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Australian law defines a statutory declaration as a written statement declared to be true in the presence of an authorised witness. The Statutory Declarations Act 1959 governs the use of statutory declarations in matters involving the law of the Australian Commonwealth, Australian Capital Territory, and other territories but not including the Northern Territory.
Malcolm Roberts was born in India of an Australian mother and a British father. Roberts is an Australian citizen, and on 8 August 2017 documents were revealed by BuzzFeed indicating that Roberts was a British citizen at the age of 19. [57] Roberts released a statutory declaration stating that he was only a citizen of Australia. [136]
Pages in category "Law of Australia" The following 50 pages are in this category, out of 50 total. ... State constitutions in Australia; Statutory declaration; T.
Australian trust law is the law of trusts as it is applied in Australia. It is derived from, and largely continues to follow English trust law , as modified by state and federal legislation. A number of unique features of Australian trust law arise from interactions with the Australian systems of company law , family law and taxation .
The jurisprudence of statutory interpretation is not settled in Australia. Interpretive doctrines such as the literal rule , the golden rule , [ 30 ] and the mischief rule ; [ 31 ] must comply with the Commonwealth's mandate in the Acts Interpretation Act that statutes be interpreted according to their purpose. [ 32 ]
Australia does not have explicit freedom of speech in any constitutional or statutory declaration of rights, with the exception of political speech which is protected from criminal prosecution at common law per Australian Capital Television Pty Ltd v Commonwealth.
As Bowen's declaration was legally invalid, it followed he lacked power to order their deportation. The case is notable in Australian Administrative Law for the High Court's comments about jurisdictional fact, error, and statutory interpretation. It is also of historic importance to Australian refugee jurisprudence.
In April 2019, Tasmania amended the Birth, Deaths and Marriages Registration Act to allow the registration of genders on the basis of self-identification, with gender defined by the applicant through a statutory declaration. This allows a diversity of genders.