Who Can Notarise a Document in Australia?

If you’re running a small business or building a startup, “paperwork” usually means more than just admin. The right documents help you get paid, protect your IP, onboard customers, hire staff, raise money, and expand overseas.

Then a bank, investor, overseas supplier, or government body asks: “Can you provide a notarised copy?” Suddenly, you’re trying to work out who can notarise a document in Australia, what “notarised” actually means, and whether a Justice of the Peace (JP) is enough.

This guide breaks it down in plain English, with a practical business focus-so you can get the right document signed, witnessed, certified, or notarised the first time (and avoid delays when you’re trying to close a deal).

What Does “Notarise” Mean In Australia (And When Do Businesses Need It)?

In Australia, “notarisation” usually refers to a Notary Public (also called a “public notary”) performing a formal verification process. Notaries are legal practitioners (lawyers) who are specially appointed to verify documents for use, typically outside Australia.

For many day-to-day Australian business activities, you don’t actually need notarisation. You might only need:

• a signature witnessed correctly;
• a document certified as a true copy of the original; or
• a statutory declaration completed and witnessed.

So why do people search “who can notarise a document in Australia” so often? Because many organisations (especially overseas) use “notarise” as a catch-all term, even when they really mean “certify” or “witness”. Your first step is confirming exactly what level of verification is required.

Common Business Scenarios Where Notarisation Comes Up

You’re more likely to need a notarised document if your business is dealing internationally. For example:

• Opening an overseas bank account or payment facility
• Setting up a foreign subsidiary or registering with an overseas regulator
• Cross-border contracts where the other party wants notarised identity or corporate documents
• Overseas manufacturing/supply arrangements (particularly if a foreign authority needs to rely on your documents)
• International IP filings or assignments where notarisation is required

Who Can Notarise A Document In Australia?

In Australia, a document can be notarised by a Notary Public.

That’s the key point: if an organisation specifically requires notarisation (in the strict sense), you generally need a Notary Public-not a JP, police officer, accountant, or pharmacist.

1) Notary Public (Public Notary)

A Notary Public is usually a senior lawyer who has been appointed by the relevant state/territory authority (for example, the Supreme Court in that jurisdiction). A notary can:

• verify identity and willingness to sign;
• witness signatures on documents;
• certify true copies of documents;
• prepare a notarial certificate and apply their notarial seal; and
• take steps that help documents be accepted overseas (often alongside apostille/legalisation requirements).

In practical terms, if you’re asked for a “notarised document” for use overseas, a Notary Public is typically the safest option.

2) Justice Of The Peace (JP) Or Commissioner For Declarations (Cdec)

A JP (and similar authorised witnesses, depending on your state/territory) can generally:

• witness signatures on certain documents (like statutory declarations and affidavits, depending on the rules); and
• certify copies of documents as true copies.

However, a JP is not a Notary Public, and a JP certification is not the same as notarisation. A JP may be acceptable if the request is actually for “certified copies” or “witnessing” rather than notarisation.

If the other party is overseas and insists on notarisation, a JP is often not enough.

3) Lawyers (Who Are Not Notaries)

Some Australian lawyers can witness signatures and, in certain contexts, certify copies or confirm identity (for example, where a specific organisation’s policy allows it). However, this is not automatically “notarisation”. The rules also depend on:

• the type of document;
• the intended use (Australia vs overseas); and
• the organisation’s policy (for example, a foreign bank’s internal compliance requirements).

If you’re trying to meet a strict overseas requirement, confirm whether they will accept a lawyer’s certification, or whether they specifically require a Notary Public.

4) Other “Authorised Certifiers” (Accountants, Pharmacists, Police, etc.)

For some Australian processes, certified copies can be done by various authorised persons (this varies by institution and state/territory rules). But again, that’s generally about certification-not notarisation.

If a counterparty uses the phrase “notarised document in Australia” loosely, ask them to confirm whether a certified copy (or witnessed signature) is acceptable, and what they require the certifier to write and include.

Notarisation vs Certification vs Witnessing: What’s The Difference For Business Documents?

From a business perspective, the main risk isn’t “getting it wrong” in theory-it’s wasting days (or weeks) because the receiving organisation rejects your documents.

Here’s a practical way to distinguish the common options.

Notarisation (Notary Public)

Best for: overseas use, cross-border transactions, foreign regulators and banks.

What it does: a Notary Public verifies and certifies matters (like identity, signature, or a true copy) and applies a notarial seal/certificate that foreign bodies recognise.

Certification Of Copies (JP / authorised witness / sometimes lawyers)

Best for: providing certified ID, corporate records, or supporting documents for Australian processes or where “certified true copy” is enough.

What it does: confirms a photocopy is a true copy of an original document sighted by the certifier.

Witnessing A Signature (Authorised Witness Rules Apply)

Best for: deeds, statutory declarations, affidavits, and certain corporate documents where witnessing is required.

What it does: a witness observes the person signing and signs to confirm they witnessed it. Requirements vary, so it’s worth checking the witness signature rules that apply to your situation.

Why This Matters For Startups

Startups often move fast-especially when dealing with investors, accelerators, or overseas counterparties. But “fast” can turn into “stuck” if the wrong person certifies or witnesses the document.

