Document ID: chunk:federal_register_of_legislation:C2025C00167:section:262
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 262
Character Range: 789300–790947

262  Swearing of affidavits
 (1) An affidavit to be used for the purposes of this Act 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 a Court having jurisdiction under this Act, an Official Receiver, a justice of the peace, a commissioner for affidavits or a commissioner for declarations.
 (2) An affidavit to be used for the purposes of this Act may be sworn at a place outside the Commonwealth and the Territories before:
 (aa) a Commissioner of the High Court authorized to administer oaths in that place for the purposes of the High Court;
 (a) a commissioner of the Supreme Court of a State or Territory for taking affidavits empowered and authorized to act in that place;
 (b) an Australian Diplomatic Officer or an Australian Consular Officer, as defined by the Consular Fees Act 1955, exercising his or her function in that place;
 (ba) an employee of the Commonwealth who is:
 (i) authorised under paragraph 3(c) of the Consular Fees Act 1955; and
 (ii) exercising his or her function in that place;
 (bb) an employee of the Australian Trade and Investment Commission who is:
 (i) authorised under paragraph 3(d) of the Consular Fees Act 1955; and
 (ii) exercising his or her function in that place;
 (c) a notary public exercising his or her function in that place; or
 (d) a person qualified to administer an oath in that place, being a person certified by a person mentioned in any of paragraphs (aa) to (c), or by the superior court of that place, to be so qualified.

Part XIV—Offences