{"id":"notaries-public-act-2016","name":"Notaries Public Act 2016","slug":"notaries-public-act-2016","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106128,"registerId":"sa-notaries-public-act-2016-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Notaries Public Act 2016","content":"South Australia\nNotaries Public Act 2016\nAn Act to provide for the admission and enrolment of notaries public and to regulate the practice of notaries public; to make related amendments to the Legal Practitioners Act 1981; and for other purposes.\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tFunctions of LPEAC\n5\tAppointment of notaries public\n6\tPowers and authorities of notary public\n7\tRoll of notaries public\n8\tInvestigations, inquiries and disciplinary proceedings\n9\tPower of Court to suspend or remove name from roll\n10\tAutomatic removal of name from roll\n11\tPerson acting as notary public contrary to Act\n12\tRegulations\nSchedule 1—Related amendments and transitional provision\nPart 1—Preliminary\n1\tAmendment provisions\nPart 2—Amendment of Legal Practitioners Act 1981\n2\tAmendment of section 14C—Functions of LPEAC\n3\tAmendment of section 17A—Conditions as to training etc\n4\tAmendment of section 21—Entitlement to practise\n5\tRepeal of Part 7\nPart 3—Transitional provision\n6\tContinuation of roll and persons admitted to the roll\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Notaries Public Act 2016.\n2—Commencement\nThis Act will come into operation on a day to be fixed by proclamation.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\ninterstate legal practitioner has the same meaning as in the Legal Practitioners Act 1981;\nlegal practitioner has the same meaning as in the Legal Practitioners Act 1981;\nlocal legal practitioner has the same meaning as in the Legal Practitioners Act 1981;\nLPEAC means the Legal Practitioners Education and Admission Council established under the Legal Practitioners Act 1981;\nRegistrar means the Registrar of the Supreme Court.\n\t(2)\tFor the purposes of this Act, a person is entitled to practise the profession of the law in this State if the person is a local legal practitioner or an interstate legal practitioner (but a person is not so entitled during any period in which the person's right to practise is under suspension).\n4—Functions of LPEAC\n\t(1)\tLPEAC has the following functions under this Act:\n\t(a)\tto make rules prescribing—\n\t(i)\tthe qualifications for admission and enrolment of a person as a notary public; and\n\t(ii)\tthe requirements for post‑admission education, training or experience for a person admitted as a notary public;\n\t(b)\tto keep the effectiveness of education and training courses and post‑admission experience under review so far as is relevant to practice as a notary public;\n\t(c)\tto monitor compliance with rules prescribed under paragraph (a).\n\t(2)\tRules prescribed by LPEAC under subsection (1) may—\n\t(a)\tbe of general, limited or varied application according to the classes of person to which they are expressed to apply; and\n\t(b)\tleave a matter to be determined according to the discretion of LPEAC or the Supreme Court.\n\t(3)\tA rule made under subsection (1)(a) may only be made after consultation with any body that represents the interests of notaries public prescribed by the regulations for the purposes of this subsection.\n\t(4)\tA rule made under subsection (1)(a)(ii) requiring notaries public to undertake further education or training or obtain further experience may only be made with the concurrence of the Attorney‑General.\n\t(5)\tRules made under subsection (1)(a)(ii) may prescribe requirements in relation to the issue or renewal of practising certificates under the Legal Practitioners Act 1981 subject to conditions.\n5—Appointment of notaries public\n\t(1)\tA person who—\n\t(a)\tis entitled to practise the profession of the law in this State; and\n\t(b)\thas been admitted and enrolled as a legal practitioner (in this State or any other State) for at least 5 years,\nmay apply to the Supreme Court to be admitted and enrolled as a notary public of the Supreme Court.\n\t(2)\tA person who, on application under subsection (1), satisfies the Supreme Court—\n\t(a)\tthat the person's entitlement to practise the profession of the law is not, in this State or any other State, subject to any limitation, restriction or other condition inconsistent with the carrying out of the functions of a notary public; and\n\t(b)\tthat—\n\t(i)\tthe person has complied with the rules relating to the qualifications for admission and enrolment of a person as a notary public made by LPEAC under section 4(1); or\n\t(ii)\tinsofar as there has been non‑compliance with those rules, the person should be exempted from such compliance; and\n\t(c)\tthat the person is a fit and proper person to practise as a notary public,\nis entitled to be admitted and enrolled as a notary public of the Supreme Court.