Published: 19 October 2026

Introduction

The Australian notarial profession is undergoing a significant period of transformation as digital technologies, legislative reforms, international legal developments and changing commercial practices reshape how documents are authenticated for use overseas.

Traditionally, notarisation has involved an Australian Notary Public examining original documents, verifying identities, witnessing signatures and applying an official signature and seal to confirm the authenticity of particular acts or documents. These functions remain essential to international legal transactions, particularly where Australian individuals and businesses must demonstrate the authenticity of their documents to foreign governments, courts, financial institutions and commercial organisations.

However, the increasing digitisation of international commerce is creating new expectations concerning the speed, accessibility and security of notarial services.

Developments in electronic signatures, remote witnessing, digital identity verification and electronic apostilles are gradually changing how legal documentation is prepared and authenticated.

At the same time, Australia’s expanding international economic relationships, particularly with China, India and Southeast Asia, are creating additional demand for reliable cross-border document authentication.

Several significant developments during 2025 and 2026 illustrate these changes.

This article examines the current state of notarisation in Australia, including recent legislative reforms, digital authentication technologies, international apostille arrangements, regulatory developments and the future of the Australian notarial profession.

1. The Continuing Importance of Australian Notaries Public

An Australian Notary Public is a legal practitioner appointed or authorised under the laws of the relevant Australian state or territory to perform notarial functions.

Unlike a Justice of the Peace, whose functions generally concern domestic statutory declarations, affidavits and document certification, a Notary Public specialises in producing documents and performing notarial acts intended to be recognised internationally.

Australian notaries commonly provide services involving:

• Certification of passports, birth certificates, academic qualifications and other documents.
• Witnessing powers of attorney for overseas property transactions.
• Authentication of corporate records and company documents.
• Verification of signatures and identities.
• Preparation of notarial certificates for overseas litigation.
• Certification of documents for international business transactions.
• Administration of oaths and declarations.
• Preparation of documents for apostille or authentication by the Department of Foreign Affairs and Trade (DFAT).

The legal framework governing notarial appointments differs between Australian jurisdictions.

In New South Wales, for example, notaries are appointed under the Public Notaries Act 1997 (NSW) and associated appointment rules.

The Legal Profession Admission Board continues to administer the framework governing applications and appointments.

Importantly, the NSW framework has received further amendments to its appointment and fees rules during 2025 and 2026.

These developments demonstrate that notarial regulation continues to evolve, even as the fundamental international authentication functions of the profession remain largely unchanged.

Although digital technology may alter the procedures involved, the central function of the Notary Public remains the provision of independent and reliable legal authentication.

2. The Growth of Electronic Notarisation and Remote Witnessing

One of the most significant developments affecting the wider document authentication industry is the growing legal acceptance of electronic documents and remote witnessing.

Historically, legal documents were generally signed using physical signatures in the presence of an authorised witness.

The COVID-19 pandemic accelerated reforms allowing certain documents to be executed remotely.

Many of these reforms have subsequently been made permanent.

Remote witnessing in New South Wales

New South Wales introduced permanent remote-witnessing arrangements in November 2021.

Section 14G of the Electronic Transactions Act 2000 (NSW) provides a framework permitting the witnessing of signatures by audio-visual link.

Under these arrangements, a witness must observe the signatory signing the document in real time, sign the document or a copy, be reasonably satisfied that the document is the same document or a copy of the document signed, and include an appropriate endorsement identifying the remote-witnessing method.

This framework can facilitate the execution of certain legal documents without requiring the parties to attend the same physical location.

For example, an Australian resident may be able to execute a document governed by NSW law while communicating with an authorised witness through an appropriate video platform.

However, an important distinction must be recognised.

The legal authorisation of remote witnessing does not automatically mean that all notarial acts can be performed remotely or that foreign authorities will accept remotely notarised documents.

Remote witnessing, electronic signing, notarial certification and international legalisation are separate legal processes.

In particular, NSW Government guidance confirms that the remote-witnessing provisions do not authorise the remote certification of copies as true copies of original documents.

Certification of a document as a true copy generally requires the original document to be examined in person.

Similarly, remote-witnessing legislation does not independently authorise electronic signatures where another law does not permit them.

