Notaries Public Act 1984

The Act rests on a small number of structural concepts that define how notarial status is established and maintained.

• Eligibility and competence. The Act requires three elements for eligibility: a current unrestricted practising certificate, competence to act as a notary public, and good fame and character (s 4). The Act does not define "competent" or "good fame and character" in operational detail; those standards therefore leave evaluative judgment principally to the Supreme Court on an application (s 5, s 7).

• Judicial appointment. Appointment as a notary public is by order of the Supreme Court (s 7). The Court’s power is procedural: if satisfied the applicant is eligible, the Court must appoint. The Act prescribes the formality of the application (facts, affidavit, minimum notice before hearing) and notification obligations tied to filing (s 5).

• Public roll and certification. The registrar keeps a roll of notaries (s 8), entry on which is conditional on taking the oath or affirmation before a judge (s 9). The registrar issues a certificate under the Court seal on application (s 10). The roll must be open for public inspection without fee during ordinary business hours (s 8(4)) and must be signed by the person whose name is entered (s 8(3)).

• Evidence and presumptions. The Act gives the registrar’s certificate evidentiary effect: a certificate stating that a person’s name was or was not entered on particular dates is evidence of those matters (s 11(1)). A document purporting to be signed by the registrar is taken to be so signed unless contrary proof is adduced (s 11(2)). These provisions create an administrative evidentiary shortcut for courts and other users.

• Removal and triggers. The Supreme Court may remove a notary’s name from the roll on application if the notary’s conduct justifies removal (s 13(1)). The registrar must remove a notary’s name where the Legal Profession Act produces disciplinary outcomes,orders under the Legal Profession Act that remove a person from the roll of lawyers, or cancellation of an unrestricted practising certificate (s 13(3), (4)). The Act also requires the law society council to notify the registrar immediately if a practising certificate is cancelled (s 13(5)), and permits restoration where the cancellation is revoked (s 13(6)).

• Offences and sanctions. The Act creates specified offences: failing to return a certificate after removal (strict liability, maximum 5 penalty units) (s 10(3)-(4)), and pretending to be a notary public (maximum 50 penalty units) (s 14). The Criminal Code applies to offences under the Act (s 3B), so general principles of criminal responsibility, including defences and burdens, apply.

• Procedural protections for the applicant and openness to objections. The applicant must serve the Attorney‑General and the law society within two business days of filing (s 5(4)), give public notice within seven days (s 5(5)), and the Court cannot hear the application earlier than one month after filing (s 5(3)). Objections must be filed at least five days before the hearing, and opposing affidavits must be served on the applicant (s 6).

These concepts define a process that combines judicial gatekeeping, administrative recordkeeping, public transparency, and an interplay with legal profession disciplinary mechanisms. The Act does not create a commercial regulatory regime for notarial fees or business practices, nor does it set out detailed competence assessment criteria; those are left to judicial evaluation and, where disciplinary interaction arises, to the Legal Profession Act.

Primary direct stakeholders:

• Applicants and practising lawyers. Only persons holding a current unrestricted practising certificate are eligible to apply (s 4(a)). The immediate effect is on lawyers who seek to add notarial functions to their professional capacity. The requirement that the applicant be "competent to act as a notary public" and "of good fame and character" (s 4(b)-(c)) impacts lawyers whose disciplinary record or reputation could affect eligibility.

• The Supreme Court and its registrar. The Supreme Court decides applications, hears objections, and orders removals (ss 5-7, 13). The registrar maintains the roll, issues and duplicates certificates under seal (s 8, s 10), removes and restores names as required (s 13), and provides evidence in proceedings (s 11). The registrar also operates the public inspection facility for the roll (s 8(4)).

• Attorney-General and the law society. The Attorney-General has the explicit right to be served with an application and to object and be heard (s 5(4), s 6). The law society must receive service of the application (s 5(4)) and has the statutory duty to notify the registrar immediately if a practising certificate is cancelled (s 13(5)). The law society therefore has a procedural and supervisory role: it is a formal procedural recipient and a compliance notifier.

