ACT and NT statutory declarations: two very different rules
These two territories sit at opposite ends. The ACT does not publish its own form and uses the Commonwealth statutory declaration. The Northern Territory has the most relaxed rule in Australia: any witness aged 18 or older.
We have put these two together because neither has enough distinct rules to need its own page, and because the contrast is the useful part. If you are in the ACT you are effectively using the federal system. If you are in the NT you are using the least restrictive one in the country.
This page explains the process and points you to the official source. It is general information, not legal advice. For advice about your situation, speak to a lawyer, Legal Aid or a community legal centre.
Checked 14 August 2026. We re-check this page every six months, and sooner if a witness list changes.
Australian Capital Territory
The ACT does not publish a separate territory statutory declaration form. Access Canberra publishes the Commonwealth statutory declaration, and the Commonwealth Statutory Declarations Act 1959 appears on the ACT legislation register.
In practice this means the Commonwealth rules apply: the Commonwealth approved witness list, and the option of making a declaration digitally through myGov with no witness. Our Commonwealth page covers both.
ACT statutory declaration form at Access Canberra
If an ACT body has told you it needs something specific, ask them directly. They decide what they accept.
Northern Territory
The Northern Territory rule is the outlier in Australia, and it surprises people: an NT statutory declaration can be signed in front of any witness who is 18 or older. A Justice of the Peace or Commissioner for Oaths does not have to witness and sign it.
NT statutory declaration form at nt.gov.au
What the NT still requires
- Complete the form, then print it.
- Sign in front of your witness. You must not bring a pre-signed statutory declaration to a witness.
- The witness signs and provides their name, address and phone number.
- If the witness does not know you, you must provide photo ID to verify you are the person making the declaration.
- In most cases you must submit the original signed version. Most organisations do not accept photocopies.
The penalty
NT guidance states that making a false statement in a statutory declaration is against the law and can result in a fine, a prison sentence of up to three years, or both.
Common questions
Does the ACT have its own statutory declaration form?
The ACT does not publish a separate territory form. Access Canberra publishes the Commonwealth statutory declaration, and the Commonwealth Statutory Declarations Act 1959 appears on the ACT legislation register.
Can any adult witness an NT statutory declaration?
The Northern Territory Government states that an NT statutory declaration can be signed in front of any witness who is 18 or older, and that a JP or Commissioner for Oaths does not have to witness it. The witness must still sign and give their name, address and phone number.
Do I need ID in the Northern Territory?
If the witness does not know you, yes. NT guidance says you must provide photo identification to verify you are the person making the declaration.
Can I use an NT declaration for a federal agency?
Generally no. A federal body normally wants a Commonwealth statutory declaration. Ask the body that requested it.
Where this comes from
Every rule on this page comes from the official source below. We link them rather than copy them, because a form or a witness list that is out of date is worse than no form at all. Check the source if anything here matters to your document.
- Access Canberra, statutory declaration form, the form published for use in the ACT, which is the Commonwealth statutory declaration.
- ACT legislation register, Statutory Declarations Act 1959 (Cwlth), the Commonwealth Act as listed on the ACT register.
- Northern Territory Government, statutory declarations, the NT form, the any-adult witness rule, the ID requirement and the penalty.
- Attorney-General's Department, statutory declarations, the Commonwealth form and process that the ACT uses.
Building the facts behind your declaration?
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