Whole Act
13 provisions in continuous reading order
Loading the complete Act…
The purpose of this Act is to provide for the appointment and enrolment of public notaries by the Supreme Court.
Subject to subsection (2), this Act comes into operation on a day to be proclaimed.
If this Act does not come into operation before 31 July 2002, it comes into operation on that day.
In this Act—
S. 3 def. of Australian lawyer inserted by No. 18/2005 s. 18(Sch. 1 item 89.1(a)), repealed by No. 17/2014 s. 160(Sch. 2 item 81.1(b)).
* * * * *
S. 3 def. of Australian practising certificate inserted by No. 18/2005 s. 18(Sch. 1 item 89.1(a)), amended by No. 17/2014 s. 160(Sch. 2 item 81.1(c)).
Australian practising certificate has the same meaning as in the Legal Profession Uniform Law (Victoria);
S. 3 def. of Board of Examiners substituted by No. 18/2005 s. 18(Sch. 1 item 89.1(b)), repealed by No. 17/2014 s. 160(Sch. 2 item 81.1(d)).
* * * * *
Chief Justice has the same meaning as in the Supreme Court Act 1986;
S. 3 def. of Council of Legal Education substituted by No. 18/2005 s. 18(Sch. 1 item 89.1(c)), repealed by No. 17/2014 s. 160(Sch. 2 item 81.1(d)).
* * * * *
S. 3 def. of Legal Practice Board repealed by No. 18/2005 s. 18(Sch. 1 item 89.1(d)).
* * * * *
S. 3 def. of Legal Services Board inserted by No. 18/2005 s. 18(Sch. 1 item 89.1(a)), repealed by No. 17/2014 s. 160(Sch. 2 item 81.1(d)).
* * * * *
S. 3 def. of practising certificate repealed by No. 18/2005 s. 18(Sch. 1 item 89.1(d)).
* * * * *
Prothonotary means Prothonotary of the Supreme Court;
public notary means a person enrolled in accordance with section 8 as a public notary;
S. 3 def. of roll amended by No. 17/2014 s. 160(Sch. 2 item 81.1(e)).
roll means roll of public notaries kept in accordance with section 8;
S. 3 def. of Victorian Legal Admissions Board inserted by No. 17/2014 s. 160(Sch. 2 item 81.1(a)).
Victorian Legal Admissions Board has the same meaning as in the Legal Profession Uniform Law Application Act 2014;
S. 3 def. of Victorian Legal Services Board inserted by No. 17/2014 s. 160(Sch. 2 item 81.1(a)).
Victorian Legal Services Board has the same meaning as in the Legal Profession Uniform Law Application Act 2014.
Part 2—Appointment of public notaries
S. 4 amended by No. 15/2012 s. 16 (ILA s. 39B(1)).
A person cannot be appointed as a public notary unless the person—
is a natural person; and
S. 4(1)(b) substituted by No. 18/2005 s. 18(Sch. 1 item 89.2(a)).
is an Australian lawyer; and
S. 4(1)(c) amended by No. 18/2005 s. 18(Sch. 1 item 89.2(b)).
subject to section 5(7), has held for a period of 5 years an Australian practising certificate authorising the person to engage in legal practice as a principal; and
S. 4(1)(d) substituted by No. 17/2014 s. 160(Sch. 2 item 81.2(a)).
has completed, to the satisfaction of the Victorian Legal Admissions Board, a course of study related to notarial practice approved by that Board.
S. 4(2) inserted by No. 15/2012 s. 16, amended by No. 17/2014 s. 160(Sch. 2 item 81.2(b)).
A person cannot be appointed as a public notary unless the Victorian Legal Admissions Board is satisfied that the person is a fit and proper person to be a public notary.
S. 5(1) amended by No. 17/2014 s. 160(Sch. 2 item 81.3(a)).
A person who intends to apply for appointment as a public notary must apply to the Victorian Legal Admissions Board for a certificate that the applicant is eligible for appointment in accordance with section 4.
An application under subsection (1) must be in the form prescribed by the rules of the Supreme Court.
S. 5(3) amended by Nos 10/2004 s. 15(Sch. 1 item 24), 14/2006 s. 18.
An applicant must pay to the Prothonotary a fee of 29 fee units or, if a fee is prescribed by the regulations, the prescribed fee.
S. 5(4) amended by No. 15/2012 s. 17(1).
An application must be accompanied by evidence of the matters set out in section 4(1)(b), (c) and (d) and (2).
