{"id":"a-1984-33","name":"Notaries Public Act 1984","slug":"notaries-public-act-1984","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"33 of 1984","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23987,"registerId":"act-a-1984-33-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Notaries Public Act 1984","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nNotaries Public Act 1984\nA1984-33\nRepublication No 11\nEffective: 21 June 2019\nRepublication date: 21 June 2019\nLast amendment made by A2019-17\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Notaries Public Act 1984 (including any amendment made under\nthe Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 21 June 2019. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n21 June 2019.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR11\n21/06/19\nNotaries Public Act 1984\nEffective: 21/06/19\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nNotaries Public Act 1984\nContents\nPage\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n3A Terms used in Legal Profession Act 2\n3B Offences against Act—application of Criminal Code etc 2\n4 General qualification for appointment as notary public 3\n5 Application for appointment as notary public 3\n6 Objection to appointment of notary public 4\n7 Appointment of notary public 4\n8 Roll of notaries public 4\n9 Oath or affirmation by notary public 5\n10 Certificate of appointment 5\n11 Evidence 6\n12 Exercise of functions by notaries 6\n13 Removal from roll 6\n\nContents\nPage\ncontents 2 Notaries Public Act 1984\nEffective: 21/06/19\nR11\n21/06/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Pretending to be notary public 7\n15 Service of documents 8\nSchedule 1 Oath or affirmation of office 9\nDictionary 10\nEndnotes\n1 About the endnotes 11\n2 Abbreviation key 11\n3 Legislation history 12\n4 Amendment history 15\n5 Earlier republications 17\n\nR11\n21/06/19\nNotaries Public Act 1984\nEffective: 21/06/19\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nNotaries Public Act 1984\nAn Act relating to notaries public\n\nSection 1\npage 2 Notaries Public Act 1984\nEffective: 21/06/19\nR11\n21/06/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Notaries Public Act 1984.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n3A Terms used in Legal Profession Act\nA term used in the Legal Profession Act has the same meaning in this\nAct.\n3B Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nSection 4\nR11\n21/06/19\nNotaries Public Act 1984\nEffective: 21/06/19\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 General qualification for appointment as notary public\nA person is eligible for appointment as a notary public if the person—\n(a) holds a current unrestricted practising certificate; and\n(b) is competent to act as a notary public; and\n(c) is of good fame and character.\n5 Application for appointment as notary public\n(1) An application by a person mentioned in section 4 for appointment as\na notary public must be made to the Supreme Court.\n(2) An application under this section—\n(a) must set out fully and clearly the facts relied on to establish that\nthe applicant is eligible to be appointed as a notary public; and\n(b) must be verified by the affidavit of the applicant.\n(3) An application under this section must not be set down for hearing on\na date that is earlier than 1 month after the day the application is filed.\n(4) An applicant must, within 2 business days after filing an application\nunder this section, serve a copy of the application, together with a\ncopy of the affidavit verifying the application, on the Attorney-\nGeneral and on the law society.\n(5) An applicant must give public notice of the making of an application\nunder this section not later than 7 days after the day the application\nwas filed.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n\nSection 6\npage 4 Notaries Public Act 1984\nEffective: 21/06/19\nR11\n21/06/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Objection to appointment of notary public\nThe Attorney-General or anyone else may object to the appointment\nof a person as a notary public on an application under section 5 and\nmay be heard on the hearing of the application if, at least 5 days\nbefore the date fixed for the hearing of the application, the\nAttorney-General or other person—\n(a) files in the Supreme Court a notice of objection to the\nappointment of the applicant as a notary public; and\n(b) serves on the applicant a copy of the notice of objection together\nwith a copy of every affidavit intended to be used in support of\nthe objection.