Notaries Public Act 1984 (ACT)
Notaries Public Act 1984
A1984-33
Republication No 11
Effective: 21 June 2019
Republication date: 21 June 2019
Last amendment made by A2019‑17
About this republication
The republished law
This is a republication of the Notaries Public Act 1984 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 21 June 2019. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 21 June 2019.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Notaries Public Act 1984
Contents
Page
1 Name of Act 2
2 Dictionary 2
3 Notes 2
3A Terms used in Legal Profession Act 2
3BOffences against Act—application of Criminal Code etc 2
4 General qualification for appointment as notary public 3
5 Application for appointment as notary public 3
6 Objection to appointment of notary public 4
7 Appointment of notary public 4
8 Roll of notaries public 4
9 Oath or affirmation by notary public 5
10 Certificate of appointment 5
11 Evidence 6
12 Exercise of functions by notaries 6
13 Removal from roll 6
14 Pretending to be notary public 7
15 Service of documents 8
Schedule 1 Oath or affirmation of office 9
Dictionary10
Endnotes
1 About the endnotes 11
2 Abbreviation key 11
3 Legislation history 12
4 Amendment history 15
5 Earlier republications 17
Notaries Public Act 1984
An Act relating to notaries public
Name of Act
This Act is the Notaries Public Act 1984.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3ATerms used in Legal Profession Act
A term used in the Legal Profession Act has the same meaning in this Act.
3BOffences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
General qualification for appointment as notary public
A person is eligible for appointment as a notary public if the person—
(a)holds a current unrestricted practising certificate; and
(b)is competent to act as a notary public; and
(c)is of good fame and character.
Application for appointment as notary public
(1)An application by a person mentioned in section 4 for appointment as a notary public must be made to the Supreme Court.
(2)An application under this section—
(a)must set out fully and clearly the facts relied on to establish that the applicant is eligible to be appointed as a notary public; and
(b)must be verified by the affidavit of the applicant.
(3)An application under this section must not be set down for hearing on a date that is earlier than 1 month after the day the application is filed.
(4)An applicant must, within 2 business days after filing an application under this section, serve a copy of the application, together with a copy of the affidavit verifying the application, on the Attorney-General and on the law society.
(5)An applicant must give public notice of the making of an application under this section not later than 7 days after the day the application was filed.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
Objection to appointment of notary public
The Attorney-General or anyone else may object to the appointment of a person as a notary public on an application under section 5 and may be heard on the hearing of the application if, at least 5 days before the date fixed for the hearing of the application, the Attorney‑General or other person—
(a)files in the Supreme Court a notice of objection to the appointment of the applicant as a notary public; and
(b)serves on the applicant a copy of the notice of objection together with a copy of every affidavit intended to be used in support of the objection.
Appointment of notary public
If, on hearing an application under section 5, the Supreme Court is satisfied that the applicant is eligible to be appointed as a notary public, the court must make an order appointing the applicant to be a notary public for the ACT.
Roll of notaries public
(1)The registrar must keep a roll to be known as the roll of notaries public for the Australian Capital Territory.
(2)Subject to section 9, the registrar must enter on the roll—
(a) the name of each person appointed under section 7 to be a notary public; and
(b)the date the entry is made.
(3)A person whose name is entered on the roll under this section must sign the roll.
(4)The roll must be open for public inspection at the office of the registrar without fee during the ordinary business hours of the offices of the Supreme Court.
Oath or affirmation by notary public
(1)A person appointed under section 7 to be a notary public must, before having his or her name entered on the roll, take an oath or make an affirmation of office in accordance with the form in schedule 1.
(2)An oath or affirmation must be taken or made before a judge of the Supreme Court.
Certificate of appointment
(1)On the application of a person whose name appears on the roll, the registrar must issue to the person a certificate, signed by the registrar and under the seal of the Supreme Court.
Note 1If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.
Note 2A fee for the application may be determined under the Court Procedures Act 2004, section 13.
