international, commonwealth and interstate documents;

witnessing Queensland documents while interstate or overseas

This file last saved 11 August, 2019 13:31

international documents

  1. You have no authority to sign a document intended for use outside Austalia.
  2. International documents must be witnessed by Notaries Public, Consular or Embassy officials unless the document specifies otherwise.

    3. commonwealth documents

  3. You may witness Australian Commonwealth documents anywhere in Australia or overseas.
  4. Commonwealth legislation recognises that your appointment as a JP(Qual) under state legislation and authorises you as a witness for Commonwealth documents. Therefore neither state nor national borders limit your powers as a witness for Commonwealth documents.

    5. interstate documents

    witnessed outside queensland

  5. You may not witness interstate documents while you are outside Queensland. However some states have legislation authorising JPs from other states to witness certain documents in their particular state. Before agreeing to witness an interstate document while you are outside Queensland you should seek advice from the agency responsible for the document in that state.

    6. witnessed in queensland

  6. In some circumstances, however you are able to witnesss interstate documents while you are in Queensland. It would be up to the court or authority where the document is to be lodged as to whether you are acceptable as a witness.

    7. NSW Identity Requirements

  7. Technical Bulletin 06/12 advises that the Oaths Act 1900 (NSW) now specifies that a person who takes and receives a Statutory Declaration or Affidavit in NSW must follow prescribed procedures concerning identification. Queensland JP/CD who are asked to witness a NSW Statutory Declaration or Affidavit may complete the new jurat which has additional wording about the confirmation and certification of identity, but any technical failure to comply with the new section 34(1) of the NSW Act would not affect the validity of the document in NSW.

    8. queensland documents witnessed outside Queensland

  8. Your appointment as a JP(Qual) is made under Queensland legislation by virtue of the Justices of the Peace and Commissioners for Declarations Act 1991 and therefore your powers apply to all matters within the State of Queensland.
  9. This means that you may perform your functions as a witness in another state or territory, and internationally, provided that the document in question is to be used in Queensland.

    10. References

  10. The Duties of Justices of the Peace (Qualified) Handbook, Queensland Government - June 2017, Section 4.12
  11. Technical Bulletin 06/12