Consequently, Australian notaries must carefully consider whether a proposed electronic or remote procedure is permissible under applicable Australian law and acceptable to the overseas recipient.

The international recognition problem

A document validly executed electronically in Australia may still be rejected by a foreign authority requiring an original handwritten signature and physical notarial seal.

This is particularly relevant to powers of attorney, property transfers, corporate documents and documents submitted to foreign courts or government registries.

The continuing divergence between domestic electronic execution laws and overseas documentary requirements is one of the principal challenges facing digital notarisation.

3. Australia’s Digital Statutory Declaration Reforms

Another major development has been the modernisation of Commonwealth statutory declarations.

The Statutory Declarations Amendment Act 2023 (Cth) commenced on 1 January 2024, introducing significant changes to the manner in which Commonwealth statutory declarations may be completed.

Australians can now make a Commonwealth statutory declaration using three alternative methods:

1. Traditional witnessing in person.
2. Remote witnessing through an approved audio-visual communication platform.
3. Digital execution through myGov using an approved Digital Identity, without a human witness.

The third option represents a substantial change to traditional documentary procedures.

A person with an appropriately verified Digital Identity can complete a Commonwealth statutory declaration electronically without attending before a Justice of the Peace, lawyer or Notary Public.

The digital system incorporates verification mechanisms designed to protect the integrity of the declaration.

For example, digital declarations generated through myGov contain a QR code that can be checked using the myGov application.

Rapid adoption of digital statutory declarations

On 14 October 2026, the Australian Government reported that more than 270,000 digital Commonwealth statutory declarations had been completed during the 2025–26 financial year.

This represented an increase of approximately 84% compared with the previous period.

The Government also reported that nearly 450,000 digital declarations had been completed since the service commenced in 2024.

These figures demonstrate a substantial increase in public acceptance of digitally authenticated legal documents.

Nevertheless, Commonwealth statutory declaration reforms should not be confused with a universal system of electronic notarisation.

A digital Commonwealth statutory declaration is not automatically equivalent to a notarial certificate intended for use in another country.

Foreign authorities may require additional certification, notarisation, apostille or authentication.

The 2026 statutory review

The Commonwealth conducted a formal review of the Statutory Declarations Act 1959 during 2026.

The final review report was tabled in Parliament on 14 September 2026 and published on 15 September.

Stakeholder feedback identified potential improvements relating to digital execution, public education, access to authorised witnesses and greater consistency between Commonwealth and state and territory frameworks.

A particularly important issue was whether statutory declarations validly executed under state and territory legislation should receive greater recognition under Commonwealth arrangements.

These reforms may ultimately contribute to a more coherent national framework for electronic documentary execution.

However, proposals arising from the review should not be treated as enacted reforms unless subsequently implemented through legislation or administrative changes.

4. The Continuing Importance of Apostilles and Authentication Certificates

Despite advances in electronic signatures and digital identity, international document legalisation continues to be a fundamental component of Australian notarial practice.

Australia is a party to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, commonly known as the Apostille Convention.

Under this Convention, participating countries generally recognise an apostille issued by the competent authority of another participating country.

An apostille certifies the origin of a public document, including the authenticity of a relevant signature, official capacity or seal.

It does not certify that every factual statement contained in the underlying document is true.

How the Australian process operates

In Australia, DFAT is responsible for issuing apostilles and authentication certificates.

An Australian document intended for overseas use may require an Australian Notary Public to prepare a notarial certificate or certify the document before it is submitted to DFAT.

Certain original Australian public documents may be eligible for DFAT legalisation without prior notarisation.

DFAT checks relevant signatures and seals against specimen records before issuing the appropriate certificate.

For countries participating in the Apostille Convention, an apostille will generally replace the more elaborate diplomatic or consular legalisation procedures previously required.

Where an apostille is not appropriate, an authentication certificate may be required, potentially followed by further legalisation from the receiving country’s diplomatic or consular representatives.

Changes to DFAT fees in 2026

From 1 January 2026, DFAT’s published fee for issuing an apostille or authentication certificate is AUD $105 per document.

These fees are adjusted annually in accordance with the applicable fee framework.

