Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Public Notaries Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
PART 2--APPOINTMENT OF PUBLIC NOTARIES 3
4. Eligibility for appointment 3
5. Application for certificate of eligibility 3
6. Application for appointment as a public notary 4
7. Appeal from Board of Examiners 5
8. Roll of public notaries 5
PART 3--GENERAL 7
9. Offences 7
10. Effect of expression "public notary" 7
11. Regulations 8
PART 4--SAVINGS, CONSEQUENTIAL AND TRANSITIONAL
PROVISIONS 9
12. Appointment of certain public notaries and confirmation of past
actions 9
13. Consequential amendments 10
14. Statute law revision 11
ENDNOTES 12
INDEX 13
i
541180B.I1-18/5/2001 BILL LA CIRCULATION 18/5/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 16 May 2001
A BILL
to provide for the appointment and regulation of the practice of public
notaries, to amend the Legal Practice Act 1996, the Instruments Act
1958 and the Evidence Act 1958 and for other purposes.
Public Notaries Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to provide for the
appointment and enrolment of public notaries by
5 the Supreme Court.
1
541180B.I1-18/5/2001 BILL LA CIRCULATION 18/5/2001
Public Notaries Act 2001
s. 2
Act No.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day to be proclaimed.
(2) If this Act does not come into operation before
5 31 July 2002, it comes into operation on that day.
3. Definitions
In this Act--
"Board of Examiners" means Board of
Examiners for Legal Practitioners constituted
10 under the Legal Practice Act 1996;
"Chief Justice" has the same meaning as in the
Supreme Court Act 1986;
"Council of Legal Education" means Council of
Legal Education constituted under the Legal
15 Practice Act 1996;
"Legal Practice Board" means Legal Practice
Board constituted under the Legal Practice
Act 1996;
"practising certificate" has the same meaning as
20 in the Legal Practice Act 1996;
"Prothonotary" means Prothonotary of the
Supreme Court;
"public notary" means a person enrolled in
accordance with section 8 as a public notary;
25 "roll" means roll of public notaries kept in
accordance with section 8.
_______________
2
541180B.I1-18/5/2001 BILL LA CIRCULATION 18/5/2001
Public Notaries Act 2001
s. 4
Act No.
PART 2--APPOINTMENT OF PUBLIC NOTARIES
4. Eligibility for appointment
A person cannot be appointed as a public notary
unless the person--
5 (a) is a natural person; and
(b) is admitted to legal practice in Victoria; and
(c) subject to section 5(7), has held for a period
of 5 years a practising certificate authorising
the person to engage in legal practice as a
10 principal; and
(d) has completed, to the satisfaction of the
Board of Examiners, a course of study
related to notarial practice approved by the
Council of Legal Education.
15 5. Application for certificate of eligibility
(1) A person who intends to apply for appointment as
a public notary must apply to the Board of
Examiners for a certificate that the applicant is
eligible for appointment in accordance with
20 section 4.
(2) An application under sub-section (1) must be in
the form prescribed by the rules of the Supreme
Court.
(3) An applicant must pay to the Prothonotary a fee of
25 $285 or, if a fee is prescribed by the regulations,
the prescribed fee.
(4) An application must be accompanied by evidence
of the matters set out in paragraphs (b), (c) and (d)
of section 4.
3
541180B.I1-18/5/2001 BILL LA CIRCULATION 18/5/2001
Public Notaries Act 2001
s. 6
Act No.
(5) The Board of Examiners may require an
applicant--
(a) to provide any further evidence that the
Board thinks fit in relation to any matter
5 relevant to the Board's consideration; or
(b) to appear in person before the Board.
(6) The Board of Examiners may make any enquiries
it thinks fit concerning an application under this
section.
10 (7) The Board of Examiners may, subject to any
conditions it thinks fit, dispense with or vary, in
an individual case, the requirement that an
applicant have held for a period of 5 years a
practising certificate authorising the person to
15 engage in legal practice as a principal to the extent
that the Board considers that the dispensation or
variation--
(a) does not; or
(b) if the applicant complies with the conditions
20 imposed by the Board, will not--
materially diminish the value of that requirement.
(8) If it appears to the Board of Examiners that the
applicant is eligible for appointment as a public
notary, the Board must issue to the applicant a
25 certificate in the form prescribed by the rules of
the Supreme Court.
6. Application for appointment as a public notary
(1) A person to whom a certificate has been issued
under section 5 may apply, within 30 days after
30 the date of issue of the certificate, to the Supreme
Court constituted by the Chief Justice for
appointment as a public notary.
(2) An application must be made in accordance with
the rules of the Supreme Court.
4
541180B.I1-18/5/2001 BILL LA CIRCULATION 18/5/2001
Public Notaries Act 2001
s. 7
Act No.
(3) The Supreme Court constituted by the Chief
Justice may appoint and enrol a person as a public
notary if the person--
(a) files with the Court the certificate issued
5 under section 5; and
(b) pays the fee, if any, prescribed by the
regulations.
7. Appeal from Board of Examiners
(1) A person may appeal to the Supreme Court
10 constituted by the Chief Justice against a decision
of the Board of Examiners with respect to his or
her application for a certificate under section 5.
(2) An appeal under sub-section (1) must be made
within 30 days after the person is notified of the
15 decision.
(3) An appeal under sub-section (1) is to be
conducted as a re-hearing.
8. Roll of public notaries
(1) The Supreme Court must cause to be kept a roll of
20 the names of persons appointed as public notaries
in Victoria.
(2) The roll must include the date of birth and date of
appointment as public notary of each person listed
on the roll.
25 (3) A person appointed as a public notary must sign
the roll kept by the Supreme Court.
(4) The appointment of a person as a public notary is
effective from the time the person signs the roll.
