Public Notaries Act 1997 – Section 7 – Roll of Public Notaries

Section 7 outlines the duties of the Registrar and the purpose of the roll of Notaries Public. The section is self-explanatory and reads as follows:

(1) An officer of the Admission Board designated by the Admission Board as the registrar of public notaries is to establish and maintain a roll of public notaries.
(2) The registrar must enter in the roll:

(a) the name of each person who is appointed under this Act as a public notary, and
(b) the name of the person’s firm (if any) and the address at which the person or the person’s firm practises, and
(c) any other particulars relating to the person prescribed by the rules.

(3) The registrar may remove the name of a public notary from the roll at the request of the public notary.
(4) If a person ceases to be a legal practitioner, the registrar is to remove the name of the public notary from the roll of public notaries.
(5) The registrar must remove the name of a public notary from the roll in accordance with:

(a) an order of the Court under this Act, or
(b) an order of the Administrative Decisions Tribunal under the Legal Profession Act 2004.

(6) In this section, “rules” means rules of the Court.

The Roll of Notaries Public is a list of all Notaries Public in the state of New South Wales, who have been appointed to discharge notarial duties by the Supreme Court. Certain identification information is entered onto the roll so that members of the public can locate the Notary Public in the event that their notarial services are required, although under sub-section 3 the Notary Public can request that their name be removed from the Roll.

Sub-section 7(4) makes it clear that in New South Wales a Notary Public must be a solicitor with a current practicing certificate. If a Notary Public ceases to have the lawful right to practice law in the state, his right to discharge notarial services in the state also disappears.

Under section 7(5), the Registrar will also be compelled to comply with any order the Supreme Court or the Administrative Decisions Tribunal in relation to a Notary Public’s name being removed from the roll. Presumably, this would occur pursuant to an adverse finding on a question of some allegation of misconduct under sections 6(3) and 6(4) of this Act.

Sydney notarial services (mobile in CBD, Broadway and surrounds) can be provided to meet a business’ demands, such as the witnessing of contracts, the authentication of documents, the taking of declarations, as well as the drafting of other notarial acts which are intended to be used by overseas authorities, non-government organisations (NGO) or other private institutions based outside the Commonwealth. If you are looking for a Sydney Public Notary, we look forward to hearing from you.

The explanatory information provided here is based on reprint No. 1 (9/5/’06) of the Public Notaries Act 1997 (NSW) as in force at 17/7/’09. This short article is provided for general knowledge purposes only and is not to be interpreted as formal or final legal advice. This short article is copyright to the writer.
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