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Section 34 Oaths Act 1900
Certifying Declaration Without Identifying Maker

Section 34 of the Oaths Act 1900 (NSW) is the criminal offence of Certifying Declaration Without Identifying Maker and is extracted below.

For accurate advice and outstanding representation for Certifying Declaration Without Identifying Maker, call Sydney Criminal Lawyers® today on (02) 9261 8881 for a free first appointment with an experienced defence lawyer.

The Legislation

34 Identification of person making statutory declaration or affidavit

(1) A person who takes and receives a statutory declaration or affidavit in this State (an “authorised witness”):
(a) must see the face of the person making the declaration or affidavit, and
(b) must know the person who makes the declaration or affidavit or confirm the person’s identity in accordance with the regulations, and
(c) must certify on the declaration or affidavit in accordance with the regulations that this section has been complied with.
Maximum penalty (on summary conviction before the Local Court): 2 penalty units.

(2) An authorised witness may request a person who is seeking to make a statutory declaration or affidavit to remove so much of any face covering worn by the person as prevents the authorised witness from seeing the person’s face.

(3) The regulations may make provision for or with respect to compliance with this section and, in particular, may:
(a) provide that a person is not known to an authorised witness unless the authorised witness has known the person for a minimum specified period, and
(b) provide for the steps that will satisfy the requirement to confirm the identity of a person making a statutory declaration or affidavit (including prescribing the kinds of documentation that may or must be relied on for that purpose), and
(c) exempt an authorised witness from the requirement to comply with subsection (1) (a) for medical or other reasons.

(4) A failure to comply with this section does not affect the validity of any statutory declaration or affidavit.

(5) In this section:”face” and “face covering” have the same meanings as they have in the Law Enforcement (Powers and Responsibilities) Act 2002.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

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