• The public and third parties. The Act gives any person standing to object to an appointment (s 6). The roll is open for public inspection without fee (s 8(4)). This affects users who rely on notarial capacity for transactional certainty, by providing a public check on whether a provider is lawfully appointed.

Indirect or consequential stakeholders:

• Clients of notaries. While the Act does not regulate fees or service quality directly, it affects clients by determining who may lawfully perform notarial acts in the ACT (s 12 limits exercise of functions to the ACT). Clients who receive notarial services from persons not on the roll may have transactions at risk under s 14 (pretending to be a notary).

• Law firms and employers. Firms that employ lawyers seeking appointment will bear administrative and possibly financial costs associated with an application (time preparing affidavit, publication of notice, serving documents), and may bear reputational exposure if firm members are removed from the roll.

• Prosecutorial and enforcement agencies. Offences under the Act (s 10(3), s 14) fall within criminal law principles (s 3B). Police and prosecutorial authorities are the entities that ultimately pursue breaches, but the Act does not set out a distinct enforcement agency.

• Courts nationally and foreign authorities. The Act restricts notarial functions to exercise within the ACT (s 12), which may affect cross‑jurisdictional matters where documents are to be used interstate or internationally. The Act also provides a mechanism for evidentiary proof of appointment that courts and regulators elsewhere may rely on (s 11).

The distribution of decision-making power: the Supreme Court decides appointments and removals; the registrar carries out recordkeeping duties; the Attorney-General and any member of the public can object; and the law society acts as a mandatory notifier of practising certificate cancellations (ss 5-7, 8, 11, 13). Costs are borne primarily by applicants (application, affidavit, public notice, legal costs to resist objections), and by the public if prosecutions or judicial removal proceedings are initiated. The Act creates concentrated decision-making authority (the Court and registrar) with diffuse public transparency and standing to object (s 6, s 8(4)).

This section sets out the operative duties imposed by the Act and the principal rights it creates.

Duties imposed by the Act

• Duty to hold and keep a current unrestricted practising certificate. Eligibility is conditional on holding a current unrestricted practising certificate (s 4(a)). While not expressed as an ongoing statutory duty, the continuing requirement is enforced by mandatory removal if the practising certificate is cancelled (s 13(4)) and the law society’s duty to notify the registrar (s 13(5)).

• Application procedures. Applicants must set out all facts relied upon and verify the application by affidavit (s 5(2)(a)-(b)). They must serve the Attorney‑General and the law society within two business days after filing (s 5(4)), and publish public notice within seven days (s 5(5)). The Court cannot hear the application earlier than one month after filing (s 5(3)).

• Oath/affirmation and signature. A person appointed must take the oath or affirmation before a judge before their name is entered on the roll (s 9(1)-(2)), and must sign the roll after entry (s 8(3)). The oath/affirmation is prescribed in Schedule 1 and commits the notary to avoid attesting acts involving violence or fraud and to act uprightly.

• Registrar duties. The registrar must keep and alter the roll as required (s 8(1)-(2), s 13(2)), issue certificates on application and duplicates when necessary (s 10(1)-(2)), and restore names where cancellation is revoked (s 13(6)). The registrar must also ensure the roll is open for public inspection without fee during ordinary business hours (s 8(4)).

• Notification duty of the law society. The law society council must immediately notify the registrar in writing if a person’s unrestricted practising certificate is cancelled (s 13(5)).

• Service modality. The Act specifies the mode of service for documents: on the Attorney‑General, by post; on the law society, by personal delivery to the secretary or leaving at the society’s office with an apparently employed person (s 15).

Rights created by the Act

• Right to apply and to be appointed. Eligible persons have a right to apply to the Supreme Court for appointment (s 5(1)) and a mandatory order for appointment if the Court is satisfied the applicant is eligible (s 7).

• Right to public inspection. The public has the right to inspect the roll without fee during ordinary business hours (s 8(4)).

