Australian Capital Territory
Notaries Public Act 1984    
A1984-33
Republication No 6
Effective:  22 December 2005 – 30 June 2006
Republication date: 22 December 2005
Last amendment made by A2005-60

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

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 22 December 2005.  It also includes any amendment, repeal or expiry affecting the republished law to 22 December 2005.  
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 www.legislation.act.gov.au):
•	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 or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
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 Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Notaries Public Act 1984

Contents
	Page

	1	Name of Act	2
	2	Dictionary	2
	3	Notes	2
	3A	Terms used in Legal Practitioners Act	2
	3B	Offences against Act—application of Criminal Code etc	3
	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	8
	15	Service of documents	8
Schedule 1		9
Schedule 2	Certificate of appointment of notary public	10
Dictionary		11
Endnotes
	1	About the endnotes	12
	2	Abbreviation key	12
	3	Legislation history	13
	4	Amendment history	14
	5	Earlier republications	15

Australian Capital Territory
Notaries Public Act 1984

An Act relating to notaries public

    

1	Name of Act
This Act is the Notaries Public Act 1984.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act.
Note 2	A 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)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3A	Terms used in Legal Practitioners Act
A term used in the Legal Practitioners Act has the same meaning in this Act.
3B	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal 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 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
4	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.
5	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 publish a notice of the making of an application under this section in a newspaper circulating daily in the ACT not later than 7 days after the day the application was filed.
6	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.
7	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.
8	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.
9	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.
10	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, in accordance with the form in schedule 2.
	(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.
11	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.
12	Exercise of functions by notaries
A person whose name is on the roll may exercise within the ACT the functions of a notary public.
13	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)	If—
	(a)	the Supreme Court makes an order under the Legal Practitioners Act directing that the name of a legal practitioner be removed from the roll of legal practitioners kept under the Legal Practitioners Act; and
	(b)	the legal practitioner is a person whose name is on the roll of notaries public for the Australian Capital Territory;
the registrar must alter the roll mentioned in paragraph (b) by removing the name of that person.
	(4)	If—
	(a)	an unrestricted practising certificate issued to a person—
	(i)	is cancelled by the law society under the Legal Practitioners Act; or
	(ii)	is, by force of that Act, cancelled; and
	(b)	the person to whom the certificate was issued is a person whose name is on the roll; 
the registrar must alter the roll by removing the name of that person.
	(5)	If—
	(a)	the registrar alters the roll by removing the name of a person whose unrestricted practising certificate is cancelled by the law society under the Legal Practitioners Act; and
	(b)	the Supreme Court makes an order under that Act revoking the cancellation of that certificate;
the registrar must alter the roll by restoring the name of that person.
	(6)	If—
	(a) 	an unrestricted practising certificate issued to a person—
	(i)	is cancelled by the law society under the Legal Practitioners Act; or
	(ii)	is, by force of that Act, cancelled; and
	(b)	the person to whom the certificate was issued is a person whose name is on the roll;
the law society must immediately notify the registrar of the cancellation of the certificate.
14	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
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
15	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 1	  
(see s 9)
Oath
I swear by Almighty God that I will not make or attest any act, contract or instrument in which I shall 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.
Affirmation
I solemnly declare and affirm that I will not make or attest any act, contract or instrument in which I shall 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.

Schedule 2	Certificate of appointment of notary public
(see s 10)
I, A.B., the Registrar of the Supreme Court of the Australian Capital Territory, certify that C.D. of (place of residence or business), (occupation), is a notary public for the Australian Capital Territory and that his or her name was entered on the roll of notaries public for the Territory on the				day of 			      20      , 
and still remains on the roll.
Dated at Canberra this			day of 			20      .
	(L.S.)
Registrar of the Supreme Court

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACT
·	Attorney-General
·	business day
·	Supreme Court.
Legal Practitioners Act means the Legal Practitioners Act 1970.
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
1	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 and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
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.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	

3	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 No 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 No 33
notified 23 July 1984
commenced 23 July 1984
as amended by
Self-Government (Consequential Amendments) Ordinance 1989 No 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 No 76 sch
notified 23 November 1994 (Gaz 1994 No S247)
commenced 23 November 1994 (s 2)
Statute Law Revision (Penalties) Act 1994 No 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 No 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 No 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))
4	Amendment history
Dictionary
s 2	defs reloc to dict A2005-60 amdt 1.110
	sub A2005-60 amdt 1.111
Notes
s 3	sub A2005-54 amdt 1.225 (see also A2005-60 amdt 1.112)
Terms used in Legal Practitioners Act
s 3A	s 3A ins A2005-54 amdt 1.225 renum as s 3B
	ins A2005-60 amdt 1.112
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 4	am 1994 No 76 sch, A2005-60 amdt 1.113, amdt 1.114
Application for appointment as notary public
s 5	am A2005-60 amdt 1.115
Roll of notaries public
s 8	am A2005-54 amdt 1.226
Certificate of appointment
s 10	am 1994 No 81 sch; A2005-54 amdt 1.227
Removal from roll
s 13	am 1997 No 96 sch 1
Pretending to be notary public
s 14	am 1994 No 81 sch
	sub A2005-54 amdt 1.228
	am A2005-60 amdt 1.116, amdt 1.117
Jurisdiction of Supreme Court
s 16	om A2005-60 amdt 1.118
Amendment of Seat of Government (Administration) Ordinance
s 17	om 1989 No 38 sch 1
Repeal
s 18	om 2001 No 44 amdt 1.2959
Dictionary
dict	ins A2005-60 amdt 1.119
	def Legal Practitioners Act reloc from s 2 A2005-60 amdt 1.110
	def registrar reloc from s 2 A2005-60 amdt 1.110
	def roll reloc from s 2 A2005-60 amdt 1.110
5	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	Ord 1989 No 38	31 July 1991	
2	Act 1994 No 81	28 February 1995	
3	Act 1997 No 96	31 March 1999	
4	A2001-44	9 August 2002	
5	A2005-54	24 November 2005	

©  Australian Capital Territory 2005