Notarial professional fees are separate from DFAT legalisation charges.

In addition, applicants may incur postage, translation, consular or other administrative expenses.

Australian apostilles issued after 14 December 2015 can be verified through DFAT’s online verification system.

This provides an additional measure of protection against fraudulent or altered certificates.

5. Electronic Apostilles and the International Digital Authentication Movement

One of the most promising developments internationally is the emergence of electronic apostilles, commonly called e-Apostilles.

An e-Apostille is an apostille issued in electronic form, rather than merely a scanned image of a traditional paper certificate.

It may incorporate a digital signature and other technical safeguards allowing the recipient to verify its authenticity.

The Hague Conference on Private International Law has supported the Electronic Apostille Programme, known as the e-APP.

This initiative encourages participating authorities to implement electronic apostilles and electronic registers.

Implications for Australia

Electronic apostilles have the potential to improve international document authentication significantly.

A fully digital process could reduce reliance on physical couriers, improve document security and allow overseas recipients to verify official certifications more efficiently.

For Australian businesses, such a development would be particularly useful where documents must be submitted urgently to foreign banks, companies or government agencies.

However, it is important to distinguish developments overseas from the current Australian system.

As at October 2026, DFAT’s published domestic legalisation process continues to describe the issue of apostille and authentication certificates attached to documents, rather than a generally available Australian e-Apostille service.

DFAT’s existing online apostille verification facility should not be confused with the issuance of electronic apostilles.

Consequently, Australian applicants should not assume that a PDF containing a scanned apostille constitutes a valid e-Apostille.

The adoption of electronically issued apostilles remains an important potential direction for future reform.

6. China’s Participation in the Apostille Convention

An important international development affecting Australian notarisation is China’s accession to the Hague Apostille Convention.

The Convention entered into force for mainland China on 7 November 2023.

Although this change occurred before 2026, its practical consequences continue to be significant for Australian businesses and individuals dealing with Chinese institutions.

Previously, many Australian documents intended for use in mainland China required a multi-stage authentication procedure.

This often involved notarisation, DFAT authentication and subsequent legalisation by Chinese diplomatic or consular authorities.

Following China’s implementation of the Convention, qualifying Australian public documents can generally use the apostille process instead.

Benefits for Australian businesses

The change is particularly relevant to:

• Australian companies establishing subsidiaries in China.
• Corporate shareholder and director identification.
• Powers of attorney for Chinese commercial transactions.
• Company incorporation and registration documents.
• Documents for Chinese courts and administrative authorities.
• Personal identity, marital status and educational records.

For example, an Australian company establishing a wholly foreign-owned enterprise in China may be required to produce certified corporate documents identifying its directors, shareholders or authorised representatives.

Where appropriate, these documents may be notarised in Australia and subsequently apostilled by DFAT.

However, the Apostille Convention does not eliminate every requirement imposed by Chinese authorities.

Documents may still require translations, prescribed formats, recent issue dates or additional substantive evidence.

The receiving authority should therefore confirm the precise documentary requirements before notarisation occurs.

7. Growing Demand for Notarisation in Transactions Involving India

India continues to be another major source of demand for Australian notarial services.

Australia’s growing economic, educational and personal connections with India have increased the importance of cross-border documentation.

Common transactions include the execution of powers of attorney, certification of identity documents, property transactions, inheritance matters and company incorporation.

Powers of attorney for Indian property transactions

One common requirement arises where an Australian resident wishes to authorise a family member or representative to undertake a property-related transaction in India.

The individual may need to execute an Indian power of attorney before an Australian Notary Public.

Depending on the relevant Indian legal requirements, the document may subsequently require an apostille or other prescribed formalities.

India is a party to the Hague Apostille Convention, making apostilles an important method of authenticating qualifying Australian public documents.

Nevertheless, the procedural requirements of Indian state authorities, banks and property registries can differ.

A document may also require stamping, registration, translation or other steps after arriving in India.

Indian corporate and commercial transactions

Australian companies expanding into India may also need notarial certification of corporate documents.

These may include company constitutions, ASIC extracts, certificates of incorporation, board resolutions and documents identifying authorised officers.

As investment and business relationships between Australia and India develop, notaries are likely to remain important intermediaries in satisfying documentary requirements across the two legal systems.

