Notary Public in Australia: Definition, Duties, Locations & Examples

In the world of legal and financial transactions, the notary public is a crucial but often overlooked figure. Whether you’re signing an overseas property deed, verifying identity for a business deal, or sending official documents abroad, a notary’s stamp is your gateway to recognition and trust. But what exactly is a notary, what do they do, and where can you find one in Australia? Let’s demystify the role of the notary public and provide practical guidance for when you’ll need one in 2025.

What Is a Notary? Defining the Role in Australia

A notary public, or simply “notary,” is a specially qualified legal professional authorised to witness signatures, certify documents, and administer oaths. In Australia, notaries are almost always senior lawyers (usually solicitors or barristers) with additional qualifications, appointed by a Supreme Court. Their powers are internationally recognised, making them essential for documents destined for overseas use.

• Notaries vs. JP (Justice of the Peace): While JPs can witness and certify many documents for use within Australia, only a notary’s certification is accepted internationally.

• International Reach: Notaries are the only Australian legal professionals authorised to certify documents for use in foreign jurisdictions.

Notaries are governed by state legislation and must adhere to strict ethical and procedural standards. As of 2025, reforms in several states have further clarified the notary’s responsibilities, particularly around identity verification and anti-fraud measures.

Duties of a Notary Public: More Than Just Witnessing Signatures

The core duties of a notary go far beyond watching someone sign a piece of paper. Here’s what you can expect from a notary public in Australia:

• Witnessing Signatures: Observing the signing of documents to verify the identity of the signer and their willingness to sign.

• Certifying Copies: Attesting that copies of original documents (passports, degrees, contracts) are true and accurate.

• Administering Oaths and Affirmations: Taking statutory declarations or affidavits, particularly for use in international courts or business transactions.

• Preparing and Notarising Powers of Attorney: For use in foreign countries—essential for property, finance, or legal arrangements abroad.

• Authenticating Identity: Rigorous identity checks, now more stringent in 2025 due to updated anti-money laundering (AML) regulations and digital ID verification.

• Assisting with Apostille and Legalisation: Guiding clients through the process of obtaining an Apostille (for countries in the Hague Convention) or consular legalisation.

Recent policy updates in 2025 have expanded the use of secure digital notarisation platforms in some states, allowing for electronic witnessing of documents under strict conditions.

Where to Find a Notary and How Notarisation Works in Practice

Notaries are available across Australia, though they are less numerous than JPs. Here’s how you can locate a notary and what to expect:

• Law Firms and Legal Practices: Most notaries operate from private law firms, especially in major cities like Sydney, Melbourne, Brisbane, and Perth.

• Notary Networks: National and state notary associations (such as the Society of Notaries of New South Wales) maintain searchable online directories.

• Public Notary Offices: Some larger towns have dedicated notary offices or public counters.

• Remote and Digital Notarisation: Since 2024, several states allow limited remote notarisation for specific document types, using video link and digital signatures—though international acceptance varies.

What to Bring: You’ll need robust identity documents (passport, driver’s licence), the documents to be notarised, and details of the overseas authority requesting notarisation. Fees are set by the notary and can range from $80 to $300+ depending on complexity and urgency.

Real-World Examples: When and Why You’ll Need a Notary in 2025

Notarisation is typically required when documents are being sent overseas or when a higher level of legal certainty is needed. Here are some common scenarios:

• Buying or Selling Property Abroad: Notaries certify powers of attorney and verify identity for real estate deals in Europe, Asia, or the US.

• International Business Transactions: Certifying company documents, board resolutions, or contracts for cross-border deals.

• Overseas Study or Employment: Certifying academic transcripts, qualifications, or employment records for foreign institutions.

• Immigration and Visa Applications: Certifying birth certificates, marriage certificates, or statutory declarations for embassies or consulates.

• Inheritance and Estates: Certifying wills, probate documents, or affidavits for international estate matters.

With the 2025 updates to AML and anti-fraud frameworks, expect more thorough identity checks and, in some cases, the requirement for in-person appointments even if a digital option is available.