\n7 Appointment of notary public\nIf, on hearing an application under section 5, the Supreme Court is\nsatisfied that the applicant is eligible to be appointed as a notary\npublic, the court must make an order appointing the applicant to be a\nnotary public for the ACT.\n8 Roll of notaries public\n(1) The registrar must keep a roll to be known as the roll of notaries\npublic for the Australian Capital Territory.\n(2) Subject to section 9, the registrar must enter on the roll—\n(a) the name of each person appointed under section 7 to be a notary\npublic; and\n(b) the date the entry is made.\n(3) A person whose name is entered on the roll under this section must\nsign the roll.\n(4) The roll must be open for public inspection at the office of the\nregistrar without fee during the ordinary business hours of the offices\nof the Supreme Court.\n\nSection 9\nR11\n21/06/19\nNotaries Public Act 1984\nEffective: 21/06/19\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Oath or affirmation by notary public\n(1) A person appointed under section 7 to be a notary public must, before\nhaving his or her name entered on the roll, take an oath or make an\naffirmation of office in accordance with the form in schedule 1.\n(2) An oath or affirmation must be taken or made before a judge of the\nSupreme Court.\n10 Certificate of appointment\n(1) On the application of a person whose name appears on the roll, the\nregistrar must issue to the person a certificate, signed by the registrar\nand under the seal of the Supreme Court.\nNote 1 If a form is approved under the Court Procedures Act 2004, s 8 for this\nprovision, the form must be used.\nNote 2 A fee for the application may be determined under the Court Procedures\nAct 2004, section 13.\n(2) The registrar may, on the application of a person to whom a certificate\nwas issued under subsection (1), issue to that person a duplicate of\nthe certificate if the registrar is satisfied that the certificate has been\nlost or destroyed or that a duplicate should, for any other reason, be\nissued.\n(3) A person whose name is on the roll commits an offence if—\n(a) the person’s name is removed from the roll under section 13;\nand\n(b) the person fails to return the certificate or duplicate to the\nregistrar within 1 month after the day the person’s name is\nremoved.\nMaximum penalty: 5 penalty units.\n(4) An offence against this section is a strict liability offence.\n\nSection 11\npage 6 Notaries Public Act 1984\nEffective: 21/06/19\nR11\n21/06/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Evidence\n(1) In any proceeding in a court, a certificate signed by the registrar\nstating that on a date or dates or during a period specified in the\ncertificate the name of a person specified in the certificate was or was\nnot entered on the roll is evidence of the matters so stated.\n(2) For subsection (1), a document that purports to have been signed by\nthe registrar must be taken to have been so signed unless the contrary\nis proved.\n12 Exercise of functions by notaries\nA person whose name is on the roll may exercise within the ACT the\nfunctions of a notary public.\n13 Removal from roll\n(1) If, on the application of any person, it is proved to the satisfaction of\nthe Supreme Court that the conduct of a notary public has been such\nas to justify it in so doing, the court may, by order, direct that the\nname of the notary public be removed from the roll.\n(2) If the Supreme Court makes an order under subsection (1) directing\nthat the name of a notary public be removed from the roll, the registrar\nmust alter the roll by removing the name of that person.\n(3) The registrar must remove the name of a person from the roll if—\n(a) the person is a lawyer; and\n(b) the Supreme Court makes an order under the Legal Profession\nAct that the name the person be removed from the roll of lawyers\nkept under that Act.\n(4) The registrar must remove the name of a person from the roll if—\n(a) the person holds an unrestricted practising certificate; and\n(b) the practising certificate is cancelled under the Legal Profession\nAct.