Notary Public in Tasmania

A notary public in Tasmania witnesses signatures, certifies copies and administers oaths for documents that will be used overseas. For documents staying in Australia, a Justice of the Peace or Commissioner for Declarations is usually enough and costs nothing. If a foreign body wants an apostille, DFAT adds it after the notary has signed.

Key takeaways

• Use a notary for documents going overseas. Use a JP or Commissioner for Declarations for most documents staying in Australia.
• Tasmanian notaries are experienced lawyers appointed under Tasmanian arrangements. They keep a permanent record of their acts.
• Some Tasmanian public documents, such as registry certificates, may go to DFAT for an apostille without a notary. Confirm with DFAT first.
• A Tasmanian enduring power of attorney generally has to be registered before your attorney can use it.
• Only DFAT issues apostilles in Australia. A notary cannot.

What does a notary public do in Tasmania?

A notary public is a lawyer with long experience who has been appointed to perform notarial acts. In Tasmania, as elsewhere in Australia, a notary witnesses signatures on documents, certifies that copies match originals they have sighted, administers oaths and affirmations, and prepares notarial certificates that explain what was done. Each act is recorded in the notary's permanent register.

A notary checks your identity, that you understand the document, and that you are signing freely, and may decline if something is not right. A notary does not certify that the contents of a document are true. The main reason to see a notary rather than a JP is recognition: foreign courts, registries, banks and consulates recognise a notary's signature and seal, and DFAT can authenticate it or add an apostille. Our guide to what a notary public does covers the role in more depth.

JP, Commissioner for Declarations or notary?

Tasmania has three kinds of witness that people commonly use. Justices of the Peace and Commissioners for Declarations are volunteers who witness statutory declarations and certify copies for use in Australia, without charge. Justices of the Peace can also witness a wider range of documents, including affidavits. A notary public is the witness for documents that go overseas.

The simplest test is where the document is going. If it stays in Australia, start with a JP or Commissioner, and check the receiving body's instructions. If it is going abroad, a JP's or Commissioner's signature will generally not be accepted and cannot be apostilled, so a notary is needed. Our guide to notaries and JPs explains the difference.

Tasmanian or Commonwealth statutory declaration?

Tasmania has its own statutory declaration form for Tasmanian matters, while Commonwealth agencies, such as Home Affairs, the ATO and Services Australia, usually want the Commonwealth form. The two have different wording and different lists of who may witness them. Using the wrong form is one of the most common reasons a declaration is returned.

Before you sign, check which form the receiving body asks for. The Attorney-General's Department publishes the Commonwealth form and list of approved witnesses, which is broad and includes JPs and many professionals. Neither form needs a notary for Australian use. Our guide to who can witness a statutory declaration compares the options.

What about affidavits for a court overseas?

An affidavit for a Tasmanian court is usually witnessed by a JP, a lawyer or another person authorised under Tasmanian law. An affidavit for a court outside Australia is different: the foreign court needs to recognise the person who administered the oath, which usually means a notary, and it may also want an apostille from DFAT. Some foreign courts also have their own rules about the form of the affidavit, exhibits and the language it is written in. Get those instructions from the foreign lawyer before the appointment, and bring every exhibit in order. Our guide to notarising an affidavit explains the steps.

When do Tasmanians need a notary?

The same situations come up again and again. Tasmanians selling or inheriting property overseas are asked for a notarised power of attorney. People working or studying abroad need notarised copies of degrees and passports. Tasmanian businesses exporting seafood, produce or services, or setting up overseas, need company documents notarised for foreign registries or buyers. And families dealing with an overseas estate or pension need declarations and affidavits a foreign body will recognise.

In each case the notary witnesses or certifies the document and attaches a notarial certificate. If the foreign body also wants an apostille or authentication, DFAT adds it afterwards. Our guides to international powers of attorney and company document notarisation cover the two most common cases.

Situation	Usual witness	Next step
Statutory declaration for an Australian body	JP, Commissioner or other authorised person	None, unless the body asks
Certified copy for an Australian body	JP, Commissioner or another person the body accepts	None
Affidavit for a Tasmanian court	JP, lawyer or other authorised person	Follow the court's rules
Power of attorney for property overseas	Notary public	DFAT apostille or authentication if asked
Certified copy of a degree for an overseas employer	Notary public	DFAT, where the foreign body asks
Tasmanian birth or marriage certificate for overseas	Often no notary needed	DFAT directly, once confirmed

Do Tasmanian certificates always need a notary?

Not always. Some Australian public documents, such as birth, marriage and death certificates issued by a state registry, may be taken to DFAT for an apostille or authentication directly, without a notary, because DFAT can verify the registry officer's signature. DFAT's own list of documents it can legalise sets out what it accepts, and it changes from time to time, so confirm with DFAT before you send anything.

There are limits. Laminated or altered certificates are not accepted, commemorative marriage certificates are excluded, and some documents, such as university records, need to be verified or notarised first. A notary is needed when the foreign body asks for a notarised copy rather than the original, or when the document is private rather than public. Our guide to which documents can be apostilled explains the difference, and apostilling a birth certificate covers the most common case.

Why must a Tasmanian enduring power of attorney be registered?

Tasmania is unusual in one respect. An enduring power of attorney made in Tasmania generally has to be registered with the Land Titles Office before your attorney can act under it, not only when land is involved. It must also be made on the proper form and witnessed as Tasmanian law requires, and both you and your attorney sign.

That registration step is easy to miss, and an unregistered document can leave your attorney unable to act when it matters. Check the current requirements with the Land Titles Office or a Tasmanian lawyer, and allow time for registration. A Tasmanian enduring power of attorney is a domestic document; if you need someone to act for you overseas, the foreign country usually needs its own document, often notarised here and apostilled by DFAT. Our guide to powers of attorney gives the general picture.

How do you prepare for a notary appointment in Tasmania?

1. Get the foreign body's instructions in writing, including whether it wants notarisation, an apostille, or both.
2. Leave the document unsigned until you are in front of the notary.
3. Bring original photo identification, such as a passport, and any second ID the notary asks for.
4. Bring the originals of anything to be certified, not scans or photocopies.
5. Ask about translations if the foreign body works in another language.

Notaries are usually busy practising lawyers, so appointments are generally needed. If you live outside Hobart or Launceston, plan the trip around the appointment and bring everything at once. Our guide to notaries in regional Australia has more on planning.

Can a Tasmanian notary act remotely?

Some notarial acts can be carried out by audio-visual link under current arrangements, but the key question is whether the foreign body will accept a remotely witnessed act, and many will not. The receiving authority decides, not Australian law. Ask before you arrange anything remote. Our remote notary guide explains what to ask.

What does this look like in practice?

Here is an illustration, not a real case. Sarah lives near Devonport. Her late aunt left her a share of a house in Scotland, and her own mother wants to set up an enduring power of attorney.

For the Scottish estate, the solicitor in Edinburgh sends a document to be signed before a notary, with an apostille. Sarah books a notary in Launceston, signs there with her passport, and sends the document to DFAT. For her mother, a Tasmanian lawyer prepares the enduring power of attorney on the proper form, arranges the witnessing, and lodges it with the Land Titles Office for registration.

In short

In Tasmania, use a JP or Commissioner for Declarations for most documents staying in Australia, and a notary public for documents going overseas, with DFAT adding an apostille if asked. Registry certificates may go to DFAT directly once confirmed. Remember that a Tasmanian enduring power of attorney generally has to be registered before it can be used.

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Not sure whether your Tasmanian document needs a notary? Send us the instructions you were given, and we will explain each step before you book.