• Right to receive a certificate and duplicate. A person whose name appears on the roll may apply for and receive a certificate signed by the registrar under the Court seal; a duplicate may be issued where the registrar is satisfied circumstances justify it (s 10(1)-(2)).

• Right to be heard in objection proceedings. Any person, including the Attorney‑General, may file an objection and be heard if they follow the filing and service timelines (s 6).

• Evidentiary rights. Parties in court proceedings have access to registrar’s certificates which are admissible as evidence of roll entries, and such documents are presumed signed by the registrar unless the contrary is proved (s 11).

Limited or conditional rights

• Territorial limitation. The Act confines a notary’s statutory right to exercise functions "within the ACT" (s 12). It does not create a statutory right to act as a notary outside the Territory.

• Disciplinary dependency. A notary’s right to remain on the roll is conditional on continued good standing under the Legal Profession Act: removal follows disciplinary orders or cancellation of practising certificates (s 13(3)-(4)).

Sanctions and compliance features are set out elsewhere (s 10(3)-(4), s 14). The Act provides procedural safeguards (notice, right to be heard, affidavit verification) aimed at balancing the Court’s gatekeeping role with public transparency. Several duties are expressed in mandatory terms (for the registrar and law society), while others (competence, good fame and character) are standards the Court applies in exercising its discretion.

The Act creates a small set of express offences, imposes maximum penalties in penalty units, and imports criminal law principles via the Criminal Code. Enforcement responsibilities are not directly specified but fall within normal criminal and judicial processes.

Express offences and penalties

• Failure to return certificate on removal (s 10(3)-(4)). If a person’s name is removed from the roll, that person must return the certificate or duplicate to the registrar within one month. Failure to do so is an offence; maximum penalty 5 penalty units, and the offence is strict liability (s 10(3)-(4)). The strict liability character reduces the need for a prosecution to prove mens rea for that offence.

• Pretending to be a notary public (s 14). A person who is not a notary commits an offence if they pretend to be entitled, qualified or able to exercise the functions of a notary public, use the title, or otherwise pretend to be a notary public. Maximum penalty is 50 penalty units. The Act provides an illustrative example (using the title "notary public for the ACT" on letterhead or in an advertisement).

Penalty unit values and legal framing

• Penalty units. The endnotes state the value of a penalty unit at the republication date (21 June 2019) as $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133). That valuation converts the unit maxima into monetary terms if a penalty is imposed at that time, but the Act ties penalties to units so adjustments occur under the Legislation Act.

• Criminal Code application. Section 3B states that other legislation, especially the Criminal Code ch 2, applies in relation to offences under this Act. The Criminal Code sets out general principles of criminal responsibility,conduct, intention, recklessness, strict liability defences and burdens,so prosecutions for offences under the Act proceed with those broader legal frameworks.

Enforcement mechanisms

• Prosecution and criminal process. The Act does not specify the prosecutor or enforcement agency. Standard practice is that police and prosecutorial bodies pursue criminal offences. The presumptions created by s 11 (registrar’s certificate taken to be signed unless contrary proved) assist prosecution or civil applicants where proof of entry or removal from the roll is material.

• Judicial removal. The Supreme Court may remove a notary’s name from the roll where conduct justifies it (s 13(1)). Removal is not framed as a penal sanction; it is an administrative order of the Court and is made following an application and proof to the Court’s satisfaction. This is a non-criminal remedial mechanism independent of any criminal charges.

• Administrative obligations facilitating enforcement. The law society’s duty to advise the registrar immediately of cancellation of practising certificates (s 13(5)) operationalises disciplinary outcomes under the Legal Profession Act, ensuring the registrar can update the roll and curtail a notary’s statutory capacity.

Evidentiary facilitation

• Registrar certificates as evidence. Section 11(1) allows a registrar’s certificate stating whether a person’s name was or was not on the roll on specified dates to be used as evidence in court proceedings. Section 11(2) creates a rebuttable presumption that a document purporting to be signed by the registrar is genuine unless the contrary is proved. These provisions reduce evidentiary friction in enforcement or civil disputes concerning notarial status.

