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Australian Capital Territory
Notaries Public Act 1984
A1984-33
Republication No 11
Effective: 21 June 2019
Republication date: 21 June 2019
Last amendment made by A2019-17
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Notaries Public Act 1984 (including any amendment made under
the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 21 June 2019. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
21 June 2019.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Notaries Public Act 1984
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contents 1
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Australian Capital Territory
Notaries Public Act 1984
Contents
Page
1 Name of Act 2
2 Dictionary 2
3 Notes 2
3A Terms used in Legal Profession Act 2
3B Offences against Act—application of Criminal Code etc 2
4 General qualification for appointment as notary public 3
5 Application for appointment as notary public 3
6 Objection to appointment of notary public 4
7 Appointment of notary public 4
8 Roll of notaries public 4
9 Oath or affirmation by notary public 5
10 Certificate of appointment 5
11 Evidence 6
12 Exercise of functions by notaries 6
13 Removal from roll 6
Section 1 - Notaries Public Act 1984 - Notaries Public Act 1984 | Zoe
Contents
Page
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14 Pretending to be notary public 7
15 Service of documents 8
Schedule 1 Oath or affirmation of office 9
Dictionary 10
Endnotes
1 About the endnotes 11
2 Abbreviation key 11
3 Legislation history 12
4 Amendment history 15
5 Earlier republications 17
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Australian Capital Territory
Notaries Public Act 1984
An Act relating to notaries public
Section 1
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1 Name of Act
This Act is the Notaries Public Act 1984.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3A Terms used in Legal Profession Act
A term used in the Legal Profession Act has the same meaning in this
Act.
3B Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Section 4
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4 General qualification for appointment as notary public
A person is eligible for appointment as a notary public if the person—
(a) holds a current unrestricted practising certificate; and
(b) is competent to act as a notary public; and
(c) is of good fame and character.
5 Application for appointment as notary public
(1) An application by a person mentioned in section 4 for appointment as
a notary public must be made to the Supreme Court.
(2) An application under this section—
(a) must set out fully and clearly the facts relied on to establish that
the applicant is eligible to be appointed as a notary public; and
(b) must be verified by the affidavit of the applicant.
(3) An application under this section must not be set down for hearing on
a date that is earlier than 1 month after the day the application is filed.
(4) An applicant must, within 2 business days after filing an application
under this section, serve a copy of the application, together with a
copy of the affidavit verifying the application, on the Attorney-
General and on the law society.
(5) An applicant must give public notice of the making of an application
under this section not later than 7 days after the day the application
was filed.
Note Public notice means notice on an ACT government website or in a daily
newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
Section 6
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6 Objection to appointment of notary public
The Attorney-General or anyone else may object to the appointment
of a person as a notary public on an application under section 5 and
may be heard on the hearing of the application if, at least 5 days
before the date fixed for the hearing of the application, the
Attorney-General or other person—
(a) files in the Supreme Court a notice of objection to the
appointment of the applicant as a notary public; and
(b) serves on the applicant a copy of the notice of objection together
with a copy of every affidavit intended to be used in support of
the objection.
7 Appointment of notary public
If, on hearing an application under section 5, the Supreme Court is
satisfied that the applicant is eligible to be appointed as a notary
public, the court must make an order appointing the applicant to be a
notary public for the ACT.
8 Roll of notaries public
(1) The registrar must keep a roll to be known as the roll of notaries
public for the Australian Capital Territory.
(2) Subject to section 9, the registrar must enter on the roll—
(a) the name of each person appointed under section 7 to be a notary
public; and
(b) the date the entry is made.
(3) A person whose name is entered on the roll under this section must
sign the roll.
(4) The roll must be open for public inspection at the office of the
registrar without fee during the ordinary business hours of the offices
of the Supreme Court.
Section 9
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9 Oath or affirmation by notary public
(1) A person appointed under section 7 to be a notary public must, before
having his or her name entered on the roll, take an oath or make an
affirmation of office in accordance with the form in schedule 1.
(2) An oath or affirmation must be taken or made before a judge of the
Supreme Court.
