From 30 April 2012 new laws apply to NSW Statutory Declaration forms. All forms used on or after this date must satisfy the new certification requirements. An authorised witness (usually a Justice of the Peace or a lawyer) is required to certify on a NSW Statutory Declaration that he/she (a) saw the face of the person making the declaration, and (b) confirmed the person’s identity.
The Oaths Regulation 2011 sets out a form of words that will satisfy the new certification requirement. The sample (see downloadable link below) is an example of how the new wording may be incorporated into a NSW Statutory Declaration form.
Penalties will apply under the Oaths Act 1900 to authorised witnesses who, on or after 30 April 2012, take a statutory declaration without complying with the new certification requirements.
NANA advises all Newsagents who sell the Statutory Declaration forms to order/make available fresh stock before 30 April 2012 and ensure the stock contains new wording set out by the Oaths Regulations 2011.
NANA has also received confirmation from the NSW Attorney-General & Justice Department that "statutory declarations may be reproduced without infringing Crown copyright. As such Newsagents can download, distribute and charge for these forms provided that they are priced only to recover their costs. The Department is unable to determine those costs and [it] is up to the Newsagency to ascertain the costs involved in downloading and printing the forms."