The Statutory Declarations Amendment Bill 2023 (Cth) has been passed by the House of Representatives and referred to the Senate Legal and Constitutional Affairs Legislation Committee.

If passed, a Commonwealth statutory declaration would be able to be executed in any one of the following ways:

  • traditional paper-based execution, requiring wet-ink signatures and in person witnessing
  • electronic execution, through the application of an electronic signature and witnessing via an

    audio-visual communication link
  • digital execution through the use of a prescribed online platform (such as myGov) that verifies the identity of the declarant through a prescribed digital identity service provider.

The new digital option would require the use of a prescribed form, signed by the declarant but would not require the declaration to be witnessed.

The changes would apply from 1 January 2024 or the day after Assent is given (whichever is the later).

It makes permanent a change introduced during the COVID-19 pandemic which permitted electronic execution of statutory declarations until 31 December 2023.

The Commonwealth, states and territories all have different statutory declarations requirements.

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David Jacobson

Author: David Jacobson

Principal, Bright Corporate Law

Email: djacobson@brightlaw.com.au

About David Jacobson

The information contained in this article is not legal advice. It is not to be relied upon as a full statement of the law. You should seek professional advice for your specific needs and circumstances before acting or relying on any of the content.

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