The increasing availability of digital government records is also creating opportunities for more efficient verification of corporate information.

8. Corporate Notarisation and Digital Company Records

Australian corporate documents are increasingly generated and stored electronically.

ASIC company extracts, digital certificates, electronic board resolutions and electronically signed commercial documents are now common features of business administration.

This creates new challenges for notarisation.

Historically, a notary could examine an original paper document and certify a copy.

However, an electronic corporate record may have no traditional paper original.

Its authenticity may instead depend on its source, digital signature, verification reference or an authoritative electronic registry.

The importance of carefully drafted certificates

Notarial certificates should accurately describe what the notary has actually verified.

For example, there is an important difference between certifying that a printed document is a copy of a document downloaded from an official registry and independently certifying the legal truth of every statement contained in that document.

The notary should identify the appropriate evidentiary basis for the certificate.

In some cases, a certificate may record that specified information was obtained from an official Australian corporate register.

In other cases, the notary may certify that a company officer executed a document in the notary’s presence.

The distinction is especially important where documents will be relied upon by foreign financial institutions or government agencies.

Greater reliance on electronic records is therefore increasing the value of precise notarial wording and transparent verification procedures.

9. New Anti-Money Laundering Obligations Affecting Legal Services

One of the most significant regulatory developments for Australian legal professionals in 2026 is the expansion of the anti-money laundering and counter-terrorism financing regime.

Australia’s reforms extended regulation to certain professional services commonly provided by lawyers, accountants, conveyancers and other professional advisers.

The new obligations commenced on 1 July 2026.

Businesses newly regulated under the reforms were generally required to enrol with AUSTRAC by 29 July 2026.

What the reforms mean for notaries

The legislation does not automatically regulate every notarial act simply because it is performed by a lawyer or Notary Public.

Instead, the relevant question is whether the professional provides a designated service within the scope of the legislation.

Potentially relevant activities include certain services involving property transactions, legal structures, corporate arrangements or transactions involving client funds.

For example, a lawyer who provides notarial services and also assists clients with establishing companies or administering particular transactions may need to assess whether those activities trigger obligations under the expanded regime.

Where the regime applies, responsibilities can include customer due diligence, risk assessments, recordkeeping, suspicious matter reporting and implementation of an appropriate compliance program.

An August 2026 clarification

AUSTRAC updated its professional designated services guidance on 31 August 2026 to include an example concerning notaries and notarial services.

This is particularly relevant because it reinforces the importance of distinguishing routine document authentication from other professional services covered by the regime.

Notarial practitioners should assess their actual services rather than assume that every activity is either regulated or exempt.

The reforms may also increase demand for identity verification and compliance-related professional services.

However, the existence of an anti-money laundering obligation does not, by itself, make notarisation a compulsory component of customer due diligence.

10. Digital Identity Verification and the Future of Notarial Practice

Digital identity verification is increasingly influencing the manner in which individuals establish their identity for legal and commercial purposes.

Traditional notarial identification frequently involves examining an original passport, driver’s licence or other government-issued identity document.

Digital technologies can supplement this process through automated document checks, facial matching and verification against authoritative data sources.

Australia’s development of digital identity infrastructure may influence future notarial procedures.

The Digital ID Act 2024 (Cth) established an important legislative framework supporting Australia’s broader digital identity system.

In certain contexts, digital identity services can provide strong evidence that an individual has satisfied prescribed identity verification requirements.

However, an important limitation remains.

Digital identity verification does not automatically replace a notary’s independent professional responsibilities.

Depending on the proposed notarial act, a notary may still need to assess the person’s identity, capacity, authority, willingness and understanding of the transaction.

These matters cannot necessarily be resolved through automated identity matching alone.

Fraud prevention

Digital identity verification also raises questions concerning cybersecurity and impersonation.

The increasing sophistication of artificial intelligence makes it possible to create convincing synthetic identification documents, manipulated videos and other fraudulent materials.

Notaries may therefore need to adopt more sophisticated procedures for detecting identity fraud.

These could include verification through official registries, stronger identity checks and additional scrutiny where suspicious circumstances arise.