\n\nSection 14\nR11\n21/06/19\nNotaries Public Act 1984\nEffective: 21/06/19\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) If the unrestricted practising certificate of a person who is on the roll\nis cancelled under the Legal Profession Act, the law society council\nmust immediately tell the registrar, in writing, about the cancellation.\n(6) If the registrar has removed the name of a person from the roll under\nsubsection (4) because the law society has cancelled the person’s\npractising certificate, the registrar must restore the person’s name to\nthe roll if—\n(a) the law society council revokes its decision to cancel the\ncertificate; or\n(b) the Supreme Court makes an order revoking the cancellation of\nthe certificate.\n14 Pretending to be notary public\nA person commits an offence if—\n(a) the person is not a notary public; and\n(b) the person—\n(i) pretends to be entitled, qualified or able to exercise the\nfunctions of a notary public; or\n(ii) uses the title of notary public; or\n(iii) otherwise pretends to be a notary public.\nMaximum penalty: 50 penalty units.\nExample for par (b)\nusing ‘notary public for the ACT’ on letterhead or in an advertisement\n\nSection 15\npage 8 Notaries Public Act 1984\nEffective: 21/06/19\nR11\n21/06/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n15 Service of documents\n(1) A document must be served on the Attorney-General by post.\n(2) A document may be served on the law society—\n(a) by delivering the document to the secretary of the law society;\nor\n(b) by leaving the document at the office of the law society with a\nperson apparently employed by the law society.\n\nOath or affirmation of office Schedule 1\nR11\n21/06/19\nNotaries Public Act 1984\nEffective: 21/06/19\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Oath or affirmation of office\n(see s 9)\nNotaries’ oath\nI swear (or the person taking the oath may promise) by Almighty God (or the\nperson may name a god recognised by the person’s religion) that I will not\nmake or attest any act, contract or instrument in which I know there is violence\nor fraud; and in all things I will act uprightly and justly in the office of a notary\npublic according to the best of my skill and ability.\nNotaries’ affirmation\nI solemnly declare and affirm that I will not make or attest any act, contract or\ninstrument in which I know there is violence or fraud; and in all things I will act\nuprightly and justly in the office of a notary public according to the best of my\nskill and ability.\n\nDictionary\npage 10 Notaries Public Act 1984\nEffective: 21/06/19\nR11\n21/06/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• Attorney-General\n• business day\n• Supreme Court.\nLegal Profession Act means the Legal Profession Act 2006.\nregistrar means the registrar of the Supreme Court.\nroll means the roll of notaries public for the Australian Capital\nTerritory kept under section 8.\n\nEndnotes\nAbout the endnotes 1\nR11\n21/06/19\nNotaries Public Act 1984\nEffective: 21/06/19\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 12 Notaries Public Act 1984\nEffective: 21/06/19\nR11\n21/06/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Notaries Public\nOrdinance 1984 A1984-33 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s\n5 on 11 May 1989 (self-government day).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nLegislation before becoming Territory enactment\nNotaries Public Act 1984 A1984-33\nnotified 23 July 1984\ncommenced 23 July 1984\nas amended by\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nsch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989\nNo S164)\nLegislation after becoming Territory enactment\nLegal Practitioners (Amendment) Act 1994 A1994-76 sch\nnotified 23 November 1994 (Gaz 1994 No S247)\ncommenced 23 November 1994 (s 2)\nStatute Law Revision (Penalties) Act 1994 A1994-81 sch\nnotified 29 November 1994 (Gaz 1994 No S253)\ns 1, s 2 commenced 29 November 1994 (s 2 (1))\nsch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)\n\nEndnotes\nLegislation history 3\nR11\n21/06/19\nNotaries Public Act 1984\nEffective: 21/06/19\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 260\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 260 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.32\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.32 commenced 24 November 2005 (s 2)\nJustice and Community Safety Legislation