{"id":"tas:act-1990-016","name":"Notaries Public Act 1990","slug":"notaries-public-act-1990","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"16 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106366,"registerId":"tas-act-1990-016-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Notaries Public Act 1990](/view/html/inforce/2026-04-12/act-1990-016) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be fixed by proclamation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the context otherwise requires –\n> \n> > ***the commencement day*** means the day fixed under [section 2](#GS2@EN) ;\n> \n> > ***the Court*** means the Supreme Court of Tasmania;\n> \n> > ***the Registrar*** means the Registrar of the Supreme Court of Tasmania;\n> \n> > ***the Roll*** means the Roll of notaries public maintained under [section 7](#GS7@EN) ;\n> \n> > ***rules*** means rules of the Court.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Established notaries public and confirmation of past actions","content":"### 4 Established notaries public and confirmation of past actions\n\n> > (1)  A person who, immediately before the commencement day, held office as, and was in practice in Tasmania as, a notary public or public notary appointed, or purporting to have been appointed, by the Court of Faculties of His Grace the Archbishop of Canterbury shall be deemed to have been, on that day, appointed under this Act as a notary public.\n> \n> > (2)  Any act, matter or thing appertaining to the office, function or practice of a notary public or public notary that was done or performed in Tasmania at any time before the commencement day by a person referred to in [subsection (1)](#GS4@Gs1@EN) has, and shall be deemed always to have had, the same force and effect as it would have had if, at that time, this Act had been in force and the name of the person had been on the Roll.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Appointment of notaries public","content":"### 5 Appointment of notaries public\n\n> > (1)  [*\\[Section 5 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja66@GC1@Hpb@EN) The Court may appoint a person as a notary public if, on application to the Court made and advertised as prescribed by the rules and accompanied by the fee so prescribed, the Court is satisfied that the person–\n> > \n> > > > (a) [*\\[Section 5 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja66@GC1@Hpa@EN) is an Australian legal practitioner of not less than 5 years' standing; and\n> > > \n> > > > (b) is of good fame and character; and\n> > > \n> > > > (c) is competent to act as a notary public; and\n> > > \n> > > > (d) has such other qualifications as may be prescribed by the rules–\n> > \n> > and that there is a need for the appointment of a notary public in the district where that person is practising as an Australian legal practitioner.\n> \n> > (2)  An appointment under [subsection (1)](#GS5@Gs1@EN) may be made subject to conditions imposed by the Court.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Objections","content":"### 6 Objections\n\n> A person who, as prescribed by the rules, files and serves notice in a form so prescribed objecting to an application under [section 5](#GS5@EN) may, in person or by counsel, appear before the Court and be heard in opposition to the application.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Roll of notaries public","content":"### 7 Roll of notaries public\n\n> > (1)  The Registrar shall establish and maintain a Roll of notaries public in which shall be entered the name of, and any prescribed particulars relating to –\n> > \n> > > > (a) a person referred to in [section 4](#GS4@EN) [(1)](#GS4@Gs1@EN) whose appointment, or purported appointment, by the Court of Faculties so referred to has not been revoked; and\n> > > \n> > > > (b) a person who is appointed under [section 5](#GS5@EN) as a notary public.\n> \n> > (2)  The Registrar shall, at such times as are prescribed by the rules, make available for public inspection the names and particulars entered on the Roll.\n> \n> > (3)  The Court may, at the request of a notary public, cause the name of the notary public to be removed from the Roll.\n> \n> > (4)  [*\\[Section 7 Subsection (4) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja66@GC2@EN) *\\[Section 7 Subsection (4) amended by No. 68 of 1994, s. 3 and Sched. 1 \\]*Where the name of a notary public is removed from the roll of local lawyers, kept under the [Legal Profession Act 2007](/view/html/inforce/2026-04-12/act-2007-024) or barristers and is not then entered in the other of those rolls, the Registrar shall remove the name of the notary public from the Roll of notaries public.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Certificates of appointment","content":"### 8 Certificates of appointment\n\n> > (1)  On the application of a person whose name appears on the Roll, the Registrar shall issue to that person, under the hand of the Registrar and the Seal of the Court, a certificate of the appointment of that person as a notary public.