SCHEDULE 2. LIST OF SUITABLE WITNESSES to the APPLICATION AND DECLARATION OATHS, AFFIDAVITS AND STATUTORY DECLARATIONS ACT 2005
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1 SCHEDULE 2 LIST OF SUITABLE WITNESSES to the APPLICATION AND DECLARATION OATHS, AFFIDAVITS AND STATUTORY DECLARATIONS ACT 2005 The Application and Declaration must be made before any of the following persons: 1. A member of the academic staff of an institution established under any of the following Acts Curtin University of Technology Act 1966; Edith Cowan University Act 1984; Murdoch University Act 1973; University of Notre Dame Australia Act 1989; University of Western Australia Act 1911; Vocational Education and Training Act A member of any of the following bodies Association of Taxation and Management Accountants (ACN ); CPA Australia (ACN ); The Institute of Chartered Accountants in Australia (ARBN ); Institute of Public Accountants (ACN ); National Tax & Accountants Association Limited (ACN ). 3. A person who is registered under the Architects Act An Australian Consular Officer within the meaning of the Consular Fees Act 1955 of the 5. An Australian Diplomatic Officer within the meaning of the Consular Fees Act 1955 of the 6. A bailiff appointed under the Civil Judgments Enforcement Act A person appointed to be in charge of the head office or any branch office of an authorised deposit-taking institution carrying on business in the State under the Banking Act 1959 of the 8. A member of Chartered Secretaries Australia Limited (ACN ). 9. A person who is registered under the Health Australia) in the pharmacy profession. 10. A person who is registered under the Health Australia) in the chiropractic profession. 11. A person registered as an auditor or a liquidator under the Corporations Act 2001 of the 12. A judge, master, magistrate, registrar or clerk, or the chief executive officer, of any court of the State or the Academic (post-secondary institution) Accountant Architect Australian Consular Officer Australian Diplomatic Officer Bailiff Bank manager Chartered secretary Chemist Chiropractor Company auditor or liquidator Court officer 7
2 13. A member of the Australian Defence Force who is an officer within the meaning of the Defence Force Discipline Act 1982 of the Commonwealth; a non-commissioned officer within the meaning of that Act with 5 or more years of continuous service; or a warrant officer within the meaning of that Act. 14. A person registered under the Health Practitioner dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law. 15. A person who is registered under the Health Australia) in the medical profession. 15A. A person appointed under the Parliamentary and Electorate Staff (Employment) Act 1992 section 4(1)(b)(i) or (2)(b)(i) 16. A member of the Institution of Engineers, Australia, other than at the grade of student. 17. The secretary of an organisation of employees or employers that is registered under one of the following Acts Industrial Relations Act 1979; Workplace Relations Act 1996 of the 18. A member of the National Insurance Brokers Association of Australia (ACN ). Defence force officer Dentist Doctor Electorate officer of a member of State Parliament Engineer Industrial organisation secretary Insurance broker 19. A Justice of the Peace. Justice of the Peace 19A. A person who is a member of the Authority s staff within the meaning given to that term by the Land Information Authority Act 2006 section An Australian lawyer within the meaning of that term in the Legal Profession Act 2008 section The chief executive officer or deputy chief executive officer of a local government. 22. A member of the council of a local government within the meaning of the Local Government Act A member of the Australasian Institute of Chartered Loss Adjusters (ACN ). 24. An authorised celebrant within the meaning of the Marriage Act 1961 of the 25. A member of either House of Parliament of the State or of the 26. A minister of religion registered under Part IV Division 1 of the Marriage Act 1961 of the 27. A person registered under the Health Practitioner nursing and midwifery profession. 28. A person registered under the Health Practitioner optometry profession. 29. A registered patent attorney under the Patents Act 1990 of the Landgate officer Lawyer Local government CEO or deputy CEO Local government councillor Loss adjuster Marriage celebrant Member of Parliament Minister of religion Nurse Optometrist Patent attorney 8
3 30. A person registered under the Health Practitioner physiotherapy profession. 31. A person registered under the Health Practitioner podiatry profession. Physiotherapist Podiatrist 32. A police officer. Police officer 33. The person in charge of an office established by, or conducted by an agent of, Australia Post within the meaning of the Australian Postal Corporation Act 1989 of the 34. A person registered under the Health Practitioner psychology profession. 35. A public notary within the meaning of the Public Notaries Act Post office manager Psychologist Public notary 36. An officer of the Commonwealth public service. Public servant (Commonwealth) 37. A person who is employed under the Public Sector Management Act 1994 Part The holder of a licence under the Real Estate and Business Agents Act The holder of a licence under the Settlement Agents Act The Sheriff of Western Australia and any deputy sheriff appointed by the Sheriff of Western Australia. 41. A licensed surveyor within the meaning of the Licensed Surveyors Act A person employed as a member of the teaching staff within the meaning of the School Education Act 1999 or as a teacher of a non-government school within the meaning of that Act. 43. A member, registrar or clerk, or the chief executive officer, of any tribunal of the State or the 44. A registered veterinary surgeon within the meaning of the Veterinary Surgeons Act Public servant (State) Real estate agent Settlement agent Sheriff or deputy sheriff Surveyor Teacher Tribunal officer Veterinary surgeon 9
4 SCHEDULE 3 INSTRUCTIONS FOR WITNESSES WHO CAN BE A WITNESS TO A STATUTORY DECLARATION AND WHO CAN CERTIFY DOCUMENTS? A list of persons authorised to witness Statutory Declarations and certify identification documents is set out in Schedule 2. HOW DO I WITNESS A STATUTORY DECLARATION? 1. The Applicant making the Statutory Declaration must- (a) sign or personally mark the Statutory Declaration where indicated at the bottom of each page of the Application and on the last page of the Application; (b) sign or initial any alteration, such as an insertion or erasure, that has been made to the Statutory Declaration; (c) In the presence of an authorised witness declare orally (i) that he or she is the person named as the maker of the Statutory Declaration; (ii) that the contents of the Statutory Declaration are true; (iii) that the signature or mark is the Applicants. 2. After the above has been completed, the witness must: (a) sign the Statutory Declaration where indicated at the bottom of each page of the Application and on the last page of the Application where indicated; (b) sign or initial any alteration in the Statutory Declaration that has been signed or initialled by the person making the Statutory Declaration; and (c) clearly write his or her name, signature, qualification as an authorised witness and date. HOW DO I CERTIFY A COPY OF AN ORIGINAL DOCUMENT? 1. Before certifying a document, you must ensure that the copy to be certified is an identical copy of the original. 2. The person certifying the document is stating in their opinion that the document is a true copy, not that the original document is authentic. 10
5 3. The witness must write on each document copy the following: I certify this appears to be a true copy of the document produced to me on (date) Signature Name Qualification as authorised witness 4. If the original is a multiple page document, each page must be checked against the copy to ensure that it is correct. The witness can then proceed as follows: Sign or initial each page; Number each page of the copy as page 1 of 20, page 2 of 20 and so on; Write on the last page as follows: I certify this appears to be a true copy of the document produced to me on (date) Signature Name Qualification as authorised witness 11
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