Peter Worrall Lawyers | Roles & Functions of Notary Public

1.	What are Notaries or Notaries Public?
2.	What is a Notarial Act?
3.	How are Notaries appointed?
4.	Do Notaries have other occupations?
5.	What is the most common function that a Notary undertakes?
6.	Why does a Notary have a Notarial Seal?
7.	What does a Notary Public have the capacity to do?
8.	Does a Notary keep records?
9.	Does a Notary charge for their services?
10.	Is a Notary the same as a Justice of the Peace or a Commissioner for Declarations?

What are Notaries or Notaries Public?

A Notary Public is an officer of the law whose function is somewhat like an international justice of the peace.

What is a Notarial Act?

A "Notarial Act" is anything undertaken by a Notary Public (including witnessing signatures to documents) in their capacity as a Notary.

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How are Notaries appointed?

Notaries in Tasmania:

(a)		have either been appointed by the Supreme Court of Tasmania under the provisions of the Notaries Public Act 1990 [available at the website www.thelaw.tas.gov.au]; or
(b)		were an historical appointment by the Archbishop of Canterbury prior to 1990, and who are by virtue of Section 4 of the Notaries Public Act 1990 deemed to be appointed as Notaries in Tasmania. Back to the Top

Do Notaries have other occupations?

All Notaries in Tasmania are senior Lawyers.

What is the most common function that a Notary undertakes?

The most common function they undertake is to notarise documents, or complete Notarial Certificates of documents that are required in foreign countries.

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Why does a Notary have a Notarial Seal?

Each Notary Public has an official Notarial Seal. This seal is in a form that is unique to each Notary. The Notarial Seal is used by the Notary in completing the notarising (execution, witnessing or certification) of documents.

What does a Notary Public have capacity to do?

A Notary Public has the legal capacity to:

(a)		attest deeds, contracts and other instruments that are to be used in most countries outside Australia;
(b)		give a "Certificate of Due Execution" of documents. This Certificate, if duly authenticated by the Notary's signature and official Notarial Seal, is accepted in all countries where Notarial Acts are recognised, as proof of the acts done in the Notary's presence and attested by the Notary;
(c)		draw up "Ship's protests" or other formal papers relating to occurrences on ship's voyages and navigation of ships as well as the carriage of cargo in ships; and
(d)		attest some other documents under specific legislation for use in the States and Territories, and the Commonwealth of Australia. Back to the Top

Does a Notary keep records?

A Notary Public is required to keep and maintain a Notarial Register of all Notarial Acts.

Does a Notary charge for their services?

A Notary is entitled to, and usually does, charge fees for undertaking all Notarial Acts. There is no set charges or fees. Notaries in Tasmania usually charge at rates equivalent to their usual hourly commercial charge for the time involved.

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10.

Is a Notary the same as a Justice of the Peace or a Commissioner for Declarations?

A Notary Public is not a Justice of the Peace or a Commissioner for Declarations. The positions of Justice of the Peace and Commissioner for Declarations are positions in the law, created for, amongst other things, witnessing Tasmanian state based documents.

If a person requires a Justice of the Peace or a Commissioner for Declarations in their local area, information is available by phoning the Legal Aid Commission, Telephone Advice Line, on (03) 1300 366 611.

Information on Notarial Documents

If you would like a document notarised, or if you need a Notarial Certificate, these are available by making an appointment at our Hobart office.

Appointments for notarial services can be made through Michelle Fitzmaurice, Peter Worrall’s Personal Assistant, on telephone number 6223 8899 or by email at michelle@pwl.com.au.

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