10 Certificate of appointment
(1) On the application of a person whose name appears on the roll, the
registrar must issue to the person a certificate, signed by the registrar
and under the seal of the Supreme Court.
Note 1 If a form is approved under the Court Procedures Act 2004, s 8 for this
provision, the form must be used.
Note 2 A fee for the application may be determined under the Court Procedures
Act 2004, section 13.
(2) The registrar may, on the application of a person to whom a certificate
was issued under subsection (1), 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.
(3) 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;
and
(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.
Maximum penalty: 5 penalty units.
(4) An offence against this section is a strict liability offence.
Section 11
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11 Evidence
(1) In any proceeding in a court, a certificate signed by the registrar
stating that on a date or dates or during a period specified in the
certificate the name of a person specified in the certificate was or was
not entered on the roll is evidence of the matters so stated.
(2) For subsection (1), a document that purports to have been signed by
the registrar must be taken to have been so signed unless the contrary
is proved.
12 Exercise of functions by notaries
A person whose name is on the roll may exercise within the ACT the
functions of a notary public.
13 Removal from roll
(1) If, on the application of any person, it is proved to the satisfaction of
the Supreme Court that the conduct of a notary public has been such
as to justify it in so doing, the court may, by order, direct that the
name of the notary public be removed from the roll.
(2) If the Supreme Court makes an order under subsection (1) directing
that the name of a notary public be removed from the roll, the registrar
must alter the roll by removing the name of that person.
(3) The registrar must remove the name of a person from the roll if—
(a) the person is a lawyer; and
(b) the Supreme Court makes an order under the Legal Profession
Act that the name the person be removed from the roll of lawyers
kept under that Act.
(4) The registrar must remove the name of a person from the roll if—
(a) the person holds an unrestricted practising certificate; and
(b) the practising certificate is cancelled under the Legal Profession
Act.
Section 14
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(5) If the unrestricted practising certificate of a person who is on the roll
is cancelled under the Legal Profession Act, the law society council
must immediately tell the registrar, in writing, about the cancellation.
(6) If the registrar has removed the name of a person from the roll under
subsection (4) because the law society has cancelled the person’s
practising certificate, the registrar must restore the person’s name to
the roll if—
(a) the law society council revokes its decision to cancel the
certificate; or
(b) the Supreme Court makes an order revoking the cancellation of
the certificate.
14 Pretending to be notary public
A person commits an offence if—
(a) the person is not a notary public; and
(b) the person—
(i) pretends to be entitled, qualified or able to exercise the
functions of a notary public; or
(ii) uses the title of notary public; or
(iii) otherwise pretends to be a notary public.
Maximum penalty: 50 penalty units.
Example for par (b)
using ‘notary public for the ACT’ on letterhead or in an advertisement
Section 15
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15 Service of documents
(1) A document must be served on the Attorney-General by post.
(2) A document may be served on the law society—
(a) by delivering the document to the secretary of the law society;
or
(b) by leaving the document at the office of the law society with a
person apparently employed by the law society.
Oath or affirmation of office Schedule 1
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Schedule 1 Oath or affirmation of office
(see s 9)
Notaries’ oath
I swear (or the person taking the oath may promise) by Almighty God (or the
person may name a god recognised by the person’s religion) that I will not
make or attest any act, contract or instrument in which I know there is violence
or fraud; and in all things I will act uprightly and justly in the office of a notary
public according to the best of my skill and ability.
Notaries’ affirmation
I solemnly declare and affirm that I will not make or attest any act, contract or
instrument in which I know there is violence or fraud; and in all things I will act
uprightly and justly in the office of a notary public according to the best of my
skill and ability.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• Attorney-General
• business day
• Supreme Court.
Legal Profession Act means the Legal Profession Act 2006.
registrar means the registrar of the Supreme Court.
roll means the roll of notaries public for the Australian Capital
Territory kept under section 8.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
This Act was originally a Commonwealth ordinance—the Notaries Public
Ordinance 1984 A1984-33 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)
converted most former Commonwealth ordinances in force in the ACT into ACT
enactments. This allowed the ACT Legislative Assembly to amend and repeal the
laws. This Act was converted into an ACT enactment on 11 May 1989 (self-
government day).