Amendment Act 2005\n(No 4) A2005-60 sch 1 pt 1.20\nnotified LR 1 December 2005\ns 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))\nsch 1 pt 1.20 commenced 22 December 2005 (s 2 (4))\nLegal Profession Act 2006 A2006-25 sch 2 pt 2.9\nnotified LR 21 June 2006\ns 1, s 2 commenced 21 June 2006 (LA s 75 (1))\nsch 2 pt 2.9 commenced 1 July 2006 (s 2)\nStatute Law Amendment Act 2006 A2006-42 sch 3 pt 3.16\nnotified LR 26 October 2006\ns 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))\nsch 3 pt 3.16 commenced 16 November 2006 (s 2 (1))\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.55\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.55 commenced 22 September 2009 (s 2)\n\nEndnotes\n3 Legislation history\npage 14 Notaries Public Act 1984\nEffective: 21/06/19\nR11\n21/06/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.47\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.47 commenced 14 October 2015 (s 2)\nJustice and Community Safety Legislation Amendment Act 2019\nA2019-17 pt 12\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\npt 12 commenced 21 June 2019 (s 2)\n\nEndnotes\nAmendment history 4\nR11\n21/06/19\nNotaries Public Act 1984\nEffective: 21/06/19\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nDictionary\ns 2 defs reloc to dict A2005-60 amdt 1.110\nsub A2005-60 amdt 1.111\nNotes\ns 3 sub A2005-54 amdt 1.225 (see also A2005-60 amdt 1.112)\nTerms used in Legal Profession Act\ns 3A s 3A ins A2005-54 amdt 1.225 renum as s 3B\nins A2005-60 amdt 1.112\nsub A2006-25 amdt 2.17\nOffences against Act—application of Criminal Code etc\ns 3B (prev s 3A) ins A2005-54 amdt 1.225\nrenum as s 3B R6 LA\nGeneral qualification for appointment as notary public\ns 4 am A1994-76 sch, A2005-60 amdt 1.113, amdt 1.114\nApplication for appointment as notary public\ns 5 am A2005-60 amdt 1.115; A2009-20 amdt 3.145; A2015-33\namdt 1.156\nRoll of notaries public\ns 8 am A2005-54 amdt 1.226\nCertificate of appointment\ns 10 am A1994-81 sch; A2005-54 amdt 1.227; A2006-42\namdt 3.141\nRemoval from roll\ns 13 am A1997-96 sch 1; A2006-25 amdt 2.18\nPretending to be notary public\ns 14 am A1994-81 sch\nsub A2005-54 amdt 1.228\nam A2005-60 amdt 1.116, amdt 1.117\nJurisdiction of Supreme Court\ns 16 om A2005-60 amdt 1.118\nAmendment of Seat of Government (Administration) Ordinance\ns 17 om Ord1989-38 sch 1\nRepeal\ns 18 om A2001-44 amdt 1.2959\nOath or affirmation of office\nsch 1 hdg sub A2006-42 amdt 3.142\nsch 1 am A2006-42 amdt 3.143\nsub A2019-17 s 31\n\nEndnotes\nAmendment history\npage 16 Notaries Public Act 1984\nEffective: 21/06/19\nR11\n21/06/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCertificate of appointment of notary public\nsch 2 om A2006-42 amdt 3.144\nDictionary\ndict ins A2005-60 amdt 1.119\nam A2009-20 amdt 3.146; A2015-33 amdt 1.157\ndef Legal Practitioners Act reloc from s 2 A2005-60\namdt 1.110\nom A2006-25 amdt 2.19\ndef Legal Profession Act ins A2006-25 amdt 2.19\ndef registrar reloc from s 2 A2005-60 amdt 1.110\ndef roll reloc from s 2 A2005-60 amdt 1.110\n\nEndnotes\nEarlier republications 5\nR11\n21/06/19\nNotaries Public Act 1984\nEffective: 21/06/19\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 Ord1989-38 31 July 1991\n2 A1994-81 28 February 1995\n3 A1997-96 31 March 1999\n4 A2001-44 9 August 2002\n5 A2005-54 24 November 2005\n6 A2005-60 22 December 2005\n7 A2006-25 1 July 2006\n8 A2006-42 16 November 2006\n9 A2009-20 22 September 2009\n10 A2015-33 14 October 2015\n© Australian Capital Territory 2019","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: regulating the appointment and conduct of notaries public in the ACT. While it has been updated to reflect changes in the legal profession framework (notably replacing references to the Legal Practitioners Act with the Legal Profession Act 2006), these are technical amendments maintaining the same regulatory scheme rather than scope creep. The core functions—application process, roll maintenance, oath administration, and removal mechanisms—remain essentially unchanged since the original 1984 ordinance."