{"id":"public-notaries-act-1992","name":"Public Notaries Act 1992","slug":"public-notaries-act-1992","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30462,"registerId":"nt-public-notaries-act-1992-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Notaries Act 1992","content":"NORTHERN TERRITORY OF AUSTRALIA\nPUBLIC NOTARIES ACT 1992\nAs in force at 1 March 2011\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Appointment of public notaries ........................................................ 1\n4A Mutual recognition local registration authority.................................. 2\n5 Oath of office ................................................................................... 2\n6 Roll of Public Notaries ..................................................................... 2\n7 Powers, &c., of public notaries ........................................................ 2\n8 Cancellation and suspension of appointment .................................. 3\n9 Cessation of appointment of public notary ....................................... 3\n10 Repeal ............................................................................................. 3\n11 Transitional ...................................................................................... 4\nSchedule 1\nSchedule 2 Imperial Acts\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 March 2011\n____________________\nPUBLIC NOTARIES ACT 1992\nAn Act to provide for the appointment and enrolment of public notaries\nand for related purposes\n1 Short title\nThis Act may be cited as the Public Notaries Act 1992.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Definitions\nIn this Act, unless the contrary intention appears:\nCourt means the Supreme Court.\nRegistrar means the Registrar of the Supreme Court.\nRoll means the Roll of Public Notaries of the Northern Territory\nmaintained under section 6.\nRules means the Rules of the Supreme Court made under the\nSupreme Court Act 1979.\n4 Appointment of public notaries\n(1) A person may, in accordance with the Rules, apply to the Supreme\nCourt for appointment as a public notary.\n(2) The Court may appoint the applicant to be a public notary if the\nCourt is satisfied that:\n(a) the applicant is:\n(i) of good fame and character; and\n(ii) competent to act as a public notary; and\n(b) there is a need for a public notary in the area where the\napplicant intends to practise.\n\nPublic Notaries Act 1992 2\n(3) The Registrar shall, as soon as practicable after the appointment by\nthe Court of a person to be a public notary, issue to the person a\ncertificate of office under the seal of the Court.\n4A Mutual recognition local registration authority\nFor the purposes of the Mutual Recognition Act 1992 of the\nCommonwealth, the Registrar is the local registration authority in\nrespect of an applicant under that Act in so far as an application\nrelates to an appointment as a public notary.\n5 Oath of office\n(1) Before being enrolled as a public notary a person must take an oath\nof office in the form in Schedule 1.\n(2) The oath must be administered by a Judge of the Court.\n6 Roll of Public Notaries\n(1) The Registrar shall cause to be kept a roll to be known as the Roll\nof Public Notaries of the Northern Territory in which the Registrar\nshall enter:\n(a) the name of each person admitted to practise as a public\nnotary; and\n(b) the date of the entry.\n(2) A person whose name is entered on the Roll shall sign the Roll.\n(3) A person may, without fee, have access to the Roll for the purpose\nof inspection during the hours that the office of the Registrar is\nopen.\n7 Powers, &c., of public notaries\nThe powers of a public notary include:\n(a) certifying documents to be filed in a foreign court or to be\nregistered in a foreign country;\n(b) taking affidavits for use interstate or internationally;\n(c) protesting, or noting protest of, bills of exchange or bills of\nlading;\n(d) verifying documents and taking affidavits to comply with the\nrequirement of a foreign law; and\n\nPublic Notaries Act 1992 3\n(e) the exercise of the powers and authorities that are usually\nexercised by a public notary in the United Kingdom.\n8 Cancellation and suspension of appointment\n(1) The Court may, by order, on the application of the Registrar or any\nperson or of its own motion, on due cause being shown, cancel or\nsuspend a person's appointment as a public notary.