As with most ordinances in force in the ACT, the name was changed from
Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s
5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless
otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
Legislation before becoming Territory enactment
Notaries Public Act 1984 A1984-33
notified 23 July 1984
commenced 23 July 1984
as amended by
Self-Government (Consequential Amendments) Ordinance 1989
Ord1989-38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989
No S164)
Legislation after becoming Territory enactment
Legal Practitioners (Amendment) Act 1994 A1994-76 sch
notified 23 November 1994 (Gaz 1994 No S247)
commenced 23 November 1994 (s 2)
Statute Law Revision (Penalties) Act 1994 A1994-81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))
sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)
Endnotes
Legislation history 3
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Legal Practitioners (Consequential Amendments) Act 1997 A1997-96
sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 260
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 260 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.32
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.32 commenced 24 November 2005 (s 2)
Justice and Community Safety Legislation Amendment Act 2005
(No 4) A2005-60 sch 1 pt 1.20
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))
sch 1 pt 1.20 commenced 22 December 2005 (s 2 (4))
Legal Profession Act 2006 A2006-25 sch 2 pt 2.9
notified LR 21 June 2006
s 1, s 2 commenced 21 June 2006 (LA s 75 (1))
sch 2 pt 2.9 commenced 1 July 2006 (s 2)
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.16
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.16 commenced 16 November 2006 (s 2 (1))
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.55
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.55 commenced 22 September 2009 (s 2)
Endnotes
3 Legislation history
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Red Tape Reduction Legislation Amendment Act 2015 A2015-33
sch 1 pt 1.47
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.47 commenced 14 October 2015 (s 2)
Justice and Community Safety Legislation Amendment Act 2019
A2019-17 pt 12
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
pt 12 commenced 21 June 2019 (s 2)
Endnotes
Amendment history 4
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4 Amendment history
Dictionary
s 2 defs reloc to dict A2005-60 amdt 1.110
sub A2005-60 amdt 1.111
Notes
s 3 sub A2005-54 amdt 1.225 (see also A2005-60 amdt 1.112)
Terms used in Legal Profession Act
s 3A s 3A ins A2005-54 amdt 1.225 renum as s 3B
ins A2005-60 amdt 1.112
sub A2006-25 amdt 2.17
Offences against Act—application of Criminal Code etc
s 3B (prev s 3A) ins A2005-54 amdt 1.225
renum as s 3B R6 LA
General qualification for appointment as notary public
s 4 am A1994-76 sch, A2005-60 amdt 1.113, amdt 1.114
Application for appointment as notary public
s 5 am A2005-60 amdt 1.115; A2009-20 amdt 3.145; A2015-33
amdt 1.156
Roll of notaries public
s 8 am A2005-54 amdt 1.226
Certificate of appointment
s 10 am A1994-81 sch; A2005-54 amdt 1.227; A2006-42
amdt 3.141
Removal from roll
s 13 am A1997-96 sch 1; A2006-25 amdt 2.18
Pretending to be notary public
s 14 am A1994-81 sch
sub A2005-54 amdt 1.228
am A2005-60 amdt 1.116, amdt 1.117
Jurisdiction of Supreme Court
s 16 om A2005-60 amdt 1.118
Amendment of Seat of Government (Administration) Ordinance
s 17 om Ord1989-38 sch 1
Repeal
s 18 om A2001-44 amdt 1.2959
Oath or affirmation of office
sch 1 hdg sub A2006-42 amdt 3.142
sch 1 am A2006-42 amdt 3.143
sub A2019-17 s 31
Endnotes
Amendment history
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Certificate of appointment of notary public
sch 2 om A2006-42 amdt 3.144
Dictionary
dict ins A2005-60 amdt 1.119
am A2009-20 amdt 3.146; A2015-33 amdt 1.157
def Legal Practitioners Act reloc from s 2 A2005-60
amdt 1.110
om A2006-25 amdt 2.19
def Legal Profession Act ins A2006-25 amdt 2.19
def registrar reloc from s 2 A2005-60 amdt 1.110
def roll reloc from s 2 A2005-60 amdt 1.110