What 'Notarised by an Australian Notary Public' Means
Table of contents
When an overseas authority asks for a document "notarised by an Australian notary public", it usually wants an Australian notary to perform a specified act, such as witnessing a signature or certifying a copy, and record it in a signed and sealed certificate. The certificate defines the effect: notarisation does not automatically prove every statement in the document is true.
Key takeaways
- "Notarised" means an Australian notary has performed a notarial act and recorded it in a notarial certificate with their signature and seal.
- The most common acts are witnessing a signature, certifying a copy and administering an oath or affirmation.
- The certificate states the act the notary performed and the matters the notary verified; it does not automatically validate every statement in the document.
- "Notarised" and "legalised" are different. When a private document needs both, the notary usually acts before DFAT issues the apostille or authentication.
- A JP's certification is not notarisation. If the receiving authority expressly asks for a notary, confirm before substituting a JP.
What does "notarised" actually mean?
To notarise a document is to have a notary public perform a notarial act on it and record that act in a formal certificate. The act depends on what the foreign body needs. For a power of attorney or declaration, it is usually witnessing your signature after checking who you are. For a passport or degree, it is usually certifying that a copy matches the original the notary has seen. For an affidavit, it is administering the oath or affirmation.
The notary then prepares a certificate, signed and sealed, stating what was done, when and for whom. A receiving authority can assess that certificate and, where legalisation is required and the document is eligible, DFAT can verify the notary's signature, stamp or seal. Our guide to what a notary public does covers the role more broadly.
What is in a notarial certificate?
A notarial certificate is usually a separate page attached to your document, though sometimes it is an endorsement written or stamped directly on it. Its wording varies with the act and the destination country, but it generally records the same core facts.
Where the certificate is a separate page, the notary may securely fasten it to the document with an eyelet, ribbon, seal or another method that reveals interference. If yours is bound or sealed, ask the notary before separating it: removing the fastening may affect acceptance. Scan the assembled document unless the recipient or notary gives different instructions.
What does notarisation not prove?
This is the most misunderstood point: read the certificate to see exactly what it proves. A signature-witnessing certificate may record the signer's identity and that the person signed in the notary's presence. A true-copy certificate ordinarily records that the copy corresponds with the document produced to the notary. Some documents, particularly education records, may require additional verification with the issuer before DFAT will legalise them.
The notary may also assess capacity, understanding and free will for the particular act and decline to proceed if not satisfied. That service is different from advising whether the transaction is commercially wise or whether the document will be legally effective in the destination country. Obtain destination-country legal advice where that question matters. Our guide to the scope of an Australian notarial act explains the role in more detail.
Is notarised the same as apostilled or legalised?
No. Notarisation is performed by the Australian notary. Legalisation is performed by DFAT, which issues either an apostille or an authentication certificate. The receiving authority must tell you which certificate it requires. An apostille is generally used where the Hague Apostille Convention applies; an authentication may need a further embassy or consulate step, depending on the destination's current process.
Not every document needs notarisation before DFAT. DFAT can legalise eligible original Australian public documents directly, while private documents and many copies generally need Australian notarisation first. If the instructions say "notarised and apostilled", the private document normally goes to the notary before DFAT. Confirm the document and certificate type with the recipient, then check current DFAT eligibility guidance and the HCCH status table.
How do you read the foreign body's instructions?
Foreign instructions are often translated or written by people unfamiliar with Australian practice, so the same requirement may be phrased in several ways. The table maps common phrases to what they usually mean in Australia. If the wording is unclear, ask the foreign body before you book anything.
| The instruction says | It usually means | Who does it |
|---|---|---|
| "Notarised by a notary public" | A notarial act and certificate | An Australian notary |
| "Certified true copy by a notary" | A notary certifies a copy against the original | An Australian notary |
| "Signed before a notary" | The notary witnesses your signature | An Australian notary |
| "Notarised and apostilled" | Notarial certificate, then an apostille | A notary, then DFAT |
| "Legalised" or "attested by the embassy" | Follow the destination's specified authentication chain | Often a notary, DFAT and the embassy |
| "Certified copy" for an Australian body | A domestic certified copy | An authorised witness accepted by that body |
What will the notary need from you?
Expect to be asked for original photo identification, the original of anything to be copied, the complete document and the overseas authority's instructions. Leave a document unsigned when the notary is specifically required to witness the signing. Some recipients require particular certificate wording, supporting records or a translation, so send those instructions to the notary before the appointment.
The notary will usually ask a few questions to be satisfied that you understand the document and are acting freely, and may speak to you alone if someone else is involved. If English is not your first language, an interpreter may be needed. Our document notarisation service guide explains what to send before an appointment.
How do you get a document notarised?
- Read the foreign instructions and note whether they ask for notarisation only, or also an apostille or legalisation.
- Keep it unsigned when required if the notary is to witness your signature; otherwise ask before changing a completed document.
- Book a notary, and ask what identification, originals and pages to bring.
- Attend with everything, and let the notary check your identity and understanding.
- Protect the completed document, and submit it to DFAT only if the receiving authority requires legalisation.
How much does Australian notarisation cost?
