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 of the Commonwealth before a person authorized to administer oaths for the purposes of the High Court or the Supreme Court of a State or Territory of the Commonwealth, 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 of the Commonwealth 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 of the Commonwealth 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.




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