Public Notaries Act 1997 (NSW)

Public Notaries Act 1997 No 98

An Act to provide for the appointment and regulation of the practice of public notaries; to repeal the Public Notaries Act 1985; to amend the Administrative Decisions Tribunal Act 1997 and Legal Profession Act 1987 consequentially; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Public Notaries Act 1997.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions In this Act: Admission Board means the NSW Legal Profession Admission Board constituted under Division 1 of Part 3 of the Legal Profession Uniform Law Application Act 2014. barrister has the same meaning as in the Legal Profession Uniform Law (NSW). Court means the Supreme Court of New South Wales. exercise a function includes perform a duty. function includes a power, authority or duty. legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Uniform Law (NSW). public notary means a person appointed and enrolled under section 6 as a public notary. registrar means the registrar of public notaries referred to in section 7 (1). roll means the roll of public notaries maintained under section 7. Society of Notaries means The Society of Notaries of New South Wales Incorporated. solicitor has the same meaning as in the Legal Profession Uniform Law (NSW).

3A Notes Notes included in this Act are explanatory notes and do not form part of this Act.

Part 2 Appointment of public notaries

4 Functions of Admission Board (1) The Admission Board has and may exercise the functions conferred or imposed on it by or under this Act. (2) In exercising those functions, the Admission Board may consult with the Society of Notaries.

5 Eligibility for appointment A person cannot be appointed as a public notary unless the person is a barrister or solicitor of not less than 5 years' standing as either a barrister or solicitor.