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Notary Publics Explained
Notary Public | Public Notary | Notary
A Notary Public, Public Notary, and Notary are various descriptions of the same person.
That person is a public officer, usually a practising solicitor or attorney, who is appointed for life by a State or Territory Supreme Court, or an English Archbishop in the case of Queensland, and given statutory powers to witness documents, administer oaths, and perform other wide-ranging administrative functions of a national and international nature.
A Notary Public not only takes oaths, signs and witnesses documents for use within Australia, but also performs similar functions in respect of international documents.
Justices of the Peace (JPs) in Australia provide services similar to American notaries, but are not permitted to witness documents for use in foreign countries. Notaries have this exclusive right and are the only true international "JP" in Australia.
Notaries Public affix their official seal (usually impressed onto a red sticker) or stamp, to documents immediately under, adjacent or as near as possible to their signatures.
All Notaries' seals and signatures are officially recorded in a data base held by the Department of Foreign Affairs and Trade (DFAT), a government department authorised to issue Apostille or Authentication Certificates authenticating the signatures, seals or stamps of Notaries on Australian public documents.
Public Notaries also have their signatures, seals or stamps registered with their State or Territory Supreme Court to whom they are answerable to, or their local Notary Society, if one exists in their State or Territory, and if a member.
What does a Notary Public actually do?
A Notary Public principally:
- Attests documents and certifies their due execution for use in Australia and overseas countries
- Prepares and certifies powers of attorney, wills, deeds, contracts and other legal documents, for use in Australia and overseas countries
- Administers oaths for Australian and international documents
- Witnesses signatures to affidavits, statutory declarations, powers of attorney, contracts, and other documents, for use in Australia and overseas countries
- Verifies documents for use in Australia and overseas countries
- Certifies copy documents for use in Australia and overseas countries
- Exemplifies official documents for use internationally
- Notes and protests bills of exchange
- Prepares ships' protests