Practical enforcement risks and burdens

• Burden of proof. For offences of pretending to be a notary, prosecutors rely on the roll to establish a person was not lawfully a notary. The registrarial evidence scheme (s 11) simplifies that step.

• Strict liability offence. The strict liability character of the failure-to-return-certificate offence (s 10(4)) reduces the accused’s ability to contest mens rea, increasing the administrative enforceability of that requirement.

• Resource allocation. Enforcement costs (police, prosecutors, court resources) fall on the public. The Act does not create specific funding or administrative streams for enforcement; real-world enforcement likely depends on prioritisation against other criminal matters.

• Interaction with disciplinary outcomes. The registrar’s duty to remove on disciplinary orders (s 13(3)-(4)) means that disciplinary bodies under the Legal Profession Act indirectly effect enforcement of notarial status without separate criminal proceedings.

In sum, the Act provides a limited penal regime focused on preserving the integrity of the roll and preventing misrepresentation. The Criminal Code supplies general criminal principles. Administrative removal, registrarial evidentiary presumptions, and the law society’s notification duty are key enforcement design features.

The Act is compact and makes explicit references to other Territory statutes and Commonwealth‑derived instruments. The most important interactions are with the Legal Profession Act, the Criminal Code, the Legislation Act, and court procedure instruments.

Legal Profession Act (s 3A; ss 13(3)-(6))

• Shared terminology. Section 3A provides that a term used in the Legal Profession Act has the same meaning in this Act. This makes the acts interoperable at the definitional level and avoids duplication or divergence for terms such as "practising certificate" or other profession-related terms.

• Disciplinary linkage. Sections 13(3)-(4) create a direct operational link: if a person is a lawyer and the Supreme Court orders that the person be removed from the roll of lawyers under the Legal Profession Act, the registrar must remove the person’s name from the notaries roll (s 13(3)). Similarly, the registrar must remove a person if their unrestricted practising certificate is cancelled under the Legal Profession Act (s 13(4)). Section 13(6) allows restoration if the cancellation is revoked. The law society’s duty to notify the registrar immediately of a cancellation (s 13(5)) operationalises disciplinary decisions.

• Consequence: disciplinary sanctions and professional regulation under the Legal Profession Act automatically determine notarial status for those affected. The Act therefore imports professional regulatory outcomes rather than duplicating disciplinary processes.

Criminal Code (s 3B; notes)

• Criminal law principles. Section 3B states the Criminal Code, ch 2 applies to all offences under this Act. That means definitions of offences, criminal responsibility frameworks (intention, recklessness), and available defences under the Code apply.

• Penalty units and Legislation Act (notes). The endnotes cite the Legislation Act, s 133 for penalty unit value; the Act uses penalty units rather than fixed monetary amounts, so fine quantum changes with Legislation Act adjustments.

Court Procedures Act and Court forms (s 10 note)

• Forms and fees. The notes to s 10 state that if a form is approved under the Court Procedures Act 2004, s 8 for the certificate provision, that form must be used, and a fee for the application may be determined under the Court Procedures Act, s 13. Thus the Court Procedures Act governs procedural formality and fee-setting for certificates and possibly for filing.

Legislation Act (s 2 and notes)

• Dictionary and interpretive norms. The Act’s s 2 states the dictionary at the end is part of the Act; the Legislation Act governs the legal effect of dictionary definitions and the interpretation of notes. The Act’s procedural terms such as "public notice" are defined via the Legislation Act, and references to business day, the Attorney-General, and the Supreme Court draw on the Legislation Act’s definitions.

Role of the law society (s 5(4), s 15, s 13(5))

• Procedural recipient and notifier. The law society is a statutory recipient of service of applications (s 5(4)), has specified methods for service (s 15), and must notify the registrar immediately upon cancellation of a practising certificate (s 13(5)). The law society thereby participates in regulatory administration rather than substantive adjudication under the Act.