\n(2) Where the Court cancels or suspends a person's appointment as a\npublic notary, the Registrar shall make a notation of the cancellation\nor suspension in the Roll and the person shall, without delay,\ndeliver to the Registrar the certificate issued to the person under\nsection 4(3).\n(3) Where, on application by a person whose appointment as a public\nnotary has been suspended under subsection (1), the Court is\nsatisfied that the circumstances are such that the suspension of the\nperson's appointment ought to be revoked, the Court may, subject\nto such terms and conditions, if any, as it thinks fit, by order, revoke\nthe suspension of the person's appointment.\n(4) Where the Court, pursuant to subsection (3), revokes the\nsuspension of a person's appointment as a public notary, the\nRegistrar shall make a notation of the revocation in the Roll and\nshall return to the person his or her certificate of appointment.\n9 Cessation of appointment of public notary\n(1) A person may resign the office of public notary by notice in writing\ngiven to the Registrar.\n(2) The notice referred to in subsection (1) shall be accompanied by\nthe person's certificate of appointment as a public notary issued\nunder section 4(3).\n(3) A person ceases to hold the office of public notary when the Court,\npursuant to section 8(1), cancels or suspends the person's\nappointment.\n(4) A person referred to in subsection (3) shall send the person's\ncertificate of appointment as a public notary without delay to the\nRegistrar.\n10 Repeal\nThe Acts specified in Schedule 2, in their application to the Territory\nas laws of the Territory, are repealed.\n\nPublic Notaries Act 1992 4\n11 Transitional\n(1) In this section, the former Acts means the Acts in their application\nto the Territory, specified in Schedule 2, in force immediately before\nthe commencement of this Act.\n(2) A person who, pursuant to the former Acts had, at the\ncommencement of this Act, been appointed as a public notary for\nthe Territory is, on that commencement, deemed to have been\nappointed as a public notary under section 4.\n(3) A person referred to in subsection (2) is not required to take an oath\nor make an affirmation under section 5.\n\nSchedule 1\nPublic Notaries Act 1992 5\nSchedule 1\nsection 5\nOath of Office\nI, , [promise/swear etc. as required by Oaths, Affidavits and\nDeclarations Act 2010] that I will not make or attest an act, contract or\ninstrument in which I shall know there is violence or fraud; and in all things I\nwill act uprightly and justly in the business of a public notary, according to the\nbest of my skill and ability. [So help me God! or as appropriate]\n\nSchedule 2 Imperial Acts\nPublic Notaries Act 1992 6\nSchedule 2 Imperial Acts\nsection 10\nNumber and Year Title\n41 Geo 3 c79 An Act for the better Regulation of Publick Notaries in\nEngland\n3 & 4 Will 4 c70 An Act to alter and amend an Act of the Forty-first\nYear of His Majesty King George the Third for the\nbetter Regulation of Public Notaries in England\n6 & 7 Vict c90 An Act for removing Doubts as to the Service of\nClerks or Apprentices to Public Notaries, and for\namending the Laws regulating the Admission of Public\nNotaries\nSouth Australian Act\nNo. 14 of 1859 An Act to provide for the appointment of Public\nNotaries in South Australia, and to confirm\nappointments heretofore made of such Notaries (The\nPublic Notaries Act)\n\nENDNOTES\nPublic Notaries Act 1992 7\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nPublic Notaries Act 1992 (Act No. 37, 1992)\nAssent date 25 June 1992\nCommenced 1 August 1992 (Gaz G30, 29 July 1992, p 4)\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1 and 3 and sch 1.\n4 LIST OF AMENDMENTS\ns 4A ins No. 62, 2001, s 12\ns 5 sub No. 40, 2010, s 108\nsch 1 amd No. 40, 2010, s 109","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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Amendments inserted a mutual-recognition registration role for the Registrar (s 4A, inserted 2001) and updated the oath provisions to align with later Oaths/Affidavits legislation (amendments 2010). Those changes adjusted administrative interfaces and modernised formality but did not broaden the Act’s core scope: appointment, enrolment, registration and discipline of public notaries remain the central purpose."},"complexity_factors":["Short Act (11 sections plus 2 schedules)","Few defined terms in the interpretation section (Court, Registrar, Roll, Rules)","Cross-reference to external instruments: Rules of the Supreme Court, Supreme Court Act 1979, Mutual Recognition Act 1992, Oaths/Affidavits Act (s 4(1), s 4A, sch 1)","Discretionary, non‑quantitative standards (e.g. 