\n> \n> > (2)  The Registrar may, on the application of a person to whom any such certificate was issued, 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.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Powers of notaries public","content":"### 9 Powers of notaries public\n\n> For the removal of doubts it is declared –\n> \n> > > (a) that a notary public appointed or deemed to have been appointed under this Act may exercise all such powers and authorities throughout Tasmania as may lawfully be exercised by a notary public in the United Kingdom; and\n> > \n> > > (b) that nothing in this Act affects the validity or operation within Tasmania of a notarial act duly done outside Tasmania.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Discipline of notaries public","content":"### 10 Discipline of notaries public\n\n> > (1)  The Court may, on its own motion or on cause being shown on application by any person –\n> > \n> > > > (a) reprimand a notary public; or\n> > > \n> > > > (b) suspend a notary public from practice in Tasmania for a specified period; or\n> > > \n> > > > (c) cause the name of a notary public to be removed from the Roll –\n> > \n> > or it may, in the case of such an application, dismiss the application.\n> \n> > (2)  Where the Court acts under [subsection (1)](#GS10@Gs1@EN) [(a)](#GS10@Gs1@Hpa@EN) or [(b)](#GS10@Gs1@Hpb@EN) in relation to a notary public, it may order the notary public to comply with such conditions as it thinks fit to impose.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Offences","content":"### 11 Offences\n\n> > (1)  A person shall not, on or after the commencement day, do or perform in Tasmania any act, matter or thing appertaining to the office, function or practice of a notary public unless the name of that person is on the Roll.\n> \n> > (2)  A notary public shall not –\n> > \n> > > > (a) while suspended from practice under [section 10](#GS10@EN) [(1)](#GS10@Gs1@EN) ; or\n> > > \n> > > > (b) [*\\[Section 11 Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@J166@GC3@EN) while suspended from practice as an Australian legal practitioner–\n> > \n> > do or perform in Tasmania any act, matter or thing appertaining to the office, function or practice of a notary public.\n> \n> > (3)  A person who contravenes [subsection (1)](#GS11@Gs1@EN) or [(2)](#GS11@Gs2@EN) is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Rules","content":"### 12 Rules\n\n> The judges of the Supreme Court or a majority of them may make rules for the purposes of this Act and in particular for, or with respect to –\n> \n> > > (a) prescribing qualifications (including the completion of a specified course or the passing of a specified examination) for appointment as a notary public; or\n> > \n> > > (b) prescribing a form of oath to be taken by a notary public; or\n> > \n> > > (c) prescribing the particulars to be entered in the Roll; or\n> > \n> > > (d) prescribing a form of certificate of appointment as a notary public; or\n> > \n> > > (e) regulating the professional practice, conduct and discipline of a notary public.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Repeal of United Kingdom Act","content":"### 13 Repeal of United Kingdom Act\n\n> The Act passed in England in the 41st year of the reign of His late Majesty King George the Third entitled \"An Act for the better Regulation of Publick Notaries in England\" ceases to be in force in Tasmania.","sortOrder":12}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act replaces the earlier English statute and transfers control of notarial appointment, registration and discipline to Tasmanian authorities: it deems existing locally practising notaries appointed under this Act and establishes a Roll, Court appointment/discipline powers and Registrar functions (ss 4,7,13)."},"complexity_factors":["Transitional deeming of prior appointments into the new statutory scheme (s 4)","Discretionary appointment and discipline powers vested in the Supreme Court, including conditions and removal (ss 5,10)","Delegation to Court-made rules for many technical details: qualifications, forms, particulars, practice and discipline (s 12)","Operational role for the Registrar in maintaining the Roll, issuing certificates and publishing particulars (ss 7,8)","Criminal prohibition and summary penalty for unregistered or suspended practice (s 11)","Interplay with external professional rolls (removal triggered by changes under the Legal Profession Act) creating cross‑instrument dependency (s 7(4))","Procedural requirements for applications and objections involving prescribed advertising, forms and fees (ss 5,6)"],"plain_english_summary":"This Act creates a Tasmanian statutory regime for appointing, registering and disciplining notaries public, replacing the earlier UK Act (ss 4,5,7,13). It deems locally practising notaries already in office as appointed and requires a name on the Roll to lawfully perform notarial acts (ss 4,7,11).