Conversion and historical interactions

• Self-government and conversion. The endnotes record that the Act was originally a Commonwealth ordinance and converted into an ACT enactment in 1989. The Act’s amendment history shows numerous consequential amendments aligning it with updated Territory laws (endnotes 3-4).

Territorial limitation and inter-jurisdictional practice (s 12)

• Confines to the ACT. Section 12 states a person whose name is on the roll may exercise within the ACT the functions of a notary public. This statutory limit interacts with other states’ and foreign jurisdictions’ law concerning eligibility to act as a notary. The Act does not preclude a notary who is properly appointed in another jurisdiction from performing notarial acts elsewhere; it simply confines the statutory entitlement created under this Act to the ACT.

In sum, the Act imports and relies on the Legal Profession Act for professional regulation, the Criminal Code for criminal principles, the Legislation Act for interpretation and penalty units, and the Court Procedures Act for forms and fees. Those interactions distribute regulatory labour: disciplinary decisions under the Legal Profession Act control continued notarial status; criminal sanctions operate through the Criminal Code; and the Court and registrar implement operational details.

The endnotes provide the Act’s legislative history and a record of amendments from its original form to the republication date (21 June 2019). The Act began as a Commonwealth ordinance and was converted and amended several times.

Origins and conversion

• Original instrument. The Notaries Public Act 1984 began as the Notaries Public Ordinance 1984 A1984-33, notified and commenced on 23 July 1984 (endnotes, Legislation history). It was a Commonwealth ordinance originally.

• Self-government conversion. The Australian Capital Territory (Self-Government) Act 1988 (Cwlth) converted many Commonwealth ordinances in the ACT into Territory enactments. This ordinance was converted into an ACT enactment on 11 May 1989 and the citation changed from Ordinance to Act on that date (endnotes 3).

Key amendments recorded in the endnotes

• Legal Practitioners (Amendment) Act 1994 (A1994-76). Amended s 4 and s 14 among other parts (endnotes 3 and 4 show successive modification).

• Statute Law Revision (Penalties) Act 1994 (A1994-81). Modified penalty-related provisions, notably s 10 and s 14 (endnotes).

• Legal Practitioners (Consequential Amendments) Act 1997 (A1997-96). Amendments consequential to broader legal profession law reforms (endnotes).

• Legislation (Consequential Amendments) Act 2001 (A2001-44). Further consequential changes as part of broader statute law updates (endnotes).

• Criminal Code Harmonisation Act 2005 (A2005-54) and Justice and Community Safety Legislation Amendment Act 2005 (No 4) (A2005-60). These Acts inserted or adjusted s 3A and s 3B and relocated definitions to align with the Criminal Code and Legislation Act frameworks; these amendments brought the Act into conformity with harmonised criminal law principles and interpretive arrangements (endnotes).

• Legal Profession Act 2006 (A2006-25). This Act introduced the Legal Profession Act definitions and reworked the interplay between legal profession regulation and notarial status (endnotes).

• Statute Law Amendment Act 2006 (A2006-42). Amended Schedule 1 (oath/affirmation) and office-formalities (endnotes).

• Statute Law Amendment Act 2009 (A2009-20). Further technical amendments, particularly to the dictionary and procedure parts (endnotes).

• Red Tape Reduction Legislation Amendment Act 2015 (A2015-33). Amended procedural timelines and other technical matters to reduce administrative burden (endnotes).

• Justice and Community Safety Legislation Amendment Act 2019 (A2019-17). Latest recorded amendment in the republished law, part 12 commenced 21 June 2019, which included updates to Schedule 1 and possibly other technical changes (endnotes).

Relocations and editorial changes

• The endnotes indicate multiple relocations of definitions into the dictionary (s 2 defs relocations) and re‑numbering of some sections and schedule headings over time. The Parliamentary Counsel’s Office also made authorised editorial republication changes under the Legislation Act, part 11.3; those are formal drafting updates that do not change substantive effect but are included in the republication.

Form and fee connections

• The notes to s 10 reference the Court Procedures Act 2004 as governing forms and fee-setting. Amendments over time have placed the mechanics of certificate issuance and fees under that Act’s procedural regime.

