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25. Legislation relevant to the role of the JP

Justice of the Peace Handbook

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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:

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:

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 2018Offence 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 2018Offence to certify certain types of documents 600 penalty points or imprisonment for 5 years or both
Section 49 Oaths and Affirmations Act 2018False 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 2018Offence 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 2018Offence to purport to be statutory declaration witness 10 penalty points
Section 44 Honorary Justices Act 2014Use of title without authorisation 10 penalty points
Section 36 Oaths and Affirmations Act 2018Offence to make false statutory declaration 600 penalty points or imprisonment for 5 years or both
Section 37 Oaths and Affirmations Act 2018False or misleading statement as to making of statutory declaration 10 penalty points
Schedule of Offence (Affidavit) Penalties
Section 22 Oaths and Affirmations Act 2018Offence to take affidavit if not authorised affidavit taker 60 penalty points or imprisonment for 6 months or both
Section 22 Oaths and Affirmations Act 2018Offence to purport to be authorised affidavit taker 10 penalty points
Section 44 Honorary Justices Act 2014Use of title without authorisation 10 penalty points
Section 20 Oaths and Affirmations Act 2018Offence to require payment of fee to take affidavit 10 penalty points
Section 46 Honorary Justices Act 2014Demanding, 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

Law, crime & justice

Updated 17 November 2025

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