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Making a False Statutory Declaration

Making a False Statutory Declaration is an offence under Section 25 of the Oaths Act 1900 which carries a maximum penalty of 5 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You made or subscribed to a statutory declaration
  2. You did so wilfully
  3. The declaration was false in any material respect, and
  4. You knew it was false in that or those respects

A ‘statutory declaration’ is one that is declared pursuant to a power conferred by an Act of Parliament which relates to any public office, department, regulation or revenue.

This applies to all declarations that must legally be authorised by:

  1. A Justice of the Peace
  2. A lawyer, or
  3. A notary public

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