Bankruptcy Act 1966

PART XIII - EVIDENCE  

SECTION 262   SWEARING OF AFFIDAVITS  

262(1)    

An affidavit to be used for the purposes of this Act may be sworn within the Commonwealth or a Territory before a person authorized to administer oaths for the purposes of the High Court or the Supreme Court of a State or Territory, a Judge of a Court having jurisdiction under this Act, an Official Receiver, a justice of the peace, a commissioner for affidavits or a commissioner for declarations.

262(2)    

An affidavit to be used for the purposes of this Act may be sworn at a place outside the Commonwealth and the Territories before:

(aa)    a Commissioner of the High Court authorized to administer oaths in that place for the purposes of the High Court;

(a)    

a commissioner of the Supreme Court of a State or Territory for taking affidavits empowered and authorized to act in that place;

(b)    an Australian Diplomatic Officer or an Australian Consular Officer, as defined by the Consular Fees Act 1955 , exercising his or her function in that place;

(ba)    

an employee of the Commonwealth who is:

(i) authorised under paragraph 3(c) of the Consular Fees Act 1955 ; and

(ii) exercising his or her function in that place;

(bb)    

an employee of the Australian Trade and Investment Commission who is:

(i) authorised under paragraph 3(d) of the Consular Fees Act 1955 ; and

(ii) exercising his or her function in that place;

(c)    a notary public exercising his or her function in that place; or

(d)    

a person qualified to administer an oath in that place, being a person certified by a person mentioned in any of paragraphs (aa) to (c) , or by the superior court of that place, to be so qualified.