How to Notarise a Bill of Sale in Australia

A bill of sale records that goods changed hands: a car, a boat, machinery, a horse, a container of stock. Inside Australia, most private sales never need a notary at all. The moment the goods leave the country, or the buyer needs to register them under a foreign system, that changes — because a foreign registry will not take an Australian seller's word for anything.

If you are exporting a vehicle or vessel, selling equipment to an overseas buyer, or being asked for a "notarised bill of sale" by a customs authority or a foreign registry, this is how it works.

The notary witnesses signatures — they do not verify the sale

An Australian notary public will witness the parties signing the bill of sale, having satisfied themselves as to each signatory's identity, and will attach a notarial certificate to that effect. They can also certify true copies of the supporting documents.

What a notary cannot do is confirm that you own the goods, that the description is accurate, that the price is genuine, that the goods exist, or that there is no finance owing. Every one of those is checked by someone else — a buyer's inspection, a registry search, a customs officer.

This is the point worth internalising before you spend money: a notarised bill of sale proves who signed it, not what it says. It is a strong document for identity and execution, and no evidence at all of title.

Prove title separately, because the buyer will ask

A foreign registry accepting an Australian-sourced vehicle or vessel wants a chain of documents, not just the bill of sale. Depending on the goods, that generally means:

• Evidence of registration or ownership in Australia, and of deregistration here where the destination requires it
• A search of the Personal Property Securities Register showing whether a security interest is recorded against the goods, and a discharge if there is
• Import or export documentation — the goods must leave Australia lawfully and enter the destination lawfully, and vehicle imports in particular are tightly controlled almost everywhere
• Identification documents for both parties, often certified copies of passports
• Manufacturer or compliance documentation for vehicles and vessels

Sort these before the appointment. All can be certified at the same sitting, and a buyer's lawyer overseas will usually want the whole bundle notarised and authenticated as one.

Both parties normally have to attend

This is the practical difference between a bill of sale and a certified copy, and the thing that most often derails a same-day plan.

A notary witnesses a signature by watching the person sign, in front of them, after identifying them. So every signatory whose signature is to be witnessed must attend in person, with photo identification. Bring it unsigned — if you have already signed, the notary cannot honestly certify that you signed in their presence and the document will have to be re-executed.

Where the buyer is overseas, there are two usual solutions. Either the seller's signature is notarised in Australia and the buyer's is notarised in their own country, so the bill of sale carries two notarial certificates — most registries accept this, but confirm first — or an agent signs under a power of attorney, which itself has to be notarised and usually authenticated.

A company signing needs someone with authority to bind it, and the notary will want evidence of that authority — a board resolution, or a certified company extract — rather than taking a title on a business card at face value.

What should be in the document

The notary does not draft it, and a bill of sale that is defective in substance is still defective after it is notarised. At a minimum, a foreign registry will expect:

• Full legal names and addresses of seller and buyer, matching their identification exactly
• A description specific enough to identify the goods uniquely — for a vehicle, the VIN or chassis number, engine number, make, model and year; for a vessel, the hull identification number and builder's details
• The price and the currency, and confirmation that it has been paid
• The date and place of sale
• A statement by the seller that they own the goods and that they are sold free of encumbrances
• Signature blocks for both parties

If the destination country has a prescribed form, use theirs. A generic Australian template is a common reason for rejection at the far end.

At the appointment

Twenty to thirty minutes for a straightforward execution.

1. Each signatory presents photo identification, ideally a current passport, with names matching the document exactly.
2. The notary confirms each signatory understands what they are signing, and that a company signatory has authority.
3. The parties sign in the notary's presence.
4. The notarial certificate is prepared, signed, sealed and bound to the bill of sale.
5. The act is recorded in the notary's register.

If a signatory does not read English, an interpreter has to be present and the notary will record that on the certificate. Arrange it beforehand.

Apostille and legalisation

The notarial certificate is an Australian act, so a foreign registry or customs authority will usually want the notary's signature and seal authenticated.

If the destination is a member of the Hague Apostille Convention, the Department of Foreign Affairs and Trade issues an apostille and nothing further is needed. If it is not a member, the bill of sale goes to DFAT for authentication and then to that country's embassy or consulate in Australia for legalisation, on that embassy's terms.

A notary cannot issue an apostille. Only DFAT can.

Shipping schedules make this urgent in a way other documents are not. If the goods are on a vessel and the paperwork is not, you will pay storage at the destination port while the authentication chain catches up.

Cost

Notarial fees are not fixed by statute in Australia and vary by practitioner and state. As a market estimate, witnessing signatures on a single document commonly falls in the $80–$180 range, with additional signatories and certified copies charged at a lower rate at the same appointment. Because a bill of sale travels with a bundle, ask for a quote on the complete set.

Frequently asked questions

Can a Justice of the Peace witness a bill of sale instead? For a purely domestic sale, often yes, and free. For anything that a foreign registry or customs authority has to accept, no. A JP's witnessing is not recognised overseas and DFAT will not authenticate it, so it cannot be apostilled.

Do I need a notary to sell my car privately in Australia? Almost never. State and territory transfer processes handle domestic sales and a notary adds cost without adding anything. The exception is where the buyer intends to export the vehicle.

The buyer wants the price stated lower than we agreed, for customs. No. A notary witnesses signatures on a document the parties represent as true, and knowingly executing a false declaration to reduce foreign duty is a customs offence at the far end and exposes both parties. Any notary asked this should decline.

We already signed. Can it still be notarised? Not as a witnessed signature. The notary can certify a copy of the signed document, which is a weaker act, or you can re-execute a fresh copy. If the destination asked for signatures to be witnessed, re-execute.