There is no single national price for every notarial act. A quote may depend on the act required, the number of documents and signers, certificate drafting, issuer checks, copies, translations, urgency, travel and waiting time. DFAT legalisation and any embassy or courier charges are separate from the notary's fee.
For a useful itemised quote, send the notary the complete document and the recipient's instructions, and state the destination country, number of signers, whether originals or copies are involved, and the deadline. Do not rely on an advertised single-document price until the notary confirms what the receiving authority actually requires. See our guide to notary public fees in Australia.
What if you have already signed the document?
If the notary's job is to witness your signature and you have already signed, the notary cannot certify that they saw you sign. Usually the answer is to sign a fresh copy in front of the notary, or, if that is not possible, for the notary to take an acknowledgment that the signature is yours, where the foreign body accepts that form. Whether it does depends on the country and the document. Our guide to preparing for a notary appointment explains what to confirm before you attend.
Why do foreign bodies insist on a notary?
A bank in Madrid or a court in Mumbai has no way to know whether an Australian JP, pharmacist or police officer is who they say they are, or whether their signature is genuine. Notaries solve that problem. The office of notary exists in most legal systems, so foreign authorities understand what a notarial certificate is, and the notary's signature and seal can be verified through DFAT's apostille or authentication. That chain of verification is what the foreign body is really asking for.
It also explains why a notarised document from Australia can be rejected for reasons that have nothing to do with the notary: the wrong document, a missing apostille, a translation the foreign body will not accept, or a name that does not match a passport. Checking the instructions carefully before the appointment avoids most of these. Our guide to choosing a notary explains why no provider can promise acceptance by a foreign authority.
What does this look like in practice?
Here is an illustration, not a real case. Lena lives in Adelaide and has been asked by a Spanish bank to provide a copy of her passport "notarised by an Australian notary public and apostilled".
Before booking, Lena confirms that the bank will accept a notarised passport copy and requires an apostille. She then brings her original passport to a notary, who follows the required copy-certification process and attaches a signed and sealed certificate. Lena submits the assembled notarised copy to DFAT for the apostille and sends the completed document to the bank.
In short
"Notarised by an Australian notary public" means an Australian notary has performed and certified a particular notarial act. The certificate's wording defines what was verified. DFAT legalisation is a separate process, may not be required, and may apply directly to an eligible original Australian public document without prior notarisation.
Official guidance
- DFAT: notarial services, Australian notaries and JPs
- DFAT: documents eligible for apostille or authentication
- DFAT: how to get Australian documents legalised
- HCCH: current Apostille Convention status table
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Received instructions asking for Australian notarisation? Send the complete document and recipient's instructions, together with the destination country, number of signers and deadline, so the required steps can be checked before you book.
Frequently asked questions
What does "notarised by an Australian notary public" mean?
It means an Australian notary has performed and certified a particular act, such as witnessing a signature or certifying a copy. Read the certificate to see exactly what the notary verified. If legalisation is required and the document is eligible, DFAT can verify the relevant signature, stamp or seal.
Does notarisation mean the document is true or legal?
Not automatically. The certificate states what the notary verified, such as identity and a witnessed signature or correspondence between a copy and the document produced. It does not by itself make every statement true or establish legal effect in the destination country.
Is a notarised document the same as an apostilled one?
No. Notarisation is performed by the notary; an apostille is a form of legalisation issued by DFAT. For a notarised private document, DFAT verifies the notary's signature, stamp or seal. Eligible original Australian public documents may be legalised directly without prior notarisation.
Can a JP notarise a document?
No. A Justice of the Peace may witness or certify documents within the scope of the relevant rules, but that service is not notarisation. If the receiving authority expressly requires an Australian notary, do not substitute a JP without obtaining its confirmation.
What does a notarial certificate look like?
It is usually a separate page fastened to your document, or an endorsement on it, stating the notary's name and place, the act performed, how your identity was checked, the date and place, and bearing the notary's signature and seal. Wording varies by act and country.
Can I unstaple a notarised document to scan it?
Ask the notary first. If the document has been securely bound or sealed, separating it may affect acceptance or require it to be redone. Scan the assembled document unless the notary or receiving authority gives different instructions.
What should I bring to have a document notarised?
Bring original photo identification such as a passport, the unsigned document with every page, the originals of anything to be copied, and the foreign body's instructions. If the foreign body wants a particular language or form, bring details of that too.
I already signed the document. Can it still be notarised?
If the notary must witness your signature, they cannot certify a signature they did not see. You can usually sign a fresh copy in front of the notary, or the notary may take an acknowledgment that the signature is yours, if the foreign body accepts that.
What does "legalised" mean compared with "notarised"?
Legalisation is DFAT's process of issuing an apostille or authentication certificate. If an authentication is required, the destination country may also require an embassy or consulate step. The recipient should specify the route, and not every eligible original public document needs prior notarisation.
Does notarisation include legal advice about the document?
The notarial service and legal advice are different tasks. The notary may assess identity, capacity, understanding and free will for the act, but that does not itself answer whether the transaction is wise or effective under foreign law. Obtain destination-country legal advice where needed.