},"complexity_factors":["Short statute—only 15 substantive sections plus a schedule and dictionary","Minimal defined terms—only 3 specific definitions in the dictionary (Legal Profession Act, registrar, roll), with other terms borrowed from the Legislation Act","Straightforward procedural structure: eligibility → application → appointment → roll maintenance → removal","Limited cross-referencing—primarily links to the Legal Profession Act 2006 for practising certificate status and the Legislation Act for standard definitions","Simple conditional logic—mostly 'if X then Y' without nested exceptions","One strict liability offence (s 10(3)) and one general offence (s 14), both clearly drafted","No complex transitional provisions or sunset clauses"],"plain_english_summary":"This Act creates the ACT system for appointing and regulating notaries public—senior lawyers authorised to witness and certify documents, especially for overseas use. It governs who may apply, requires public notice, an oath to act honestly, registration on a public roll, and gives the Supreme Court powers to remove notaries. It also penalises pretending to be a notary. The law affects lawyers seeking appointment, the legal profession, and anyone needing trusted notarisation for international transactions."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains focused on the original, narrow purpose of regulating appointment, roll-keeping and removal of notaries public in the ACT. Amendments recorded in the history are largely harmonising and procedural (updating references to the Legal Profession Act, aligning criminal provisions with the Criminal Code, editorial changes, and adjusting penalties). Those changes clarify administration and integrate the Act with modern instruments but do not materially broaden the statutory scope beyond regulating who may be a notary, the appointment process, and removal mechanics (see ss 3A, 3B, 13)."},"complexity_factors":["Short Act with 15 substantive sections and 1 schedule (oath)","Few defined terms in the local dictionary; several cross-references to other Acts (Legal Profession Act, Criminal Code, Legislation Act, Court Procedures Act)","Procedural conditionality: eligibility criteria (3 elements), timing rules for hearings and notice (ss 4–5)","Administrative duties spread across Supreme Court registrar and law society (roll maintenance, certificate issue, notification)","Small number of offences with different fault rules (strict liability for failure to return certificate s 10(4); standard offence elements for pretending to be a notary s 14)","Some automated triggers for removal tied to external decisions under the Legal Profession Act (s 13(3)–(4))"],"plain_english_summary":"**What this law does (mechanics)**\n\n- Establishes who may be appointed a notary public in the Australian Capital Territory (ACT) and the paperwork and procedures required to become one (ss 4–7).\n  - Eligibility: the applicant must hold a current unrestricted practising certificate, be competent to act as a notary, and be of good fame and character (s 4).\n  - Applications are made to the Supreme Court, must be verified by affidavit, cannot be heard sooner than one month after filing, must be served on the Attorney‑General and the law society within 2 business days, and require public notice within 7 days (s 5).\n  - The Attorney‑General or any other person may object and be heard if they file and serve a notice of objection at least 5 days before the hearing (s 6). The Court appoints a notary if satisfied (s 7).\n\n- Maintains a public roll and formal entry requirements (s 8–9).\n  - The Supreme Court registrar keeps the roll of notaries public; each appointee signs the roll and the roll is open for public inspection (s 8).\n  - A notary must take an oath or affirmation of office before a judge before their name is entered on the roll (s 9; schedule 1).\n\n- Issues and controls certificates and provides evidence and powers (ss 10–12).\n  - The registrar issues a certificate of appointment and may issue duplicates; a person removed from the roll must return their certificate within one month or commit an offence (s 10).\n  - A registrar’s certificate about whether a person is on the roll is admissible evidence in court (s 11).\n  - A listed notary may exercise notarial functions within the ACT (s 12).\n\n- Provides removal and automatic-disqualification mechanics (s 13).\n  - The Supreme Court can remove a notary’s name from the roll on application and proof of conduct justifying removal (s 13(1)–(2)).\n  - The roll is also altered automatically if a person’s name is removed from the roll of lawyers under the Legal Profession Act, or if an unrestricted practising certificate is cancelled (s 13(3)–(4)). The law society must notify the registrar of cancellations (s 13(5)).