\n\t(3)\tA person admitted as a notary public under this Act must make an oath in the prescribed form before the Registrar of the Supreme Court or a Commissioner authorised to take affidavits in the Supreme Court.\n6—Powers and authorities of notary public\nA person admitted and enrolled as a notary public under this Act has all the powers and authorities (including the power to take affidavits) exercisable by law or custom by notaries public.\n7—Roll of notaries public\n\t(1)\tThe Registrar of the Supreme Court must cause a roll to be kept of all notaries public admitted under this Act.\n\t(2)\tOn the application of a person whose name appears on the roll, the Registrar must grant a certificate in the prescribed form certifying that the person is a notary public duly authorised and admitted and enrolled to practise as such in this State.\n\t(3)\tAn apparently genuine document purporting to be a certificate under this section will, in the absence of proof to the contrary, be accepted in legal proceedings as evidence that the person named in the certificate is admitted and enrolled as a notary public.\n8—Investigations, inquiries and disciplinary proceedings\n\t(1)\tFor the purposes of the definition of unsatisfactory professional conduct in section 68 of the Legal Practitioners Act 1981, conduct of a person admitted and enrolled as a notary public in performing the functions of a notary public is taken to be conduct occurring in connection with the practice of law.\n\t(2)\tFor the purposes of the definition of professional misconduct in section 69 of the Legal Practitioners Act 1981, conduct of a person admitted and enrolled as a notary public in performing the functions of a notary public is taken to be professional conduct of a legal practitioner.\n\t(3)\tThe Legal Profession Conduct Commissioner may, without limitation, in taking action under section 77J of the Legal Practitioners Act 1981 in relation to a legal practitioner who is admitted and enrolled as a notary public, make an order imposing specified conditions on the practitioner's practising certificate (whether a practising certificate under the Legal Practitioners Act 1981 or an interstate practising certificate) relating to the practitioner's practice as a notary public.\n\t(4)\tThe Legal Practitioners Disciplinary Tribunal may, without limitation, in taking action under Part 6 of the Legal Practitioners Act 1981 in relation to a legal practitioner who is admitted and enrolled as a notary public, make an order imposing specified conditions on the practitioner's practising certificate (whether a practising certificate under the Legal Practitioners Act 1981 or an interstate practising certificate) relating to the person's practice as a notary public.\n9—Power of Court to suspend or remove name from roll\n\t(1)\tThe Supreme Court may, on its own initiative, or on the application of the Attorney‑General, the Legal Profession Conduct Commissioner or the Law Society of South Australia—\n\t(a)\tsuspend the name of a notary public from the roll of notaries public for a specified period or indefinitely; or\n\t(b)\tremove the name of a notary public from the roll of notaries public,\nif the Court considers that a ground exists for so doing.\n\t(2)\tAn application under this section—\n\t(a)\tmust be served on the notary public to whom it relates in accordance with the rules of the Supreme Court; and\n\t(b)\tmust—\n\t(i)\tspecify the order sought by the applicant; and\n\t(ii)\tstate the ground for seeking the proposed order; and\n\t(iii)\tinvite the notary public to make written representations to the Court, within a time specified by the Court of not less than 7 days and not more than 28 days, as to why the order should not be made.\n\t(3)\tIf the Supreme Court makes an order suspending or removing a person's name from the roll of notaries public, the Court must give the person a written notice about the order setting out—\n\t(a)\tthe terms of the order; and\n\t(b)\tthe reasons for the order.