Practical effect of amendment history

• The majority of substantive amendments connect the notary regime to the modern legal profession regulatory framework (Legal Profession Act) and to harmonised criminal law principles (Criminal Code). This reflects a trend of integrating the notary regime within broader Territory professional and criminal law structures rather than leaving it as a standalone ordinance.

• The endnotes provide a table of republications and the specific Acts amending the Notaries Public Act; they serve as the canonical amendment record up to the republication date, and should be consulted if chronological trace of a particular clause is needed.

The republished Act and its endnotes make no reference to any judicial decisions interpreting the Notaries Public Act 1984. The endnotes record legislative changes and republications but do not list cases. The Act itself contains no case summaries or citations.

Implications for research and practice

• Primary reliance on the Act text. Because the republication does not record judicial interpretations, practitioners should not assume settled case law on ambiguous terms such as "competent to act as a notary public" or "good fame and character". Those standards are left to judicial application, and absent reported decisions in the republished law, their content must be tested in practice in Supreme Court applications and any subsequent judicial proceedings.

• Need for case law searches. Users seeking interpretive certainty should search the Supreme Court’s reported decisions and unreported judgments after the republication date to identify any cases applying the Act’s provisions. The Act’s procedural provisions (s 5 timelines, s 6 objection procedures, s 9 oath requirement, s 13 removal process) are likely to generate interlocutory or substantive litigation when contested; however, such litigation is not recorded in the Act’s republished text.

• Potential for novel issues. The Act leaves open several interpretive issues that could attract litigation: the scope of "competent to act as a notary public", the standard required for "good fame and character", the extent to which the Court must probe an applicant’s competency, the operation of the removal jurisdiction in s 13, and the territorial reach of notarial functions under s 12. Without reported authorities in the republished law, these remain judicially undeveloped within the Act’s text.

• Evidentiary and procedural litigation. Given the evidentiary presumptions in s 11, disputes that centre on the accuracy of roll entries or the authenticity of registrar-signed documents could produce litigation testing the legitimacy of those presumptions.

In short, the republished statute does not supply litigation history. Practitioners should conduct an external judicial search to identify any cases construing or applying the Act after its amendments and republication.

This section highlights provisions and practical points that commonly produce compliance risk, operational friction, or unintended effects.

Strict timelines and service modes

• Service to Attorney‑General within 2 business days (s 5(4)). Applicants must serve a copy of the filed application and verifying affidavit on the Attorney‑General and the law society within two business days. Failure to serve correctly risks procedural delay or objection on grounds of non‑compliance.

• Public notice within 7 days (s 5(5)). Applicants must give public notice not later than seven days after filing. The Act’s note clarifies "public notice" means an ACT government website or a daily newspaper circulating in the ACT. Publication costs and timing must be managed to avoid the Court refusing to proceed or entertaining procedural objections.

• Hearing cannot be earlier than one month after filing (s 5(3)). That minimum interval is mandatory and can be a source of delay for applicants expecting faster admission.

Objection mechanics and standing

• Any person may object (s 6). The Act permits any person, including the Attorney‑General, to file an objection at least five days before the hearing and be heard. That creates exposure to third‑party challenges, including possibly vexatious objections. The applicant must be served with affidavits intended to support the objection (s 6(b)), which imposes an evidentiary preparation burden.

Oath/affirmation timing

• Oath required before roll entry (s 9). A newly appointed notary must take the oath or make the affirmation before a judge before entry on the roll. Failure to take the oath prevents roll entry and issuance of certificate. The schedule prescribes specific wording requiring the notary not to attest acts involving violence or fraud and to act uprightly; this is a personal undertaking that may be relevant in later disciplinary or removal proceedings.

Certificate return and strict liability offence

• Return obligation and strict liability (s 10(3)-(4)). If removed from the roll, the former notary must return the certificate within one month. The offence is strict liability, so absence of fault is not a defence. Penalty maximum 5 penalty units; at the republication date that equated to $160 per unit for an individual.