\n\nApplications must meet prescribed qualifications, advertising and fee requirements; the Supreme Court appoints and disciplines and may impose conditions; the Registrar maintains the Roll and issues certificates; unregistered or suspended persons face summary fines (ss 5,6,8,10,11,12)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing a Tasmanian system for appointing and regulating notaries public. The 2007 amendments updated terminology (replacing 'barrister and solicitor' with 'Australian legal practitioner') to align with national legal profession reforms, but did not expand the scope beyond notarial regulation. The repeal of the 1801 UK Act (s.13) was part of the original intent to replace imperial legislation with local law."},"complexity_factors":["Only 4 defined terms in the interpretation section (commencement day, Court, Registrar, Roll, rules)","Straightforward sequential structure with 13 sections, no complex cross-referencing between Parts","Minimal conditional logic—primarily simple 'if-then' qualifications for appointment","No nested exceptions or deeply layered subsections (maximum nesting is 3 levels: section/subsection/paragraph)","Single amendment history visible (2007 amendments updating references to 'Australian legal practitioner' and the Legal Profession Act 2007)","Clear separation of powers: appointment (s.5), discipline (s.10), offences (s.11), and rule-making (s.12) are distinct and non-overlapping"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up a system for appointing and regulating **notaries public** in Tasmania. A notary public is a specially qualified lawyer who witnesses signatures, certifies documents, and performs other official acts that are recognised internationally.\n\n**Key points:**\n\n- **Who can become a notary:** The Supreme Court of Tasmania appoints notaries. To qualify, you must be an Australian lawyer with at least 5 years' experience, of good character, competent, and meet any additional requirements set by court rules. There must also be a genuine need for a notary in your area.\n\n- **Grandfathering existing notaries:** Anyone already working as a notary in Tasmania before this law started (appointed through the Archbishop of Canterbury's office) was automatically brought into the new system. Their past work is legally valid.\n\n- **Public register:** The Court maintains a **Roll** (official list) of all notaries. You can check this list to verify someone is a genuine notary.\n\n- **Powers:** Tasmanian notaries have the same powers as notaries in the United Kingdom. Documents they notarise are valid throughout Tasmania, and overseas notarised documents remain valid here too.\n\n- **Discipline:** The Court can reprimand, suspend, or strike off notaries who misbehave.\n\n- **Offences:** It's illegal to pretend to be a notary or practise while suspended. Fines apply.\n\n- **Rule-making power:** The Supreme Court judges can make detailed rules about qualifications, exams, oaths, and professional conduct.\n\n**Why it matters:**\n\nThis law ensures only qualified, trustworthy lawyers can perform notarial acts—important for international business, property transactions, and legal documents used overseas. It replaced an old English law from 1801 (from the reign of King George III) with a modern Tasmanian system."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained within its original intended scope — regulating the appointment and conduct of notaries public in Tasmania. The lack of significant amendments since at least 2008 suggests no material expansion or contraction of scope over time."},"complexity_factors":["Narrow, specialist subject matter limiting broad interpretive difficulty","Limited amendment history suggests relatively stable and straightforward provisions","Governs a small professional cohort with well-established common law and historical context","Intersection with international document authentication requirements adds a layer of complexity for end users","Insufficient full text provided to assess internal structural or definitional complexity"],"plain_english_summary":"This Act sets out Tasmania’s legal framework for appointing and regulating notaries public — qualified officials who witness and certify documents for domestic and international use. \n\nIt affects anyone seeking notarial appointment and people or businesses needing documents authenticated for overseas use (eg, property, study, legal proceedings), ensuring a recognised, regulated process for trusted certification."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/notaries-public-act-1990","history":"/api/acts/notaries-public-act-1990/history","analysis":"/api/acts/notaries-public-act-1990/analysis","conflicts":"/api/acts/notaries-public-act-1990/conflicts","importantCases":"/api/acts/notaries-public-act-1990/important-cases","documents":"/api/acts/notaries-public-act-1990/documents"}}