\n10—Automatic removal of name from roll\n\t(1)\tThe name of a legal practitioner who is admitted and enrolled as a notary public under this Act is, by force of this section, taken to be removed from the roll of notaries public if—\n\t(a)\tthe person's name is removed from the roll of legal practitioners maintained under the Legal Practitioners Act 1981; or\n\t(b)\tin the case of an interstate legal practitioner, the person's name is removed from the roll kept in another State that corresponds to the roll of legal practitioners maintained under the Legal Practitioners Act 1981.\n\t(2)\tThe name of a legal practitioner who is admitted and enrolled as a notary public under this Act is, by force of this section, taken to be removed from the roll of notaries public for any period during which the legal practitioner is not entitled to practise the profession of the law in this State.\n11—Person acting as notary public contrary to Act\nIf a person acts as a notary public without being admitted and enrolled as a notary public under this Act, the person is guilty of an offence.\nMaximum penalty: $50 000.\n12—Regulations\nThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\nSchedule 1—Related amendments and transitional provision\nPart 1—Preliminary\n1—Amendment provisions\nIn this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.\nPart 2—Amendment of Legal Practitioners Act 1981\n2—Amendment of section 14C—Functions of LPEAC\nSection 14C(1)(d)—after \"assigned to LPEAC by this Act\" insert:\nor any other Act\n3—Amendment of section 17A—Conditions as to training etc\nSection 17A—after subsection (7) insert:\n\t(8)\tFor the purposes of this section insofar as it relates to a legal practitioner who is admitted and enrolled as a notary public under the Notaries Public Act 2016, a reference to rules made by LPEAC includes rules made by LPEAC under that Act.\n4—Amendment of section 21—Entitlement to practise\nSection 21(3)(r)—delete \"public notary\" and substitute:\nnotary public admitted and enrolled under the Notaries Public Act 2016\n5—Repeal of Part 7\nPart 7—delete the Part\nPart 3—Transitional provision\n6—Continuation of roll and persons admitted to the roll\nThe roll of all public notaries kept by the Registrar of the Supreme Court under Part 7 of the Legal Practitioners Act 1981 immediately before the commencement of this Act continues after that commencement as the roll of notaries public required to be kept by the Registrar of the Supreme Court under section 7 of this Act and a person listed on that roll is taken to be admitted as enrolled as a notary public under this Act.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2016\n42\nNotaries Public Act 2016 \n29.9.2016\n1.2.2018 (Gazette 28.11.2017 p4752)\n2025\n51\nLegal Practitioners (Disciplinary Matters and Fidelity Fund) Amendment Act 2025\n20.11.2025\nSch 1 (cl 1)—1.9.2026 (Gazette 5.2.2026 p196)\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act relocates notary regulation out of Part 7 of the Legal Practitioners Act 1981 into a separate Notaries Public Act (Schedule 1, cl 5–6). It centralises rulemaking and qualification standards with LPEAC (s4; Sch 1 cl 2–3), introduces a specified minimum five‑year admission requirement for applicants (s5(1)(b)), and expressly ties notarial conduct and disciplinary powers to existing legal profession regulators (ss8–10). These changes alter where and how notaries are governed and the processes for admission, discipline and removal."},"complexity_factors":["Cross‑references and interaction with the Legal Practitioners Act 1981 (multiple provisions and Schedule amendments)","Delegation of substantive rulemaking to LPEAC with scope for varied application and discretion (s4(1)–(2))","Requirement for Attorney‑General concurrence for post‑admission education rules (s4(4))","Disciplinary integration with existing legal profession regulators and powers to impose practising‑certificate conditions (s8(3)–(4))","Automatic removal mechanics tied to removal from legal practitioners' rolls and periods of non‑entitlement to practise (s10)","Transitional continuity and repeal of prior Part 7 to migrate existing notaries to the new roll (Schedule 1, cl 5–6)","Criminal sanction for unauthorised practice with a significant monetary penalty (s11)","Evidentiary rule for certificates issued from the roll (s7(3))"],"plain_english_summary":"This Act creates a standalone statutory framework for admitting, enrolling and regulating notaries public in South Australia. It affects legal practitioners who want to act as notaries by setting a five‑year minimum admission requirement, giving the Legal Practitioners Education and Admission Council rulemaking power over qualifications and training, tying notarial discipline to existing legal‑practice regulators, and making it an offence to act as a notary without enrolment."