Profession of a Notary in Australia

An applicant for appointment as a notary should be a legal practitioner with knowledge of Australian law and commercial practice.

There are three significant differences between notaries and other lawyers.

Firstly, s notary may act for both parties to (угода) as long as there is no conflict between them. In such cases (обов`язок нотаріуса) is to ensure that the transaction that they conclude is fair to both sides.

Secondly, a notary will often need to place and complete a special clause or attach a special page on or to (документ) in order to make it valid for use overseas. In the case of some documents which are to be used in some foreign countries it may also be necessary to obtain another (посвідчення) known as an "authentication" from the Department of Foreign Affairs and Trade.

Thirdly, a notary identifies himself or herself on documents by the use of his or her individual (печатка). Such (печатки) have historical origins and are regarded by most other countries as of great importance for establishing the (автентичність) of (документа).

The principal (обов`язки) include:

1. (посвідчення документів) and their due execution for use in Australia and internationally,

2. preparation and certification of (доручення, заповіти, контракти) and other legal documents for use in Australia and internationally,

3. administering of (присяга) for use in Australia and internationally,

4. witnessing (письмове свідчення під присягою, урочиста заява про правдивість свідчень) and other documents for use in Australia and internationally,

5. (завірення копій документів) for use Australia and internationally,

6. exemplification of (офіційних документів) for use internationally,

7. noting and protesting of (перевідний вексель),

8. (вчинення морських протестів).

Australian notaries do not hold "commissions" which can expire. Once appointed they are authorized to act as a notary for life and can only be "struck off" by the Roll of Notaries for proven misconduct.

All Australian jurisdictions also have Justices of the Peace (JP) or Commissioners for Affidavits who can witness affidavits or statutory declarations and certify documents. However they can only do so if the relevant affidavit, statutory declaration or copy document is to be used only in Australia rather than in a foreign country.