South Australia regulation

Notaries Public Regulations 2017

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

2/10 complexity

These regulations set administrative details for how the Notaries Public Act operates: they specify the recognised professional body, provide the exact wording of the oath new notaries must take, and prescribe the Registrar's certificate form. They affect people applying to be notaries, the Notaries' Society of South Australia, and the Supreme Court Registrar.

Mechanically, applicants must swear the set oath (reg 5) and obtain a certificate in the prescribed form (reg 6); the Society is the prescribed body (reg 4). Compliance costs are administrative and decision‑making and record‑keeping rest with the Registrar (reg 6).

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Notaries Public Regulations 2017

South Australia Notaries Public Regulations 2017 under the Notaries Public Act 2016

Contents 1 Short title 2 Commencement 3 Interpretation 4 Prescribed body 5 Prescribed oath 6 Roll of notaries public (certificate) Legislative history

1—Short title These regulations may be cited as the Notaries Public Regulations 2017. 2—Commencement These regulations will come into operation on the day on which the Notaries Public Act 2016 comes into operation. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Notaries Public Act 2016. 4—Prescribed body For the purposes of section 4(3) of the Act, the Notaries' Society of South Australia Incorporated is prescribed. 5—Prescribed oath For the purposes of section 5(3) of the Act, the oath to be taken by a person admitted as a notary public under the Act must be in the following form: "I, ...................................., do swear 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 business of a notary public according to the best of my skill and ability. So help me God." 6—Roll of notaries public (certificate) For the purposes of section 7(2) of the Act, the prescribed form for a certificate granted by the Registrar is as follows: I, ...................................., the Registrar of the Supreme Court of South Australia, certify that .................................... of .................................... (residence or place of business and profession or occupation), has been sworn to act uprightly and justly in the business of a notary public according to the best of his/her skill and ability, and that he/she has been authorised and admitted to act as a notary public within South Australia, and that his/her name was entered on the roll of notaries public on ...................................., and remains on the roll. Legislative history Notes • For 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. Principal regulations Year No Reference Commencement 2017 312 Gazette 28.11.2017 p4756 1.2.2018: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Notaries Public Regulations 2017

South Australia Notaries Public Regulations 2017 under the Notaries Public Act 2016

Contents 1 Short title 2 Commencement 3 Interpretation 4 Prescribed body 5 Prescribed oath 6 Roll of notaries public (certificate) Legislative history