Territorial limit on exercise of functions

• Exercise within the ACT only (s 12). The Act states that a person whose name is on the roll may exercise within the ACT the functions of a notary public. Practitioners must be careful about where they purport to exercise the ACT appointment. Whether an ACT notary can lawfully notarise documents to be used interstate or overseas may turn on external law rather than on the Act; the Act itself does not purport to authorise acts outside the Territory.

Interaction with Legal Profession Act

• Automatic removal on cancellation (s 13(3)-(4)). Disciplinary outcomes under the Legal Profession Act automatically affect notarial status. Practitioners facing disciplinary proceedings should be aware that loss of practising certificate will result in immediate notarial status removal and that the law society must notify the registrar immediately (s 13(5)). This removes the need for separate judicial process to disown a notary when the professional regulator has acted.

Evidentiary presumptions and their limits

• Registrar’s certificate presumed genuine (s 11). While a registrar’s certificate is admissible evidence and signature is presumed genuine unless the contrary is proved, parties can still adduce contrary proof. Control over the roll and registration records is therefore legally significant and should be carefully managed to avoid disputes.

Ambiguity of "competent" and "good fame and character"

• Open standards (s 4). The Act does not define "competent to act as a notary public" or "good fame and character". Expect the Supreme Court to develop standards case by case. Applications should include robust factual material in the affidavit to avoid rejection or to rebut potential objections.

Certificate form and Court Procedures Act

• Forms and fees. The note to s 10 references the Court Procedures Act for required forms and possible fees. Applicants should check the current Court Procedures Act forms and fee determinations rather than assuming a particular process or cost.

Potential for vexatious or strategic objections

• Any person may object (s 6). The open standing for objections allows competitors, clients, or others to challenge an application. Preparing to defend against objections requires anticipatory evidence and may impose legal costs.

Misuse of notarial title is criminalised

• Pretending to be a notary (s 14). Using the title "notary public for the ACT" while not on the roll or otherwise pretending to be a notary is an offence with a significant penalty. Firms should monitor marketing materials and letterhead to ensure only legitimately appointed persons use the title.

Document service technicalities

• Service rules in s 15 are specific. Documents must be posted to the Attorney‑General and delivered to the law society’s secretary or left at its office with an apparently employed person. Failure to observe these precise routes of service can produce arguments about defective service, with procedural consequences.

Administrative dependence on law society notifications

• Immediate notification obligation (s 13(5)). The registrar’s ability to keep the roll current depends on the law society immediately telling the registrar about practising certificate cancellations. If the law society fails to notify, a notary might retain apparant status on the roll despite a cancelled practising certificate. Conversely, prompt notification extinguishes the notary’s statutory authority without further judicial action. Practitioners must be aware of this administrative dependency.

Taken together, these "gotchas" point to the need for applicants and employers to plan timing, evidence, publication, and internal controls carefully and to ensure marketing and service activities remain within legal bounds.

This section provides a practical compliance checklist for applicants, registrars, law societies, employers and others interacting with the Act. It draws directly on the statutory requirements and procedural steps in the Act.

For applicants (lawyers seeking appointment)

1. Confirm eligibility (s 4).

   • Ensure you hold a current unrestricted practising certificate (this is a mandatory prerequisite).
   • Assemble evidence of competence to act as a notary public, and of good fame and character. The Court will assess these standards; provide detailed affidavit material addressing experience, training, continuing professional development relevant to notarial work, disciplinary history (if any), and references.

2. Prepare the application (s 5(2)).

   • Draft an application to the Supreme Court that fully and clearly sets out the facts relied upon. The application must be verified by your affidavit. Include curricula vitae, sample practice notes, any certificates of competence or training, and details of supervision or mentoring where relevant.

3. Timing and service (s 5(3)-(5)).

   • File the application: do not set the hearing before one month after filing (s 5(3)).
   • Within two business days after filing, serve a copy of the application and the verifying affidavit on the Attorney‑General and the law society (s 5(4)). Use the service modes in s 15 for the law society and post for the Attorney‑General.
   • Within seven days after filing, give public notice on an ACT government website or in a daily newspaper circulating in the ACT (s 5(5)). Retain proof of publication.

