Contents (1970 - 01)
Supreme Court Rules 1970
Part 82 Public Notaries Act 1997
In this Part, unless the context or subject-matter otherwise indicates or requires:(a) Board means the Legal Practitioners Admission Board,(b) notary means a person appointed under the Public Notaries Act 1997,(c) roll means the roll of notaries mentioned in section 7 of the subject Act,(d) subject Act means the Public Notaries Act 1997.
2 Application by person approved by Board
A person who has been approved by the Board as a suitable candidate for appointment as a notary may, unless the Court otherwise orders, apply for appointment without having filed any originating process in the Court.
3 Appointment in the absence of the public etc
On an application under rule 2, the Court may make an order in the absence of the public and without any attendance by or on behalf of any person, unless the plaintiff has filed a request that the application not be dealt with under this rule.
4 Taking oath etc
(1) An applicant for appointment under section 6 of the subject Act shall, before applying to the Court for appointment, attend at a registry of the Court on appointment and:(a) take the oath of office prescribed in Form 157, and(b) sign a certificate that the oath was duly tendered and taken.(2) A registrar may administer the oath of office.
5 Particulars to be entered in the roll
The officer designated under section 7 of the Act as the registrar of public notaries shall enter in the roll:(a) the date of the notary’s appointment,(b) particulars of any penalty imposed on the notary as the result of disciplinary action, and(c) where the name of the notary is removed from the roll, the date of removal and the provision under which the removal was authorised.
7 Application under the Mutual Recognition Act
(1) This rule applies to proceedings commenced by notice under Section 19 (1) of the Mutual Recognition Act.(2) The notice must, unless the Court otherwise orders:(a) be lodged by filing it in the registry at Sydney,(b) show the name, residential address and business address of the applicant,(c) where the applicant is represented by a solicitor, show:(i) the name, address and telephone number of the solicitor, and(ii) if that solicitor has another solicitor as agent in the proceedings—the name, address and telephone number of the agent,(d) show an address for service,(e) be dated not more than 14 days before the date on which it is filed, and(f) be accompanied by a certificate which:(i) evidences the existing registration which gives rise to the entitlement of the applicant under the Mutual Recognition Act to entry in the roll,(ii) is given by the proper officer of the Supreme Court of the State or Territory where such existing registration occurred unless the document mentioned in Section 19 (3) of the Mutual Recognition Act, accompanying the notice, fulfils the requirements of this paragraph.(3) The applicant shall, on or before the day of filing, serve the notice and accompanying documents on the Society of Notaries of New South Wales Incorporated and the Board and shall file an affidavit of service within 14 days of filing the notice.(4) The applicant shall:(a) prior to, orfiling the notice, attend at a registry of the Court or at the office of the Supreme Court of his or her State or Territory and take the oath of office as a notary in Form 159A, and cause the certificate included in that form to be completed and shall:(b) within 14 days after,(c) at the time of, orfiling the notice, file the form of oath and the certificate.(d) within 14 days after,(5) Notwithstanding rule 31.2 of the Uniform Civil Procedure Rules 2005:(a) the statements and other information in the notice which are verified by statutory declaration,(b) the document mentioned in section 19 (3) of the Mutual Recognition Act, certified under section 19 (4) of that Act, accompanying the notice, andare admissible in evidence and, unless the Court otherwise orders, shall not be the subject of oral evidence by the applicant.(c) the certificate referred to in subrule (2) (f),(6) (Repealed)(7) The Court may, of its own motion, obtain information under section 37 of the Mutual Recognition Act and such information is admissible in evidence without further proof.(8) The application for enrolment made by the notice may be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant.(9) If the Court is satisfied that the applicant is entitled to enrolment, it shall order that the applicant be appointed as a notary.
8 Certificate of appointment
A person appointed as a notary shall be entitled to receive a certificate bearing the seal of the Court.