Notaries Public Act 1990 (Tas)

Notaries Public Act 1990

An Act to provide for the appointment, enrolment and discipline of notaries public [Royal Assent 11 July 1990]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Notaries Public Act 1990 .

2. Commencement This Act commences on a day to be fixed by proclamation.

3. Interpretation In this Act, unless the context otherwise requires – the commencement day means the day fixed under section 2 ; the Court means the Supreme Court of Tasmania; the Registrar means the Registrar of the Supreme Court of Tasmania; the Roll means the Roll of notaries public maintained under section 7 ; rules means rules of the Court.

4. Established notaries public and confirmation of past actions (1) A person who, immediately before the commencement day, held office as, and was in practice in Tasmania as, a notary public or public notary appointed, or purporting to have been appointed, by the Court of Faculties of His Grace the Archbishop of Canterbury shall be deemed to have been, on that day, appointed under this Act as a notary public. (2) Any act, matter or thing appertaining to the office, function or practice of a notary public or public notary that was done or performed in Tasmania at any time before the commencement day by a person referred to in subsection (1) has, and shall be deemed always to have had, the same force and effect as it would have had if, at that time, this Act had been in force and the name of the person had been on the Roll.

5. Appointment of notaries public (1) The Court may appoint a person as a notary public if, on application to the Court made and advertised as prescribed by the rules and accompanied by the fee so prescribed, the Court is satisfied that the person– (a) is an Australian legal practitioner of not less than 5 years' standing; and (b) is of good fame and character; and (c) is competent to act as a notary public; and (d) has such other qualifications as may be prescribed by the rules– and that there is a need for the appointment of a notary public in the district where that person is practising as an Australian legal practitioner. (2) An appointment under subsection (1) may be made subject to conditions imposed by the Court.