Review of the
Evidence Act 1958 (Vic) and
Review of the Role and Appointment of Public Notaries
Appendix C - Comparative Table of Notaries Legislation in Australia
State & Title of Act |
Requirements for Appointment |
Appointment made by Supreme Court | Power
to discipline |
Powers of Notaries |
Other Matters |
Requirement to undertake course of training | Register of Court to maintain roll |
| NSW Public Notaries Act
1985 |
Barrister and Solicitor of 5 years; good fame and character; competent to act as notary. S.5 | Yes | Resides with Supreme Court on its own motion or on motion of any person - reprimand; - suspend or - strike notary off roll. S.8. |
Same powers as before commencement of Act. S. 9(2). | Must comply with matters set out in Rule 82 of Supreme Court rules. | Yes. | Yes. Part 82.10 |
| ACT Notaries Public Act 1984. |
Holds current unrestricted practising certificate; good fame and character. S.4. | Yes | Resides with Supreme Court on application of any person remove notary from roll. S.13(1) | Exercise and perform all powers and functions of Notary Public. S. 12. | - | No. | Yes. S.8(1) |
| Tas. Notaries Public Act
1990. |
Barrister and solicitor of 5 years; good fame and character; competent to act
as notary public; need for notary public in district in which they practise. S.5. |
Yes |
Resides with Supreme Court on its own motion or an application by any person - reprimand; - suspend or - strike notary off roll. S.10(1) |
All powers of a U.K. notary. S.9. |
- | No. |
Yes. S.7(1) |
| S.A. Legal Practitioners
Act 1981 Pt. 7. |
Applicants not limited to lawyers. |
Yes |
Resides with Supreme Court. Motion to strike off can be made by
Attorney-General or Notary Society. S. 93. |
All powers and authority exercisable by law or custom by a public notary. S.
91(4) |
- | No. |
Yes. S.92(1)
|
| W A. Public Notaries Act
1979. |
Applicant to be on roll of practitioners for 3 years or if less than 3 years to have been a notary for 7 years somewhere else; good character and reputation; competent to act as a notary; need for a notary in district where applicant practising. S.7(2). | Appointment by Full Court of the Supreme Court as either a general or
district public notary. S.6(2) |
Resides with Full Court on application by any person, Court suspend or strike notaries name from roll. S.16(1) |
All powers of U.K. notary. S.15. |
Attorney-General may consult the Society re qualification of applicant. |
No. |
Yes. S.14. |
 |
Last update 19/8/99 ©Parliament of Victoria |