Victorian Consolidated Legislation

Public Notaries Act 2001 - SECT 5

Application for certificate of eligibility

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 section 4.

(2) An application under subsection (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 29 fee units 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.

(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 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.

(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 an Australian practising
certificate authorising the person to 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 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
certificate in the form prescribed by the rules of the Supreme Court.