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This Act may be cited as the Public Notaries Act 1979.
This Act shall come into operation on a date to be fixed by proclamation.
In this Act, unless the context otherwise requires —
applicant means an applicant for appointment as a Public Notary;
commencement date means the date on which this Act comes into operation;
Chief Justice means the Chief Justice of Western Australia;
Court means the Supreme Court;
district means a district prescribed by rules made under section 17;
District Public Notary means a person appointed as such under and subject to this Act;
enrolled in relation to a Public Notary means a Public Notary whose name appears on the Roll of Notaries;
established Public Notary means a person who was, immediately before the commencement date, an enrolled Public Notary;
General Public Notary means a person appointed as such under and subject to this Act;
Public Notary means a General Public Notary or a District Public Notary, as the case requires;
repealed Act means the Act repealed by section 4;
Roll of Notaries means the roll preserved and continued under section 5;
section means a section of this Act;
subsection means a subsection of the section wherein the term is used;
Supreme Court (full bench) means the Supreme Court constituted by at least 3 judges.
[Section 3 amended: No. 45 of 2004 s. 37; No. 59 of 2004 s. 141; No. 21 of 2008 s. 694(2); No. 9 of 2022 s. 424.]
The Public Notaries Act 1902 is hereby repealed.
Every established Public Notary is deemed to have been duly appointed and enrolled as a General Public Notary under and subject to this Act, and acts done within the State before the commencement date by an established Public Notary under the authority of the repealed Act shall have the same force as if they were done under the authority of this Act.
The roll referred to in section 10 of the repealed Act is preserved and shall be continued as the Roll of Notaries under and subject to this Act.
Except as provided by this Act a person shall not be appointed a Public Notary.
Appointments as Public Notaries may be made only by order of the Supreme Court (full bench).
Subject to this Act, a person may be appointed a General Public Notary or a District Public Notary.
Appointments as Public Notaries of practitioners of the Court practising in the Fremantle or Perth district shall be as General Public Notaries.
[Section 6 amended: No. 45 of 2004 s. 37.]
A person who seeks to be appointed a Public Notary shall apply in the prescribed manner to the Chief Justice and shall specify whether he seeks to be appointed a General Public Notary or a District Public Notary, and in the latter case shall specify the district for which he seeks to be appointed.
To be qualified to be appointed a Public Notary the applicant shall satisfy the Chief Justice that —
the applicant is a lawyer and is not under suspension from legal practice;
he is —
a practitioner of the Court of 3 years standing and practice; or
a practitioner of the Court of less than 3 years standing and practice who has practised for 7 years as a Public Notary elsewhere;
he is of good character and reputation;
he is competent to act as a General Public Notary or a District Public Notary, as the case may be; and
there is a need for the appointment of a Public Notary in the district where the applicant is practising.
[Section 7 amended: No. 65 of 2003 s. 57(2); No. 21 of 2008 s. 694(3); No. 9 of 2022 s. 424.]
On being satisfied that an applicant is qualified to be a General Public Notary or a District Public Notary, as the case may be, the Chief Justice may grant to the applicant a certificate to that effect in the prescribed form and where he certifies that an applicant is qualified to be a District Public Notary, the Chief Justice shall specify in the certificate the district to which the certificate relates.
On grant of a certificate pursuant to section 8, the applicant shall, in the prescribed manner advertise his intention to apply to the Supreme Court (full bench), on a day not earlier than 4 weeks from the first advertisement, for appointment as a General Public Notary or a District Public Notary, as the case may be.
[Section 9 amended: No. 45 of 2004 s. 37.]
The Attorney General may at the request of the Chief Justice report on any question in proceedings before the Chief Justice by way of an application under section 7.
The Attorney General may intervene in, and contest or argue any question in proceedings before the Chief Justice by way of an application under section 7 or proceedings before the Supreme Court (full bench) by way of an application under section 9 and shall be afforded full opportunity to do so.
Where the Attorney General intervenes in proceedings as mentioned in subsection (2), he shall be deemed to be a party to the proceedings with all the rights, duties, and liabilities of such a party.
In relation to the qualifications of applicants, the Attorney General may consult any body of Notaries established, or available, in the State for that purpose.
[Section 10 amended: No. 45 of 2004 s. 37.]
Any person desiring to object to the appointment of any applicant may be heard before the Supreme Court (full bench) by himself or counsel, with or without witnesses, to oppose such appointment, but written notice, stating the grounds of such objection, shall be lodged in the Court 7 days at least before the day on which the application for appointment is made.
[Section 11 amended: No. 45 of 2004 s. 37.]
Subject to this Act, an order of the Supreme Court (full bench) appointing a Public Notary shall specify whether the appointment is as a General Public Notary or a District Public Notary, and in the latter case shall specify the district for which the appointment is made.
[Section 12 amended: No. 45 of 2004 s. 37.]