Australian Capital Territory Consolidated Acts

NOTARIES PUBLIC ACT 1984 - NOTES

Dictionary

(see s 2)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     ACT

              •     Attorney-General

              •     business day

              •     daily newspaper

              •     Supreme Court.

"Legal Profession Act" means the Legal Profession Act 2006.

"registrar" means the registrar of the Supreme Court.

"roll" means the roll of notaries public for the Australian Capital Territory kept under section 8.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This Act was originally a Commonwealth ordinance—the Notaries Public Ordinance 1984 A1984-33 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

    Legislation before becoming Territory enactment

Notaries Public Act 1984 No 33

notified 23 July 1984

commenced 23 July 1984

as amended by

Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1

notified 10 May 1989 (Cwlth Gaz 1989 No S160)

s 1, s 2 commenced 10 May 1989 (s 2 (1))

sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)

    Legislation after becoming Territory enactment

Legal Practitioners (Amendment) Act 1994 No 76 sch

notified 23 November 1994 (Gaz 1994 No S247)

commenced 23 November 1994 (s 2)

Statute Law Revision (Penalties) Act 1994 No 81 sch

notified 29 November 1994 (Gaz 1994 No S253)

s 1, s 2 commenced 29 November 1994 (s 2 (1))

sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)

Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1

notified 1 December 1997 (Gaz 1997 No S380)

s 1, s 2 commenced 1 December 1997 (s 2 (1))

sch 1 commenced 1 June 1998 (s 2 (2))

Legislation (Consequential Amendments) Act 2001 No 44 pt 260

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 260 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.32

notified LR 27 October 2005

s 1, s 2 commenced 27 October 2005 (LA s 75 (1))

sch 1 pt 1.32 commenced 24 November 2005 (s 2)

Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.20

notified LR 1 December 2005

s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))

sch 1 pt 1.20 commenced 22 December 2005 (s 2 (4))

Legal Profession Act 2006 A2006-25 sch 2 pt 2.9

notified LR 21 June 2006

s 1, s 2 commenced 21 June 2006 (LA s 75 (1))

sch 2 pt 2.9 commenced 1 July 2006 (s 2)

Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.16

notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.16 commenced 16 November 2006 (s 2 (1))

Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.55

notified LR 1 September 2009

s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

sch 3 pt 3.55 commenced 22 September 2009 (s 2)

4     Amendment history

Dictionary
s 2     defs reloc to dict A2005-60 amdt 1.110
    sub A2005-60 amdt 1.111

Notes
s 3     sub A2005-54 amdt 1.225 (see also A2005-60 amdt 1.112)

Terms used in Legal Profession Act
s 3A     s 3A ins A2005-54 amdt 1.225 renum as s 3B
    ins A2005-60 amdt 1.112
    sub A2006-25 amdt 2.17

Offences against Act—application of Criminal Code etc
s 3B     (prev s 3A) ins A2005-54 amdt 1.225
    renum as s 3B R6 LA

General qualification for appointment as notary public
s 4     am 1994 No 76 sch, A2005-60 amdt 1.113, amdt 1.114

Application for appointment as notary public
s 5     am A2005-60 amdt 1.115; A2009-20 amdt 3.145

Roll of notaries public
s 8     am A2005-54 amdt 1.226

Certificate of appointment
s 10     am 1994 No 81 sch; A2005-54 amdt 1.227; A2006-42 amdt 3.141

Removal from roll
s 13     am 1997 No 96 sch 1; A2006-25 amdt 2.18

Pretending to be notary public
s 14     am 1994 No 81 sch
    sub A2005-54 amdt 1.228
    am A2005-60 amdt 1.116, amdt 1.117

Jurisdiction of Supreme Court
s 16     om A2005-60 amdt 1.118

Amendment of Seat of Government (Administration) Ordinance
s 17     om 1989 No 38 sch 1

Repeal
s 18     om 2001 No 44 amdt 1.2959

Oath or affirmation of office
sch 1 hdg     sub A2006-42 amdt 3.142
sch 1     am A2006-42 amdt 3.143

Certificate of appointment of notary public
sch 2     om A2006-42 amdt 3.144

Dictionary
dict     ins A2005-60 amdt 1.119
    am A2009-20 amdt 3.146
    def Legal Practitioners Act reloc from s 2 A2005-60 amdt 1.110
    om A2006-25 amdt 2.19
    def Legal Profession Act ins A2006-25 amdt 2.19
    def registrar reloc from s 2 A2005-60 amdt 1.110
    def roll reloc from s 2 A2005-60 amdt 1.110

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Ord 1989 No 38	31 July 1991
2	Act 1994 No 81	28 February 1995
3	Act 1997 No 96	31 March 1999
4	A2001-44	9 August 2002
5	A2005-54	24 November 2005
6	A2005-60	22 December 2005
7	A2006-25	1 July 2006
8	A2006-42	16 November 2006

© Australian Capital Territory 2009

Australian Capital Territory

A1984-33

Republication No 9

Effective: 22 September 2009

Republication date: 22 September 2009

Last amendment made by A2009-20






Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Notaries Public Act 1984

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 22 September 2009

. It also includes any amendment, repeal or expiry affecting the republished law to 22 September 2009

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Notaries Public Act 1984

Endnotes

Australian Capital Territory

Notaries Public Act 1984