It also matters for enforceability. Even if a document is signed, you still want confidence it will hold up if there’s a dispute-which is why it helps to understand what makes a legally binding contract in Australia, and when extra formalities (like witnessing) are required.

What Documents Do Small Businesses Commonly Need Notarised (Or Properly Executed)?

Not every document in your business needs notarisation. But certain categories come up repeatedly, especially if you’re scaling or working internationally.

Identity And Corporate “Proof” Documents

You might be asked to notarise or certify documents like:

• passports and driver licences;
• utility bills (proof of address);
• company registration details or extracts;
• board resolutions; or
• director/shareholder identity documents for KYC (Know Your Customer) checks.

These are often needed for financial services, payment providers, or overseas registrations.

Company Documents (Especially When Dealing Overseas)

If you’re providing corporate documents to a foreign bank, investor, or government office, they may request:

• your Company Constitution;
• shareholder or director resolutions;
• proof of who can sign on behalf of the company; or
• certified copies of company records.

If the issue is “who has authority to sign?”, you may also need a letter or document confirming authorisation. Depending on the circumstances, an Authority to act form can be part of your internal (and external) compliance process.

Deeds, Guarantees, And “Formal” Commercial Documents

Some business documents require stricter signing formalities than a standard contract. For example, deeds often have witnessing requirements and are used in situations like:

• settlements and releases;
• certain IP assignments; or
• where a party wants the extra formality that comes with executing a deed.

If you’re not sure whether you’re signing a deed or a contract (and what that changes), it’s worth getting legal help early-especially before you send signed copies overseas.

Statutory Declarations

Businesses use statutory declarations for all sorts of operational needs (for example, confirming a fact to a bank or insurer, or supporting an application).

These usually need to be witnessed by an authorised witness (which can include JPs, lawyers, and other approved persons depending on the jurisdiction). But witnessing a stat dec is not the same as notarising a document.

Do You Also Need An Apostille Or DFAT Legalisation?

This is where many Australian businesses get caught off guard.

Notarisation is often only step one for overseas use. Many foreign authorities require the document to be “legalised” for international recognition. In practice, that might involve:

• Notarisation by a Notary Public; then
• Apostille or authentication/legalisation through the Department of Foreign Affairs and Trade (DFAT), depending on the destination country.

If the receiving organisation is overseas, ask them:

• Do you require notarisation by a Notary Public?
• Do you require an apostille, or consular legalisation?
• Do you have a required format for certification wording?
• Do you need the document notarised as an original, or is a notarised copy acceptable?

These questions can save a lot of back-and-forth.

A Practical Step-By-Step Checklist For Getting A Document Notarised (Or Properly Verified)

When you’re under time pressure-closing a fundraising round, onboarding an overseas supplier, or opening an international account-use this checklist to keep things moving.

1) Confirm What The Other Party Actually Needs

Ask for the exact requirement in writing. If they say “notarised”, clarify whether they mean:

• notarised by a Notary Public;
• certified true copy;
• witnessed signature; and/or
• apostille/legalisation.

This is particularly important with overseas counterparties, because “notarise documents” can mean different things in different jurisdictions.

2) Check Execution Requirements Before You Sign

Some documents need to be signed in a particular way (for example, witnessing rules, company execution blocks, or signing under section 127 of the Corporations Act for companies).

Before you sign, confirm you’re meeting the signing documents requirements relevant to your document type.

3) Prepare The Right Version Of The Document

• If it’s a certified copy, bring the original plus a clear copy.
• If it’s a notarial act, your Notary Public will tell you whether they need originals, copies, or both.
• If it’s a multi-page document, confirm whether every page needs to be initialled, stamped, or bound.

4) Organise ID And Supporting Evidence

Notaries and authorised witnesses will typically want to confirm identity. For business-related notarisation, they may also ask for evidence that you’re authorised to sign for the company (especially where you’re signing on behalf of the business rather than personally).

5) Keep Good Records Internally

Once your documents are notarised/certified, keep a secure record of:

• who signed and when;
• the version that was executed;
• any notarial certificates attached; and
• where you sent the final documents.

This is a simple governance habit that helps massively later-particularly if you’re scaling, raising capital, or dealing with audits and due diligence.

6) Don’t Forget Your Ongoing Compliance Documents

Notarisation often pops up alongside broader compliance tasks. For example, if you’re onboarding customers online or collecting personal information as part of an application process, you’ll want a properly drafted Privacy Policy to support your operations and reduce risk.

Key Takeaways

• In Australia, a Notary Public is the person who can formally notarise documents, especially for overseas use.
• A JP or other authorised witness can often witness signatures and certify copies, but this is generally not the same as notarisation.
• Many requests for “notarised document in Australia” are actually asking for a certified true copy or witnessed signature, so clarify requirements early.
• If your document is for a foreign authority, you may also need an apostille or DFAT legalisation after notarisation.
• For business documents, getting execution formalities right (authority, witnessing, correct signatories) helps avoid delays and improves enforceability.

Note: This article is general information only and doesn’t constitute legal advice. Requirements can vary depending on your situation, the document type, and the organisation (or country) you’re dealing with.

If you’d like help preparing your business documents and getting them executed correctly (including advising on when notarisation is required and helping you liaise with a Notary Public where needed), you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.