Notaries Public Act 1984

This Act is the Notaries Public Act 1984.

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)).

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.

A term used in the Legal Profession Act has the same meaning in this Act.

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.

A person is eligible for appointment as a notary public if the person—

holds a current unrestricted practising certificate; and

is competent to act as a notary public; and

is of good fame and character.

An application by a person mentioned in section 4 for appointment as a notary public must be made to the Supreme Court.

An application under this section—

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

must be verified by the affidavit of the applicant.

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.

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.

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).

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—

files in the Supreme Court a notice of objection to the appointment of the applicant as a notary public; and

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.

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.

The registrar must keep a roll to be known as the roll of notaries public for the Australian Capital Territory.

Subject to section 9, the registrar must enter on the roll—

the name of each person appointed under section 7 to be a notary public; and

the date the entry is made.

A person whose name is entered on the roll under this section must sign the roll.

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.

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.

An oath or affirmation must be taken or made before a judge of the Supreme Court.

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.

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.

A person whose name is on the roll commits an offence if—

the person’s name is removed from the roll under section 13; and

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.

An offence against this section is a strict liability offence.