OATHS ACT 1900 (NSW)
Identification of person making statutory declaration or affidavit
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
(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.