Can a non Australian citizen make a statutory declaration?

If you are not an Australian citizen or permanent resident and you reside outside Australia, your statement cannot be considered a statutory declaration under Australian law, even if it is made using this form or the template provided by the Attorney-General’s Department.

What happens if you lie in a stat dec?

If you make a false statement in a statutory declaration on purpose, you can be charged with a criminal offence. You could be imprisoned for up to 4 years.

Does a stat dec need to be sworn?

A statutory declaration is a formal statement made in a prescribed way affirming that something is true to the best knowledge of the Declarant, being the person making the declaration. The statutory declaration will need to be signed in the presence of a solicitor, commissioner for oaths or notary public.

Who can witness an affidavit in Australia?

Before signing the affidavit you need to make sure you have a qualified witness present. The qualified witness is either a Justice of the Peace, Commissioner for Declarations or a lawyer.

Can a family member witness a signature?

There is no general rule that says a family member or spouse cannot witness a person’s signature on a legal document, as long as you are not a party to the agreement or will benefit from it in some way.

Can legal actions be taken against JP?

A person who suffers loss or damage because a JP did not take reasonable care may have cause to take legal action against the JP.

What is the penalty for perjury in Australia?

10 years in prison
Perjury is an offence under Section 327 of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison. To establish the offence, the prosecution must prove beyond reasonable doubt that: You made a false statement under oath or affirmation.

What happens after a statutory declaration?

The Court notifies the Crown Prosecution Service that the Statutory Declaration has been made and the vast majority of the time the Crown Prosecution Service will lay in fresh information for the original offence and the proceedings will start over again.

Who can swear a stat dec?

For the declaration to be valid it must have been witnessed and signed by one of the following: A solicitor. A Commissioner for Oaths – a person authorised to verify legal documents, like statutory declarations, by the Chief Justice.

How do I complete a statutory declaration in Australia?

Commonwealth of Australia STATUTORY DECLARATION Statutory Declarations Act 1959

  1. Insert the name, address and occupation of person making the declaration (required)
  2. Set out matter declared to in numbered paragraphs (required)
  3. Signature of person making the declaration (required)

Can migration agents witness statutory declarations?

Although Migration Agents are authorised to witness Statutory Declarations, we may request you organise for an independent person witness your statement. Statutory Declarations are required for all Partner 820/801 applications and are often used to support claims of good character in other visa applications.