4. Anticipate objections (s 6).

   • Any person may file an objection. Prepare to respond to objections filed at least five days before the hearing; the objector must serve you with copies of every affidavit to be used in support (s 6). If objections are likely, arrange to have responsive affidavits and evidence ready.

5. Attend hearing and oath (s 7, s 9).

   • If the Supreme Court is satisfied you are eligible, it will order appointment (s 7). Prior to having your name entered on the roll, take the oath or affirmation before a Supreme Court judge per Schedule 1 (s 9). Ensure the judge is prepared to administer the oath or affirmation.

6. Apply for certificate and sign roll (s 8, s 10).

   • After entry on the roll (and signing it), apply to the registrar for your certificate of appointment (s 10(1)). If you lose the certificate, you may apply for a duplicate and the registrar may issue one if satisfied (s 10(2)).

7. Maintain professional standing.

   • Keep your unrestricted practising certificate in force. A cancellation under the Legal Profession Act will result in the registrar removing your name from the roll (s 13(4)), and the law society is required to notify the registrar (s 13(5)). If removed, you must return any certificate or duplicate to the registrar within one month, or risk a strict liability offence (s 10(3)-(4)).

For registrars and court administrators

1. Roll management (s 8).

   • Keep the roll and enter names only after the oath is taken (s 9). Ensure the roll is open for public inspection during ordinary business hours without fee (s 8(4)). Maintain accurate date-stamps and signature verifications.

2. Certificate issuance (s 10).

   • Issue certificates signed by the registrar under the Court seal on application. Maintain procedures for issuing duplicates where loss is proved or other reasonable grounds exist (s 10(2)). Record certificate numbers and recipients.

3. Removal and restoration (s 13).

   • On receiving a Court order under s 13(1), alter the roll to remove the name. On receiving notification from the law society that a practising certificate is cancelled, remove the name (s 13(4)), and on revocation restore the name (s 13(6)). Record all changes with dates and maintain documentary proof.

4. Evidentiary certification (s 11).

   • Prepare and authenticate registrar certificates that are admissible evidence in court; ensure signature records are secure, because s 11(2) shifts the burden to the party challenging authenticity.

For the law society

1. Service and public role (s 5(4), s 15).

   • Accept service of applications (deliver to secretary or accept deliveries left at office with an apparently employed person, s 15). Maintain a reliable registry practice for handling served applications and alerting relevant officers.

2. Notification obligations (s 13(5)).

   • Where the law society council cancels an unrestricted practising certificate, immediately notify the registrar in writing. Have administrative checks to detect cancellations and produce written notifications without delay.

3. Administrative assistance.

   • Where possible, provide the registrar and the Court with contact details for applicants and current practising certificate status to reduce errors and latency in registry changes.

For employers and firms

1. Marketing controls (s 14).

   • Ensure only persons who are on the roll use notarial titles on letterheads, advertisements or marketing. Misuse could expose the firm or individual to prosecution (s 14).

2. Record-keeping and client advisories.

   • Keep internal records proving an employee’s notarial appointment and certificate. Clients often request proof; a registrar’s certificate or roll inspection suffices as evidence (s 11).

General compliance notes

• Check forms and fees. Use forms approved under the Court Procedures Act and expect fees set under that Act to apply to certificate applications (note to s 10).

• Be ready to demonstrate competence and reputation. Given the Act’s open standards, provide documentary evidence and references in the affidavit.

• Manage timing and evidence. Retain proofs of service, proofs of publication for the public notice requirement, and copies of any affidavits exchanged in objection proceedings.

• Plan for cross-border use of documents. If intended use is interstate or international, verify whether the ACT appointment and notarial act will be accepted by recipient jurisdictions, and consider apostille or authentication requirements under other regimes.

Following these steps aligns practice with statutory duties and reduces the risk of procedural defect, objection success, or post-appointment administrative problems.