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing a dedicated statutory framework for the admission, enrolment, and regulation of notaries public. It does not expand beyond this core function into broader legal profession regulation or unrelated matters."},"complexity_factors":["Only 4 defined terms in the interpretation section (section 3), with 3 of those being references to definitions in another Act","Straightforward structure: 12 main sections plus a short Schedule of amendments","Minimal conditional logic—primarily simple eligibility criteria in section 5","Cross-references limited to the Legal Practitioners Act 1981 (the main lawyer regulation law)","No nested exceptions or deeply layered subsections","Transitional provision (Schedule 1, Part 3) is a single clause preserving existing notaries"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a standalone system for appointing and regulating **notaries public** in South Australia. Notaries are senior lawyers who witness signatures, certify documents, and perform other official functions—particularly for documents used overseas.\n\n**Key points:**\n\n- **Who can become a notary?** You must already be a qualified lawyer (called a \"legal practitioner\") with at least 5 years' experience, and you must apply to the Supreme Court.\n\n- **What does the Legal Practitioners Education and Admission Council (LPEAC) do?** This body sets the rules about what extra qualifications, training, or experience you need to become a notary. They can also require ongoing education after you're admitted.\n\n- **What powers do notaries have?** They can do everything notaries traditionally do under law or custom—including taking **affidavits** (sworn written statements used as evidence).\n\n- **How are they kept in check?** \n  - The Supreme Court can suspend or remove a notary from the roll (the official list).\n  - If a lawyer loses their practising certificate, they automatically stop being a notary too.\n  - Bad behaviour as a notary counts as professional misconduct under the Legal Practitioners Act 1981.\n\n- **What happens if someone pretends to be a notary?** That's a criminal offence with a maximum fine of $50,000.\n\n**Why it matters:**\n\nBefore this Act, notaries were regulated under the Legal Practitioners Act 1981. This law pulls them out into their own dedicated Act, giving clearer rules and better oversight. It ensures only properly qualified, experienced lawyers can perform these important international legal functions."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not retrievable. No content was provided from which to evaluate whether the Act's scope changed from its original intent."},"complexity_factors":["No legislative content was returned — the source URL produced a 404/Page Not Found error","Unable to assess actual provisions, definitions, schedules, or cross-references","Complexity score of 1 reflects absence of content, not simplicity of the underlying Act","Website migration (March 2026) appears to have broken legacy hyperlinks to SA legislation"],"plain_english_summary":"**⚠️ Content Unavailable — Page Not Found**\n\nThe actual text of the *Notaries Public Act 2016* (South Australia) could not be retrieved. The legislation database returned a 'Page Not Found' error, likely due to a website migration that occurred around **24 March 2026**.\n\n**What we do know about this Act generally:**\nA Notaries Public Act typically governs the appointment, regulation, and powers of **notaries public** — qualified legal professionals authorised to certify and authenticate documents for use in other countries (e.g., verifying signatures, certifying copies of passports, or witnessing international legal documents). It affects:\n- **Lawyers** seeking appointment as notaries\n- **Members of the public** needing documents authenticated for overseas use\n- **Businesses** engaged in international transactions\n\n**To access the actual legislation**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for 'Notaries Public Act 2016', or contact the Office of Parliamentary Counsel at OPCWeb@sa.gov.au."}},"importantCases":[],"_links":{"self":"/api/acts/notaries-public-act-2016","history":"/api/acts/notaries-public-act-2016/history","analysis":"/api/acts/notaries-public-act-2016/analysis","conflicts":"/api/acts/notaries-public-act-2016/conflicts","importantCases":"/api/acts/notaries-public-act-2016/important-cases","documents":"/api/acts/notaries-public-act-2016/documents"}}