Under the provisions of Section 132 of the Oaths Act 2001, a Statutory Declaration is a written statement of facts in a formal, solemn document.

A Statutory Declaration must be signed in the presence of a Justice of the Peace or Commissioner for Declarations in order to make the declaration legally binding.

A person who makes a false statement in a Statutory Declaration is guilty of a crime (Criminal Code Act 1924 s113) and can be fined, or given a jail term or both. For these penalties, the person making the statement would have to know that the statement was false at the time it was made.

For a Statutory Declaration document, further information, and/or a list of Commissioners for Declarations (persons who can witness statutory declarations), visit the Department of Justice website.