Bankruptcy Act 1966

PART XIII - EVIDENCE  

SECTION 262   SWEARING OF AFFIDAVITS  

262(1)    

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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.

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History

S 262(1) amended by No 154 of 2020, s 3 and Sch 3 item 12(q), by substituting " Territory " for " Territory of the Commonwealth " (wherever occurring), effective 2 August 2021. For application, saving and transitional provisions, see note under section 7(2) of the Act.

S 262(1) amended by No 122 of 1970, s 18; No 44 of 1996, Sch 1, Pt 1(409).

262(2)    

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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)    

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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)    

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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)    

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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)    

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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.

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History

S 262(2) amended by No 154 of 2020, s 3 and Sch 3 item 12(r), by substituting " Territory " for " Territory of the Commonwealth " in para (a), effective 2 August 2021. For application, saving and transitional provisions, see note under section 7(2) of the Act.

S 262(2) amended by No 154 of 2020, s 3 and Sch 3 item 11, by substituting " Territories " for " Territories of the Commonwealth " , effective 2 August 2021. For application, saving and transitional provisions, see note under section 7(2) of the Act.

S 262(2) amended by No 31 of 2016, s 3 and Sch 2 item 11, by inserting " and Investment " in para (bb), effective 1 May 2016.

S 262(2) amended by No 62 of 2004, s 3 and Sch 1 items 11 and 12, by inserting paras (ba) and (bb) after para (b) and substituting " any of paragraphs (aa) to (c) " for " paragraph (aa), (a), (b) or (c) " in para (d), effective 27 May 2004.

S 262(2) amended by No 122 of 1970, s 18; Act No 12 of 1980, s 153.

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