'good fame and character', 'competent', 'need for a public notary') introducing interpretive complexity (s 4(2))","Procedural coupling to Court processes and Registrar duties (ss 4(3), 5(2), 6)","Transitional saving and repeal of earlier Imperial Acts (s 10, s 11, Sch 2)"],"plain_english_summary":"The Public Notaries Act 1992 creates the Northern Territory regime for appointing, enrolling and regulating public notaries. The Supreme Court decides appointments (character, competence, local need); the Registrar issues certificates, maintains the public Roll and handles mutual recognition. It affects applicants, practising notaries and users of notarised documents — and matters because it centralises gatekeeping, record‑keeping and discipline, shaping supply, access and administrative costs for notarial services."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: appointing and regulating public notaries. The only significant addition (section 4A in 2001) was to designate the Registrar as the local registration authority for mutual recognition purposes — a logical extension of the existing appointment function rather than a scope expansion. The Act has not grown to cover broader legal profession regulation or consumer protection matters."},"complexity_factors":["Only 11 sections plus 2 short schedules","5 defined terms in section 3 (Court, Registrar, Roll, Rules, and self-referential definitions)","Minimal cross-referencing — primarily internal references to other sections of the same Act","Straightforward conditional logic (e.g., 'if the Court is satisfied that...') without nested exceptions","Single amendment of substance (section 4A on mutual recognition) added in 2001; otherwise structurally simple","No delegated legislation or regulation-making powers within the Act itself","Clear purpose statement in long title that accurately reflects the content"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory law that sets up the system for appointing and regulating **public notaries** — lawyers who are specially authorised to certify documents for use overseas, take affidavits for international use, and perform other formal legal acts recognised in foreign countries.\n\n**Who it affects:**\n\n- **Lawyers** who want to become public notaries in the NT\n- **The Supreme Court of the Northern Territory**, which decides who gets appointed\n- **The Registrar of the Supreme Court**, who keeps the official list (called the \"Roll\") of notaries and issues certificates\n- **People who need documents notarised** for use in other countries (though they don't deal with this Act directly, it ensures qualified people are available to help them)\n\n**Key things the law covers:**\n\n- **How to apply:** Lawyers apply to the Supreme Court, which checks they are of good character, competent, and that there's actually a need for a notary where they want to work\n- **Taking an oath:** New notaries must swear an oath (promising to act honestly and not certify fraudulent documents) before a Judge\n- **The Roll:** The Registrar maintains an official register of all notaries that the public can inspect for free\n- **What notaries can do:** Certify documents for foreign courts, take affidavits for international use, handle bills of exchange, and generally do what UK notaries do\n- **Discipline:** The Court can suspend or cancel a notary's appointment if there's good reason, and the notary must hand back their certificate\n- **Resignation:** Notaries can resign by giving written notice and returning their certificate\n- **Mutual recognition:** The Registrar also handles applications from notaries already registered in other Australian states or territories who want to work in the NT (under national mutual recognition laws)\n\n**Why it matters:**\n\nWithout this law, there would be no clear system for authorising people to certify documents for international use. This creates trust — foreign courts and governments can rely on documents notarised under this system because they know the notary has been vetted by the Supreme Court and is subject to professional oversight."}},"importantCases":[],"_links":{"self":"/api/acts/public-notaries-act-1992","history":"/api/acts/public-notaries-act-1992/history","analysis":"/api/acts/public-notaries-act-1992/analysis","conflicts":"/api/acts/public-notaries-act-1992/conflicts","importantCases":"/api/acts/public-notaries-act-1992/important-cases","documents":"/api/acts/public-notaries-act-1992/documents"}}