There are certain documents that are required to be witnessed and signed by an ‘eligible witness’.
Under section 31 of the Powers of Attorney Act 1998 (Qld), an ‘eligible witness’ is described as a justice of the peace, a commissioner for taking declarations, a notary public, or a lawyer.
The following documents are required to be formally executed in the presence of an ‘eligible witness’:
Other tasks that may require the services of a justice of the peace, commissioner for taking declarations, notary public or lawyer include:
Where any of the above documents are intended to be used overseas, only a notary public can witness and certify the document.
A public notary is an official authorised to witness signatures, administer oaths, and certify documents, mainly for use in international matters. They are usually senior legal professionals with substantial experience, appointed by a Supreme Court or equivalent authority.
Australians who are overseas and need to sign a document intended for use in Australia that requires an ‘eligible witness’ will need to sign the document in the presence of a notary public, or attend the Australian consulate or embassy. The website for the Australian consulate or embassy in the relevant country will set out the process for making an appointment for notary services, and confirm whether there is a fee payable for the service.
Stone Group Lawyers can assist you with all of your witnessing and certifying needs for documents intended to be used in Australia. We will work with you to ensure that you have peace of mind that your documents are correctly executed and legally binding. Contact our office on (07) 5635 0180 to book your appointment today.
Alternatively, if you are specifically looking for a notary public, the Society of Notaries of Queensland Inc. website allows you to search for your closest notary public: http://www.societyofnotaries-qld.org/find-a-notary/
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