Conclusion: Why Notaries Matter More Than Ever

In an increasingly global world, the notary public is your trusted gateway to international transactions and legal certainty. Whether you’re managing property, studying abroad, or handling cross-border business, a notary’s stamp can make all the difference. As regulations continue to evolve in 2025, Australians can expect greater security and more convenient options for notarisation—but the need for expert verification remains unchanged.

Understanding the Legal Framework: Notaries and Australian Authorities

In Australia, notaries operate within a well-defined legal framework, regulated by various state and federal authorities. Understanding this framework can help individuals and businesses navigate the notarisation process more effectively.

Regulatory Bodies and Their Roles

• Australian Securities and Investments Commission (ASIC): While ASIC primarily oversees corporate regulation, its guidelines can impact notarial practices, especially in the context of business transactions involving company documents.

• Australian Taxation Office (ATO): The ATO’s requirements for document verification can necessitate notarial services, particularly for tax-related documents used overseas.

• Australian Transaction Reports and Analysis Centre (AUSTRAC): AUSTRAC’s anti-money laundering (AML) regulations influence the stringent identity verification processes that notaries must follow.

State Legislation and Notary Appointments

Each Australian state has its own legislation governing the appointment and duties of notaries. For example:

• New South Wales: The Public Notaries Act 1997 outlines the qualifications and responsibilities of notaries in NSW.

• Victoria: The Legal Profession Act 2004 governs the appointment of notaries, ensuring they meet specific legal standards.

Understanding these regulations can help clients ensure their documents meet both local and international legal requirements.

Practical Examples: Navigating Notarisation in 2025

To illustrate the practical application of notarial services, consider the following scenarios:

Example 1: Expanding a Business Overseas

An Australian tech company is expanding into the European market. The company needs to certify its board resolutions and financial statements for submission to European regulatory bodies. A notary public ensures these documents are properly certified, facilitating smooth international operations.

Example 2: Academic Pursuits Abroad

A student from Brisbane is applying for a postgraduate program in the United States. The university requires notarised copies of her academic transcripts and degree certificates. By visiting a local notary, she ensures her documents are accepted without delay, securing her spot in the program.

Example 3: Managing an Estate with International Assets

An individual managing a deceased relative’s estate with properties in the UK requires notarised affidavits and probate documents. A notary public assists in certifying these documents, ensuring they are legally recognised in the UK, thus simplifying the estate settlement process.

FAQ

What documents do I need to bring to a notary appointment?

You should bring valid identification (such as a passport or driver’s licence), the documents requiring notarisation, and any specific instructions from the overseas authority requesting the notarisation.

How much does it cost to have a document notarised in Australia?

Fees can vary depending on the complexity and urgency of the notarisation. Typically, costs range from $80 to $300 or more.

Can I get documents notarised online in Australia?

Some states allow limited remote notarisation through secure digital platforms. However, acceptance of digitally notarised documents can vary internationally, so it’s important to verify requirements with the receiving authority.

Sources

• Australian Securities and Investments Commission (ASIC)
• Australian Taxation Office (ATO)
• Australian Transaction Reports and Analysis Centre (AUSTRAC)
• Society of Notaries of New South Wales
• Legal Services Board of Victoria

For more detailed guidance on notarisation and related legal services, visit our Legal Services page.

Worked Example

For example: compare two products with the same monthly cost but different fees. A slightly higher headline rate can still be cheaper once annual fees and penalties are included.

FAQ

How often should I review this type of product?

At least once per year and again when your circumstances change.

What should I compare first?

Start with eligibility, total costs, key exclusions, and cancellation terms.

Where can I verify guidance?

Check official Australian regulators and government websites before making decisions.

Sources

• Australian Taxation Office (ATO)
• ASIC Moneysmart
• APRA

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Further Authority Links

• Australian Taxation Office (ATO)
• ASIC Moneysmart

Australian Regulatory Checks

Use ATO, ASIC, APRA, RBA, and ACCC publications to verify obligations, risk warnings, and current policy settings.