Eligible witnesses


The AMC accepts the following persons as eligible witnesses in Australia:

  • chief magistrate
  • police magistrate
  • resident magistrate
  • special magistrate
  • justice of the peace
  • person appointed under the Statutory Declarations Act 1959, as amended, or under a state Act to be a Commissioner for Declarations
  • notary public
  • person appointed a Commissioner for Declarations under the Statutory Declarations Act 1911, or under that Act as amended, and holding office immediately before the commencement of the Statutory Declarations Act 1959.

The AMC accepts the following persons as eligible witnesses in countries other than Australia:

  • Foreign Notary Public
  • Commissioner of Oaths (South Africa, Sudan and Canada only)
  • An Australian Consular or Diplomatic Officer or authorised officer in accordance with Section 3 of the Consular Fees Act 1955*
  • Foreign documents that bear an Apostille† issued by a Foreign Government may be submitted without further certification

*You are required to contact the Australian Embassy or Consular to arrange for an appointment before travelling to ensure that the necessary staff are available. The list is available here.

†On legal advice, the AMC accepts an apostille as an eligible witness able to certify documents as part of the primary source verification requirements.

An Australian Consular Officer means a person appointed to hold or act in any of the following offices of the Commonwealth in a country or place outside Australia:

  • Consul-General;
  • Consul;
  • Vice-Consul;
  • Trade Representative; and
  • Consular Agent.

An Australian Diplomatic Officer means a person appointed to hold or act in any of the following offices of the Commonwealth in a country or place outside Australia:

  • Ambassador;
  • High Commissioner;
  • Minister;
  • Head of a Mission;
  • Commissioner;
  • Chargé d'Affaires; and
  • Counsellor, Secretary or Attaché at an Embassy, High Commissioner's office, Legation or other post.
  • Locally engaged staff who have been authorised by the Secretary of the Department of Foreign Affairs and Trade to also perform the function.

Fees may be prescribed for consular acts. The regulations may provide for the imposition of fees, to be collected on behalf of the Commonwealth, for the performance, whether in Australia or elsewhere, of consular acts by:

  • an Australian Diplomatic Officer or an Australian Consular Officer; or
  • the person holding or acting in the office of Secretary of the Department or an officer of the Department acting with the authority of the Secretary; or
  • an employee of the Commonwealth authorised, in writing, by the Secretary of the Department; or
  • an employee of the Australian Trade Commission authorised, in writing, by the Secretary of the Department.