25.1 How to access legislation
In the course of your work as a JP, you will come across many documents that refer to legislation, whether acts of parliament, regulations, or court rules. If you need to check a reference, you can access Victorian legislation at .
For Commonwealth legislation, go to . If you need help to find legislation, you can contact us.
The following legislation is most relevant to you as a justice of the peace:
- Honorary Justices Act
- Honorary Justices Regulations
- Oaths and Affirmations Act
- Oaths and Affirmations Transitional Regulations
- Electronic Transactions (Victoria) Act
25.2 Other legislation
Sections of this manual discuss the special requirements associated with other legislation that you are likely to come across in your work as a JP, including:
- Equal Opportunity Act
- Medical Treatment Planning and Decisions Act
- Mental Health Act
- Powers of Attorney Act
- Privacy and Data Protection Act
25.3 Commonwealth legislation
You may be asked to witness a commonwealth statutory declaration. They are governed by the Statutory Declarations Act (Cth). For further information about Commonwealth Statutory Declarations, visit the federal Attorney-General’s .
25.4 Offence Schedule for Oaths and Affirmations
| Schedule of Offence (Certification) | Penalties |
|---|---|
Section 47 Oaths and Affirmations Act 2018 Offence to present false copy of a document for certification | 600 penalty points or imprisonment for 5 years or both |
Section 48 Oaths and Affirmations Act 2018 Offence to certify certain types of documents | 600 penalty points or imprisonment for 5 years or both |
Section 49 Oaths and Affirmations Act 2018 False or misleading statement as to certification of copy of document | 10 penalty points |
| Schedule of Offence (Statutory Declarations) | Penalties |
|---|---|
Section 31 Oaths and Affirmations Act Offence to take statutory declaration if not statutory declaration witness | 60 penalty points or imprisonment for 6 months or both |
Section 31 Oaths and Affirmations Act Offence to purport to be statutory declaration witness | 10 penalty points |
Section 44 Honorary Justices Act Use of title without authorisation | 10 penalty points |
Section 36 Oaths and Affirmations Act Offence to make false statutory declaration | 600 penalty points or imprisonment for 5 years or both |
Section 37 Oaths and Affirmations Act False or misleading statement as to making of statutory declaration | 10 penalty points |
| Schedule of Offence (Affidavit) | Penalties |
|---|---|
Section 22 Oaths and Affirmations Act Offence to take affidavit if not authorised affidavit taker | 60 penalty points or imprisonment for 6 months or both |
Section 22 Oaths and Affirmations Act Offence to purport to be authorised affidavit taker | 10 penalty points |
Section 44 Honorary Justices Act Use of title without authorisation | 10 penalty points |
Section 20 Oaths and Affirmations Act Offence to require payment of fee to take affidavit | 10 penalty points |
Section 46 Honorary Justices Act Demanding, taking, or accepting fee, gratuity etc. | Imprisonment for 12 months |
Section 50 Oaths and Affirmations Act * Perjury to make false statements by oath, affirmation, or affidavit *See section 314(2) of the Crimes Act | Up to a maximum of 15 years imprisonment |
Reviewed 04 June 2023