A statutory declaration is a legal document defined under the law of certain
Commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
nations and in the United States. It is similar to a statement made under
oath
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to ...
, but it is not sworn.
Statutory declarations are commonly used to allow a person to declare something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. They are thus similar to
affidavit
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statemen ...
s, which, however, are made on oath.
Depending on jurisdiction, statutory declarations can be used for:
*Declarations of identity, nationality, marital status, etc. when documentary evidence is unavailable.
*Declaring the intention to
change one's name.
*Affirming the provenance and nature of goods for export or import.
*Statements of originality for
patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A p ...
applications.
Australia
Australian law
The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are substa ...
defines a statutory declaration as a written statement declared to be true in the presence of an authorised witness. The ''Statutory Declarations Act 1959'' governs the use of statutory declarations in matters involving the law of the
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
n Commonwealth,
Australian Capital Territory
The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding townships. ...
, and other territories but not including the
Northern Territory
The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an states and territories of Australia, Australian territory in the central and central northern regions of Australia. The Northern Territory ...
.
Any person within the
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
of this law may make a statutory declaration in relation to any matter. The declaration may be used in connection with matters of law, including judicial proceedings, but what weight is given to the declaration is a matter for the
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
to decide.
Statutory declarations must be made in a prescribed form and witnessed by a person as specified in the ''Statutory Declarations Regulations (1993)''. Prescribed witnesses include legal and medical practitioners,
justices of the peace
A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
,
notaries public, police officers, military officers, registered members of certain professional organisations (e.g. National Tax Accountant's Association or Engineers Australia), and certain other Commonwealth employees.
Intentionally making a false statement as a statutory declaration is a crime equivalent to
perjury
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...
, and punishable by fines and/or a prison sentence of up to four years.
The
states and territories of Australia
The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing p ...
each have their own laws regarding statutory declarations.
Canada
In Canadian jurisdictions, statutory declarations are statements of facts written down and attested to by the declarant before individuals who are authorized to administer
oath
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to ...
s except that they are normally used outside of court settings. They have the same effect in law as a sworn statement or affidavit. In federal proceedings, the form is governed by the ''
Canada Evidence Act
The ''Canada Evidence Act'' (french: Loi sur la preuve au Canada) is an act of the Parliament of Canada, first passed in 1893, that regulates the rules of evidence in court proceedings under federal law. As law of evidence is largely set by comm ...
''. Similar provision is made by the various provinces for use in proceedings within their respective jurisdictions.
A person who makes a false declaration can be charged with
perjury
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...
under the
Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
.
United States
Although the terminology statutory declaration is not used frequently in the United States, unsworn declarations may invoke a statute that makes such a declaration the functional equivalent of a sworn affidavit.
United Kingdom
Statutory declarations can be used as a method of legally
changing one's name. They may be used by UK financial institutions to enable an asset of a relatively small value (usually less than £15,000) to be transferred to the executors of a will or other persons legally entitled to deal with or benefit from the estate of a person who has died.
England and Wales
Under the Statutory Declarations Act 1835, a declaration can be made before anyone who is authorised by law to hear it (for example, a solicitor or legal executive), or before any
justice of the peace
A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
. In addition, officers of the armed services with the equivalent rank of major and above, and British diplomatic and consular officers in post abroad, may authenticate a statutory declaration.
The person who hears the declaration need not enquire into the truth of it. That person's function is limited to hearing the declaration, and certifying that he or she has done so by signing it. If the declaration turns out to be untrue, the defendant making it may be punished for perjury.
The form of the statutory declaration is prescribed in the schedule to the Act:
"I (full name), do solemnly and sincerely declare that the contents of this declaration are true. And I make this declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835."
A standard form is used for a statutory declaration; one copy will be given to the applicant and the other is held on file.
Statutory Declaration Form
as laid down by the Magistrates' Courts Act 1980
The Magistrates' Courts Act 1980 (c. 43) is an Act of the Parliament of the United Kingdom. It is a consolidation Act.The Public General Acts and General Synod Measures 1980. HMSO. London. . Part IV. Pages ''i'', ''j'' and i. It codifies the p ...
, section 14 and ''Criminal Procedure Rules'', rule 37.11.
See also
* Affidavit
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statemen ...
* Sworn declaration
References
{{reflist
External links
Statutory Declarations – Australian Attorney-General's Department
Statutory Declarations Act 1959 (Australia)
Statutory Declarations Regulations 1993 (Australia)
Law of Australia
Evidence law
Legal documents
Oaths
Notary