function in that place; or

   (e)  a person qualified to administer an oath in that place, being a person
        certified by the person mentioned in any of paragraphs (b), (c) and
        (d), or by the superior court of that place to be so qualified.

(3) An affidavit sworn outside the Commonwealth and the Territories otherwise
than before a person referred to in sub-section (2) may be used in a
proceeding in the Court in circumstances provided by the Rules of Court.