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 www.legislation.vic.gov.au.
For Commonwealth legislation, go to www.comlaw.gov.au. 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 2014
- Honorary Justices Regulations 2014
- Oaths and Affirmations Act 2018
- Oaths and Affirmations Transitional Regulations 2019
- Electronic Transactions (Victoria) Act 2000
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 2010
- Medical Treatment Planning and Decisions Act 2016
- Mental Health Act 2014
- Powers of Attorney Act 2014
- Privacy and Data Protection Act 2014
25.3 Commonwealth legislation
You may be asked to witness a commonwealth statutory declaration. They are governed by the Statutory Declarations Act 1959 (Cth). For further information about Commonwealth Statutory Declarations, visit the federal Attorney-General’s website.
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 2018 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 2018 Offence to purport to be statutory declaration witness |
10 penalty points |
|
Section 44 Honorary Justices Act 2014 Use of title without authorisation |
10 penalty points |
|
Section 36 Oaths and Affirmations Act 2018 Offence to make false statutory declaration |
600 penalty points or imprisonment for 5 years or both |
|
Section 37 Oaths and Affirmations Act 2018 False or misleading statement as to making of statutory declaration |
10 penalty points |
| Schedule of Offence (Affidavit) | Penalties |
|---|---|
|
Section 22 Oaths and Affirmations Act 2018 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 2018 Offence to purport to be authorised affidavit taker |
10 penalty points |
|
Section 44 Honorary Justices Act 2014 Use of title without authorisation |
10 penalty points |
|
Section 20 Oaths and Affirmations Act 2018 Offence to require payment of fee to take affidavit |
10 penalty points |
|
Section 46 Honorary Justices Act 2014 Demanding, taking, or accepting fee, gratuity etc. |
Imprisonment for 12 months |
|
Section 50 Oaths and Affirmations Act 2018* Perjury to make false statements by oath, affirmation, or affidavit *See section 314(2) of the Crimes Act 1958 |
Up to a maximum of 15 years imprisonment |
Updated