S. 5(4A) inserted by No. 15/2012 s. 17(2), amended by No. 17/2014 s. 160(Sch. 2 item 81.3 (b)(i)).
In determining whether an applicant is a fit and proper person to be a public notary, the Victorian Legal Admissions Board must have regard to—
whether the applicant has ever been suspended from practice; and
S. 5(4A)(b) amended by No. 17/2014 s. 160(Sch. 2 item 81.3 (b)(ii)).
whether the applicant has been found guilty of either of the following within the meaning of the Legal Profession Uniform Law (Victoria)—
professional misconduct; or
unsatisfactory professional conduct; and
S. 5(4A)(c) amended by No. 17/2014 s. 160(Sch. 2 item 81.3 (b)(ii)).
whether the applicant has been found guilty of either of the following under a corresponding law within the meaning of the Legal Profession Uniform Law (Victoria)—
professional misconduct; or
unsatisfactory professional conduct; and
S. 5(4A)(d) substituted by No. 17/2014 s. 160(Sch. 2 item 81.3(c)).
whether the applicant is being investigated for a complaint containing a disciplinary matter—
within the meaning of the Legal Profession Uniform Law (Victoria); or
under a corresponding law within the meaning of that Law.
S. 5(5) amended by No. 17/2014 s. 160(Sch. 2 item 81.3(d)).
The Victorian Legal Admissions Board may require an applicant—
to provide any further evidence that the Board thinks fit in relation to any matter relevant to the Board's consideration; or
to appear in person before the Board.
S. 5(6) amended by No. 17/2014 s. 160(Sch. 2 item 81.3(d)).
The Victorian Legal Admissions Board may make any enquiries it thinks fit concerning an application under this section.
S. 5(7) amended by Nos 18/2005 s. 18(Sch. 1 item 89.3), 17/2014 s. 160(Sch. 2 item 81.3(d)).
The Victorian Legal Admissions Board may, subject to any conditions it thinks fit, dispense with or vary, in an individual case, the requirement that an applicant have held for a period of 5 years an Australian practising certificate authorising the person to engage in legal practice as a principal to the extent that the Board considers that the dispensation or variation—
does not; or
if the applicant complies with the conditions imposed by the Board, will not—
materially diminish the value of that requirement.
S. 5(8) amended by No. 17/2014 s. 160(Sch. 2 item 81.3(d)).
If it appears to the Victorian Legal Admissions Board that the applicant is eligible for appointment as a public notary, the Board must issue to the applicant a certificate in the form prescribed by the rules of the Supreme Court.
A person to whom a certificate has been issued under section 5 may apply, within 30 days after the date of issue of the certificate, to the Supreme Court constituted by the Chief Justice for appointment as a public notary.
An application must be made in accordance with the rules of the Supreme Court.
The Supreme Court constituted by the Chief Justice may appoint and enrol a person as a public notary if the person—
files with the Court the certificate issued under section 5; and
pays the fee, if any, prescribed by the regulations.
S. 7 (Heading) amended by No. 17/2014 s. 160(Sch. 2 item 81.4).
S. 7(1) amended by No. 17/2014 s. 160(Sch. 2 item 81.5).
A person may appeal to the Supreme Court constituted by the Chief Justice against a decision of the Victorian Legal Admissions Board with respect to his or her application for a certificate under section 5.
An appeal under subsection (1) must be made within 30 days after the person is notified of the decision.
An appeal under subsection (1) is to be conducted as a re-hearing.
The Supreme Court must cause to be kept a roll of the names of persons appointed as public notaries in Victoria.
The roll must include the date of birth and date of appointment as public notary of each person listed on the roll.
A person appointed as a public notary must sign the roll kept by the Supreme Court.
The appointment of a person as a public notary is effective from the time the person signs the roll.
The Supreme Court may, at the request of a public notary, cause the name of the public notary to be removed from the roll.
S. 8(6) amended by No. 18/2005 s. 18(Sch. 1 item 89.4(a)).
If a public notary ceases to be an Australian lawyer the Supreme Court must cause the name of the public notary to be removed from the roll.
S. 8(7) amended by Nos 18/2005 s. 18(Sch. 1 item 89.4(b)), 17/2014 s. 160(Sch. 2 item 81.6).
The Prothonotary must forward to the Victorian Legal Services Board the name, date of birth and date of appointment of each public notary as soon as practicable after the person has signed the roll.
Subject to subsection (2), a person, other than a person who—
is named on the roll; and
S. 9(1)(b) amended by No. 18/2005 s. 18(Sch. 1 item 89.5).
holds an Australian practising certificate that authorises the person to engage in legal practice as a principal—
must not—
hold out that the person is entitled, qualified, able or willing to practise as a public notary; or
practise as a public notary.
- 120 penalty units.
Subsection (1) does not apply to a person who is deemed by section 12(1) to be a public notary appointed under this Act.
S. 9A inserted by No. 6/2018 s. 67.
Parts 2, 3 and 4 of the Oaths and Affirmations Act 2018 apply, with any necessary modification, to any notarial act.
For the avoidance of doubt, it is declared that—
a holder of the office of public notary has the same powers, authorities, duties and functions as a holder of the office of notary public or public notary had immediately before the commencement of this Act; and
nothing in this Act affects the validity or operation within Victoria of a notarial act duly done outside Victoria.
The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
Part 4—Savings, consequential and transitional provisions
S. 12 repealed by No. 28/2007 s. 3(Sch. item 56), new s. 12 inserted by No. 15/2012 s. 18.