The Comptroller-General of Customs has asked for advice as to whether the persons mentioned in section 2 of the Declarations and Attestations Act 1913 of Western Australia are competent to take a statutory declaration under the Commonwealth Statutory Declarations Act 1911.

Section 2 of the State Act provides that declarations-

may be made before, or signed and executed in the presence of, and attested by-

1. a town clerk, secretary to a road board, electoral registrar, postmaster, classified officer in the State or Commonwealth public service, classified State school teacher, or member of the police force; or
2. a commissioner for declarations appointed under this Act.

The following are the relevant sections of the Commonwealth Act: Section 5

A statutory declaration may be in accordance with the form in the Schedule, and may be made before-

1. a Police, Stipendiary, or Special Magistrate, or a Justice of the Peace, or
2. a Commissioner for Affidavits, or
3. a Commissioner for Declarations.

Section 2

In this Act, unless the contrary intention appears-'Commissioner for Declarations' means a person appointed under this Act or under a State Act to be a Commissioner for Declarations.

Section 7

Where in any Act, Ordinance, or statutory regulation (whether passed or made before or after the commencement of this Act), any declaration is required to be made by any person before some other person, the declaration may, unless the contrary intention appears in the Act, Ordinance, or regulation, be made before the person mentioned in the Act, Ordinance, or regulation or before a Commissioner for Declarations.

Section 5 of the Commonwealth Act sets out all the persons before whom statutory declarations under the Act may be made in the absence of express provision in other Commonwealth Acts, Ordinances or regulations-as to which see section 7 above.

The Commonwealth Act makes no provision for statutory declarations to be made before any of the persons as such mentioned in section 2(b) (i) of the Declarations and Attestations Act 1913 of Western Australia.

In my opinion a Commissioner for Declarations appointed under the State Act is competent to take statutory declarations under the Statutory Declarations Act 1911, but the persons mentioned in section 2(b) (i) are not similarly competent.

The question whether for the purpose of any other Commonwealth Act they are competent to take declarations depends on the question whether they are mentioned in that other Act.

[Vol. 13, p. 450]

1. Date in Opinion Book incomplete.