Document ID: chunk:federal_register_of_legislation:C2024C00458:section:63a
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 63A
Character Range: 250190–252299

63A  Proof of life certificate
 (1) For the purposes of this Act, a proof of life certificate that relates to a person is a certificate that:
 (a) is expressed to relate to the person; and
 (b) complies with the requirements of subsections (2), (3), (4), (5) and (6); and
 (c) is in a form approved by the Secretary; and
 (d) contains such other information (if any) as required by the approved form.
 (2) A proof of life certificate that relates to a person must include a statement to the effect that the person is alive.
 (3) The statement mentioned in subsection (2) must be:
 (a) signed and dated by the person; or
 (b) if:
 (i) the approved form allows another person to sign the statement on behalf of the person if one or more specified requirements are met; and
 (ii) those requirements are met;
  signed and dated by the other person.
 (4) A proof of life certificate that relates to a person must include a statement by an authorised certifier to the effect that:
 (a) the authorised certifier has sighted the person while in the physical presence of the person; and
 (b) the authorised certifier has verified the identity of the person using the method, or one of the methods, set out in the approved form; and
 (c) the authorised certifier is satisfied that the person is alive.
 (5) The statement mentioned in subsection (4) must be signed and dated by the authorised certifier.
 (6) Both:
 (a) the statement mentioned in subsection (2); and
 (b) the statement mentioned in subsection (4);
must be signed and dated within a 7‑day period.

Compliance with form
 (7) Section 25C of the Acts Interpretation Act 1901 does not apply to a proof of life certificate.

Authorised certifier
 (8) For the purposes of this section, an authorised certifier is a person included in a class of persons specified in a determination under subsection (9).
 (9) The Secretary may, by legislative instrument, determine one or more classes of persons for the purposes of subsection (8).
 (10) To avoid doubt, it is immaterial whether any or all of the persons included in such a class are in or outside Australia.