(2)The registrar may, on the application of a person to whom a certificate was issued under subsection (1), issue to that person a duplicate of the certificate if the registrar is satisfied that the certificate has been lost or destroyed or that a duplicate should, for any other reason, be issued.
(3)A person whose name is on the roll commits an offence if—
(a)the person’s name is removed from the roll under section 13; and
(b)the person fails to return the certificate or duplicate to the registrar within 1 month after the day the person’s name is removed.
Maximum penalty: 5 penalty units.
(4)An offence against this section is a strict liability offence.
Evidence
(1)In any proceeding in a court, a certificate signed by the registrar stating that on a date or dates or during a period specified in the certificate the name of a person specified in the certificate was or was not entered on the roll is evidence of the matters so stated.
(2)For subsection (1), a document that purports to have been signed by the registrar must be taken to have been so signed unless the contrary is proved.
Exercise of functions by notaries
A person whose name is on the roll may exercise within the ACT the functions of a notary public.
Removal from roll
(1)If, on the application of any person, it is proved to the satisfaction of the Supreme Court that the conduct of a notary public has been such as to justify it in so doing, the court may, by order, direct that the name of the notary public be removed from the roll.
(2)If the Supreme Court makes an order under subsection (1) directing that the name of a notary public be removed from the roll, the registrar must alter the roll by removing the name of that person.
(3)The registrar must remove the name of a person from the roll if—
(a)the person is a lawyer; and
(b)the Supreme Court makes an order under the Legal Profession Act that the name the person be removed from the roll of lawyers kept under that Act.
(4)The registrar must remove the name of a person from the roll if—
(a)the person holds an unrestricted practising certificate; and
(b)the practising certificate is cancelled under the Legal Profession Act.
(5)If the unrestricted practising certificate of a person who is on the roll is cancelled under the Legal Profession Act, the law society council must immediately tell the registrar, in writing, about the cancellation.
(6)If the registrar has removed the name of a person from the roll under subsection (4) because the law society has cancelled the person’s practising certificate, the registrar must restore the person’s name to the roll if—
(a)the law society council revokes its decision to cancel the certificate; or
(b)the Supreme Court makes an order revoking the cancellation of the certificate.
Pretending to be notary public
A person commits an offence if—
(a)the person is not a notary public; and
(b)the person—
(i)pretends to be entitled, qualified or able to exercise the functions of a notary public; or
(ii)uses the title of notary public; or
(iii)otherwise pretends to be a notary public.
Maximum penalty: 50 penalty units.
Example for par (b)
using ‘notary public for the ACT’ on letterhead or in an advertisement
Service of documents
(1)A document must be served on the Attorney-General by post.
(2)A document may be served on the law society—
(a)by delivering the document to the secretary of the law society; or
(b)by leaving the document at the office of the law society with a person apparently employed by the law society.
Schedule 1Oath or affirmation of office
(see s 9)
Notaries’ oath
I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by the person’s religion) that I will not make or attest any act, contract or instrument in which I know there is violence or fraud; and in all things I will act uprightly and justly in the office of a notary public according to the best of my skill and ability.
Notaries’ affirmation
I solemnly declare and affirm that I will not make or attest any act, contract or instrument in which I know there is violence or fraud; and in all things I will act uprightly and justly in the office of a notary public according to the best of my skill and ability.
Dictionary
(see s 2)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACT
· Attorney-General
· business day
· Supreme Court.
