Public Notaries Act 1997 – Section 16 – Regulations

This Section creates a right on the part of the Governor to “make” Regulations under this Act. Under subsection 16(1) this power is limited to making Regulations “for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.” This means that if the Governor purports to make a Regulation which does not fall under the ambit of this subsection, the power and effect of that purported Regulation can be challenged as being outside the scope permissible under the Act.

Moreover, under subsection 16(2) the Regulations cannot be inconsistent with the provisions of the Public Notaries Act 1997 (NSW) and cannot create offences which carry a greater penalty than 5 penalty units. The term “penalty unit” is defined under the provision of section 17 of the Crimes (Sentencing Procedure) Act 1999 (NSW) as an amount equal to $110 multiplied by the number of penalty units. In this case, the Regulations that the Governor has the power to create cannot impose penalties greater than $550.00.

The Regulations which have in fact been made appear to be the Public Notaries Appointment Rules, which were made by the Admissions Board under section 9 of the Act.

Sydney notarial services (mobile in Chatswood, Lane Cove, Artarmon and surrounds) can be provided to meet an individual’s or business demands, including the witnessing of agreements, the authentication of documents, the taking of declarations, as well as the production of other notarial acts which are intended to be used by foreign authorities, non-government organisations (NGO) or other private institutions based outside the Commonwealth of Australia. If you are looking for a Notary Public in Sydney, we look forward to hearing from you.

The descriptive information published on this website is based on reprint No. 1 (9 May 2006) of the Public Notaries Act 1997 (NSW) as in force at 17 July 2009. This brief article is provided to the public for general knowledge purposes only and is under no circumstances to be treated as legal advice. This short article is copyright to the writer.