(5) The Supreme Court may, at the request of a public
30 notary, cause the name of the public notary to be
removed from the roll.
(6) If a public notary ceases to be a person admitted
to legal practice in Victoria, the Supreme Court
5
541180B.I1-18/5/2001 BILL LA CIRCULATION 18/5/2001
Public Notaries Act 2001
s. 8
Act No.
must cause the name of the public notary to be
removed from the roll.
(7) The Prothonotary must forward to the Legal
Practice Board the name, date of birth and date of
5 appointment of each public notary as soon as
practicable after the person has signed the roll.
_______________
6
541180B.I1-18/5/2001 BILL LA CIRCULATION 18/5/2001
Public Notaries Act 2001
s. 9
Act No.
PART 3--GENERAL
9. Offences
(1) Subject to sub-section (2), a person, other than a
person who--
5 (a) is named on the roll; and
(b) holds a practising certificate in force under
the Legal Practice Act 1996 that authorises
the person to engage in legal practice as a
principal--
10 must not--
(c) hold out that the person is entitled, qualified,
able or willing to practise as a public notary;
or
(d) practise as a public notary.
15 Penalty: 120 penalty units.
(2) Sub-section (1) does not apply to a person who is
deemed by section 12(1) to be a public notary
appointed under this Act.
10. Effect of expression "public notary"
20 For the avoidance of doubt, it is declared that--
(a) a holder of the office of public notary has the
same powers, authorities, duties and
functions as a holder of the office of notary
public or public notary had immediately
25 before the commencement of this Act; and
(b) nothing in this Act affects the validity or
operation within Victoria of a notarial act
duly done outside Victoria.
7
541180B.I1-18/5/2001 BILL LA CIRCULATION 18/5/2001
Public Notaries Act 2001
s. 11
Act No.
11. Regulations
The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
5 necessary to be prescribed to give effect to this
Act.
_______________
8
541180B.I1-18/5/2001 BILL LA CIRCULATION 18/5/2001
Public Notaries Act 2001
s. 12
Act No.
PART 4--SAVINGS, CONSEQUENTIAL AND
TRANSITIONAL PROVISIONS
12. Appointment of certain public notaries and
confirmation of past actions
5 (1) A person who, immediately before the
commencement of this Act, held office as, and
was in practice in Victoria as, a notary public or
public notary appointed, or purporting to have
been appointed, by the Court of Faculties of His
10 Grace the Archbishop of Canterbury is deemed,
for a period of 6 months after the commencement
of this Act or until signing the roll in accordance
with sub-section (2)--
(a) to be a public notary appointed under this
15 Act; and
(b) to have satisfied the requirements of this Act
for appointment as a public notary.
(2) A person to whom sub-section (1) applies may
sign the roll within 6 months after the
20 commencement of this Act without complying
with sections 5 and 6.
(3) Any act, matter or thing relating to the office,
function or practice of a notary public or public
notary that was done or performed in Victoria at
25 any time before the commencement of this Act by
a person referred to in sub-section (1) has, and is
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
30 been on the roll.
9
541180B.I1-18/5/2001 BILL LA CIRCULATION 18/5/2001
Public Notaries Act 2001
s. 13
Act No.
13. Consequential amendments
(1) The Legal Practice Act 1996 is amended as
follows--
(a) in section 3(1), after the definition of
5 "professional indemnity insurance" insert--
' "public notary" means a person appointed
as a public notary under the Public
Notaries Act 2001;';
(b) in section 9(1), for "and registered foreign
10 practitioners" substitute ", registered foreign
practitioners and public notaries";
(c) in section 9(3), after paragraph (a) insert--
"(ab) if the practitioner is a public notary, the
date of appointment as a public notary;
15 and";
(d) in section 337(1), after "with respect to"
insert--
"--
(a)";
20 (e) in section 337(1), after "legal practice"
insert--
"; or
(b) approving the courses of study required
for appointment as a public notary".
25 (2) The Evidence Act 1958 is amended as follows--
(a) in section 107A(1), for paragraph (b)
substitute--
"(b) a public notary;";
(b) in section 123C(1), for paragraph (f)
30 substitute--
"(f) a public notary;";
10
541180B.I1-18/5/2001 BILL LA CIRCULATION 18/5/2001
Public Notaries Act 2001
s. 14
Act No.
(c) in section 127(3), for "notary public"
substitute "public notary".
(3) In section 111(1)(b) of the Instruments Act 1958,
for "notary public" substitute "public notary".
5 14. Statute law revision
In section 107(2)(c)(ii) of the Legal Practice Act
1996, for "articles of association" substitute
"constitution".
10
11
541180B.I1-18/5/2001 BILL LA CIRCULATION 18/5/2001
Public Notaries Act 2001
Endnotes
Act No.
ENDNOTES
12
541180B.I1-18/5/2001 BILL LA CIRCULATION 18/5/2001
Public Notaries Act 2001
Act No.
By Authority. Government Printer for the State of Victoria.
INDEX
Subject Clause
Act
amendments to other Acts 1314
commencement 2
purpose 1
savings and transitional provisions 12
7
Appeals
3, 5, 7
Board of Examiners
3
Definitions
3, 8
Legal Practice Board
9
Offences
3, 8
Prothonotary
Public notaries
appointment 6, 8
certificates of eligibility 5, 7
definition 3
effect of expression "public notary" 10
eligibility 45
fees 5, 6
roll 8
savings and transitional provisions 12
11
Regulations
8
Roll of public notaries
Supreme Court
appeals to 7
power to appoint and enrol public notaries 6
powers, duties regarding roll 8
13
541180B.I1-18/5/2001 BILL LA CIRCULATION 18/5/2001
[Index] [Search] [Download] [Related Items] [Help]