Legal Profession Act means the Legal Profession Act 2006.
registrar means the registrar of the Supreme Court.
roll means the roll of notaries public for the Australian Capital Territory kept under section 8.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
This Act was originally a Commonwealth ordinance—the Notaries Public Ordinance 1984 A1984-33 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
Legislation before becoming Territory enactment
Notaries Public Act 1984 A1984‑33
notified 23 July 1984
commenced 23 July 1984
as amended by
Self-Government (Consequential Amendments) Ordinance 1989 Ord1989-38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
Legislation after becoming Territory enactment
Legal Practitioners (Amendment) Act 1994 A1994‑76 sch
notified 23 November 1994 (Gaz 1994 No S247)
commenced 23 November 1994 (s 2)
Statute Law Revision (Penalties) Act 1994 A1994-81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)
Legal Practitioners (Consequential Amendments) Act 1997 A1997‑96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))sch 1 commenced 1 June 1998 (s 2 (2))
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 260
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 260 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.32
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))sch 1 pt 1.32 commenced 24 November 2005 (s 2)
Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.20
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))sch 1 pt 1.20 commenced 22 December 2005 (s 2 (4))
Legal Profession Act 2006 A2006-25 sch 2 pt 2.9
notified LR 21 June 2006
s 1, s 2 commenced 21 June 2006 (LA s 75 (1))sch 2 pt 2.9 commenced 1 July 2006 (s 2)
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.16
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.16 commenced 16 November 2006 (s 2 (1))Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.55
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))sch 3 pt 3.55 commenced 22 September 2009 (s 2)
Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.47
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))sch 1 pt 1.47 commenced 14 October 2015 (s 2)
Justice and Community Safety Legislation Amendment Act 2019 A2019-17 pt 12
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
pt 12 commenced 21 June 2019 (s 2)
Amendment history
Dictionary
s 2defs reloc to dict A2005‑60 amdt 1.110
sub A2005‑60 amdt 1.111
Notes
s 3sub A2005‑54 amdt 1.225 (see also A2005‑60 amdt 1.112)
Terms used in Legal Profession Act
s 3As 3A ins A2005‑54 amdt 1.225 renum as s 3B
ins A2005‑60 amdt 1.112
sub A2006‑25 amdt 2.17
Offences against Act—application of Criminal Code etc
s 3B(prev s 3A) ins A2005‑54 amdt 1.225
renum as s 3B R6 LA
General qualification for appointment as notary public
s 4am A1994‑76 sch, A2005‑60 amdt 1.113, amdt 1.114
Application for appointment as notary public
s 5am A2005‑60 amdt 1.115; A2009‑20 amdt 3.145; A2015‑33 amdt 1.156
Roll of notaries public
s 8am A2005‑54 amdt 1.226
Certificate of appointment
s 10am A1994‑81 sch; A2005‑54 amdt 1.227; A2006‑42 amdt 3.141
Removal from roll
s 13am A1997‑96 sch 1; A2006‑25 amdt 2.18
Pretending to be notary public
s 14am A1994‑81 sch
sub A2005‑54 amdt 1.228
am A2005‑60 amdt 1.116, amdt 1.117
Jurisdiction of Supreme Court
s 16om A2005‑60 amdt 1.118
Amendment of Seat of Government (Administration) Ordinance
s 17om Ord1989‑38 sch 1
Repeal
s 18om A2001‑44 amdt 1.2959
Oath or affirmation of office
sch 1 hdgsub A2006‑42 amdt 3.142
sch 1am A2006‑42 amdt 3.143
sub A2019‑17 s 31
Certificate of appointment of notary public
sch 2om A2006‑42 amdt 3.144
Dictionary
dictins A2005‑60 amdt 1.119
am A2009‑20 amdt 3.146; A2015‑33 amdt 1.157
def Legal Practitioners Act reloc from s 2 A2005‑60 amdt 1.110
om A2006‑25 amdt 2.19
def Legal Profession Act ins A2006‑25 amdt 2.19
def registrar reloc from s 2 A2005‑60 amdt 1.110
def roll reloc from s 2 A2005‑60 amdt 1.110
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 Ord1989‑38 31 July 1991 2 A1994‑81 28 February 1995 3 A1997‑96 31 March 1999 4 A2001‑44 9 August 2002 5 A2005‑54 24 November 2005 6 A2005‑60 22 December 2005 7 A2006‑25 1 July 2006 8 A2006‑42 16 November 2006 9 A2009‑20 22 September 2009 10 A2015‑33 14 October 2015
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