Public Notaries Act 1997 – Schedule 1 – Item 4 Pending Application for Appointment as Public Notary

The repeal of the old Public Notaries Act 1985 (NSW) by way of the commencement of the new Public Notaries Act 1997 (NSW) could potentially have a deleterious effect on the appointment process for candidates who commenced their applications around the time the system changed.

Clause 4 of the Fist Schedule cures any possible confusion of chaos by stating that any applications commenced under the old system are to be processed and determined under the old system. The clause reads as follows:

(1) An application for appointment of a person as a public notary that is pending immediately before the repeal of the repealed Act is to be dealt with under that Act as if that Act had continued in force and had not been repealed
(2) Clause 3 applies to a person appointed as a public notary pursuant to this clause in the same way as it applies to a public notary to whom that clause applies.

This clause 4 can be compared to the provisions of clause 8, which is a general saving provision for any acts commenced under the old scheme.

Sydney notarial services (mobile in Chatswood, Lane Cove, Artarmon and surrounds) can be offered to meet an individual’s or business needs, including the witnessing of statements, the authentication of materials, the taking of declarations, as well as the production of other notarial certificates that are intended to be used by overseas government authorities, non-government organisations (NGO) or other private institutions situated outside Australia. If you are looking for a Sydney Notary Public, we look forward to hearing from you.

The information provided on this page is based on reprint No. 1 (9.5.2006) of the Public Notaries Act 1997 (NSW) as in force on 17.7.2009. This brief article is published and intended to be used for general knowledge purposes only and is under no circumstances to be considered to be legal advice. This short article is copyright to the writer.
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