\n\n- Creates offences for misrepresentation and sets service rules (ss 14–15).\n  - It is an offence to pretend to be a notary, use the title, or otherwise represent oneself as a notary when not entitled (maximum penalty 50 penalty units — s 14).\n  - Service rules: documents to the Attorney‑General must be posted; service on the law society is by personal delivery to the secretary or leaving at the law society office (s 15).\n\n**Who it affects**\n\n- Lawyers in the ACT holding an unrestricted practising certificate who wish to act as notaries (ss 4, 12).\n- The Supreme Court and its registrar (appointment, roll-keeping, certificates — ss 5, 8, 10, 11).\n- The Attorney‑General and the ACT law society (objector and notifier roles — ss 5(4), 6, 13(5)).\n- Anyone who falsely claims to be a notary (criminal offence — s 14).\n\n**Why it matters (official purpose and practical implications)**\n\n- The Act’s explicit purpose is to regulate who may lawfully act and hold themselves out as a notary public in the ACT by:\n  - limiting the office to qualified lawyers (s 4),\n  - requiring court appointment and a public roll (ss 5–8), and\n  - providing removal and disciplinary links to the Legal Profession Act (s 13).\n\n- Practical effects, incentives and trade-offs:\n  - Who decides: the Supreme Court makes appointments and removals; the registrar administers the roll and certificates; the law society and Attorney‑General play notification and objection roles (ss 5–7, 8, 10, 13(5)).\n  - Who pays/what the applicant does: applicants bear the cost and time of filing an affidavit, giving public notice, complying with service rules, and (where applicable) paying any court-determined certificate fee (s 5, s 10 note).\n  - Compliance burden: procedural steps are straightforward but time-bound (1 month wait before hearing, service within 2 business days, public notice within 7 days — s 5(3)–(5)).\n  - Enforcement and certainty: admission and removal are tied to the court and the Legal Profession Act, so notarial status tracks broader lawyer regulation (s 13(3)–(4)). This centralises disciplinary consequences with existing legal‑profession processes.\n  - Risk and deterrence: criminal penalties (including a specific offence for false representation — s 14) create a deterrent against misuse of the title; failure to return certificates after removal is a strict liability offence (s 10(3)–(4)), which reduces formalities but also imposes a strict compliance standard.\n\n**Implementation risks and administrative considerations**\n\n- Administrative load is modest but concentrated: the registrar must keep and make the roll publicly available and issue certificates; the law society must promptly notify cancellations (ss 8, 10, 13(5)).\n- The Act cross-references other laws (Legal Profession Act, Criminal Code, Legislation Act), so the practical effect of several provisions depends on those instruments (s 3A, s 3B; dictionary).\n\nOverall, the statute creates a short, procedural framework that ties the office of notary to the legal profession’s existing regulatory system, specifies the mechanics of appointment and removal, and criminalises false claims to notarial status."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"section 10(3)","severity":"high","reasoning":"The opening words require the person’s name to be on the roll. Paragraph (a) requires that same name to have been removed under section 13. Once removed, the person no longer satisfies the opening condition, including when the 1-month return period expires under paragraph (b).","confidence":0.98,"description":"The offence applies to a person whose name is on the roll, but simultaneously requires that the person’s name has been removed from the roll.","source_quotes":["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;","(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."]}],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/notaries-public-act-1984","history":"/api/acts/notaries-public-act-1984/history","analysis":"/api/acts/notaries-public-act-1984/analysis","conflicts":"/api/acts/notaries-public-act-1984/conflicts","importantCases":"/api/acts/notaries-public-act-1984/important-cases","documents":"/api/acts/notaries-public-act-1984/documents"}}