Justices of the Peace New South Wales
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Identification requirements when witnessing NSW statutory declarations or affidavits


New requirements have been introduced for identifying a person before witnessing his/her NSW statutory declaration or affidavit.

The new requirements will come into effect on 30 April 2012. The Department will contact all current JPs for NSW (by email or by post) to explain the new requirements, well before they become law. Comprehensive information will also be posted on the JP website.

JPs are encouraged to advise the Department of any changes to their email or postal addresses, to ensure they receive advice of the changes.

The new requirements are the result of section 2.6 of Schedule 2 of the Identification Legislation Amendment Act 2011, which will amend the Oaths Act 1900. That amendment relates to new procedures for identifying a person making a statutory declaration or affidavit.

The new requirements are detailed in Part 2 of the Oaths Regulation 2011.

Please note that statutory declarations and affidavits made under Commonwealth law are not affected by this change.

The current procedures for identifying a declarant or deponent are on pages 9 and 16 of A Handbook for JPs in NSW, however those procedures will change when the new requirements come into effect on 30 April 2012.


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Last updated: 31 January 2012