Technology may improve notarial security, but it also introduces new risks requiring professional judgment.

11. Artificial Intelligence and Notarial Services

Artificial intelligence is beginning to influence the administration of legal and documentary services.

For Australian notarial practices, AI may be particularly useful in document preparation, workflow management, translation assistance and preliminary compliance reviews.

Potential applications include reviewing lengthy corporate documents, identifying missing information and detecting inconsistencies between names, addresses or identification details.

AI systems may also assist with the preparation of draft notarial certificates and the management of repeat corporate clients.

Opportunities and limitations

While AI can improve administrative efficiency, its outputs require appropriate professional supervision.

A notarial certificate is not simply a piece of generated text.

It records a professional act performed by an authorised individual who accepts responsibility for the assertions contained in the certificate.

An AI system cannot independently assume the statutory or professional authority of an Australian Notary Public.

AI-generated translations, document summaries and proposed certificates may also contain errors or unsupported statements.

The use of AI therefore requires appropriate accuracy checks, client confidentiality safeguards and human review.

AI-generated identity fraud

A particularly concerning development is the potential use of generative AI for sophisticated document and identity fraud.

AI-generated images, deepfake video and synthetic voices could make remote identity verification more difficult.

Future notarial practice may consequently place greater emphasis on secure digital credentials, direct verification of source documents and methods of detecting document manipulation.

Professional reliability, rather than administrative automation alone, will remain central to effective notarisation.

12. Electronic Conveyancing and Related Australian Reforms

Developments in Australian electronic conveyancing provide a useful illustration of the broader movement towards digital legal execution.

From 1 July 2026, Version 7 of the NSW Conveyancing Rules incorporated existing provisions permitting electronic signing and remote witnessing, where applicable, for land instruments, plans and associated documents.

The NSW Registrar General explained that these provisions standardised arrangements originally introduced during the COVID-19 pandemic.

This development reflects the continuing integration of electronic execution procedures into mainstream legal practice.

Nevertheless, the rules governing domestic Australian land transactions should not be confused with the requirements applicable to a foreign property transaction.

An Australian resident executing a power of attorney for use in another jurisdiction must still comply with the applicable formalities of that jurisdiction.

For example, the foreign authority may require notarisation using a physical seal notwithstanding the availability of electronic execution under NSW law.

Accordingly, notaries must consider both the Australian legal rules governing execution and the requirements of the overseas institution receiving the document.

13. Challenges Facing Australian Notaries in 2026

Despite considerable progress, several challenges remain.

Inconsistent international requirements

Foreign authorities continue to apply different rules concerning notarisation, signatures, translations, document formats and legalisation.

A document accepted by one overseas institution may be rejected by another.

This creates uncertainty for clients and requires practitioners to obtain clear instructions about the intended use of each document.

Limited international acceptance of digital notarisation

Although electronic signatures are increasingly accepted in Australia, overseas authorities may continue to require physical documents.

A fully electronic notarial process therefore remains difficult where international acceptance is uncertain.

Increased cybersecurity risks

Notaries regularly handle passports, corporate records, financial information and other sensitive documents.

Electronic storage and transmission must therefore be supported by appropriate cybersecurity and confidentiality measures.

Regulatory complexity

Different states and territories maintain their own legal frameworks for notarial appointments and documentary execution.

Practitioners must also consider Commonwealth law, professional obligations and the requirements of foreign jurisdictions.

Greater client expectations

Clients increasingly expect prompt appointments, secure electronic communications and efficient document processing.

Notarial practices that modernise their administration while maintaining professional standards may be better positioned to meet these expectations.

14. The Future of Notarisation in Australia

Several developments are likely to shape Australian notarial services over the coming years.

First, electronic identity verification is likely to become increasingly important.

Secure digital credentials may provide additional methods of authenticating identities and reducing reliance on easily falsified copies of traditional identification documents.

Second, international adoption of electronic apostilles may gradually improve cross-border document processing.

If Australia introduces a comprehensive e-Apostille system in the future, it could significantly reduce the administrative burden associated with paper-based legalisation.

Third, artificial intelligence may improve efficiency in document preparation, compliance administration and record management.

However, the professional responsibility of the notary will remain essential.

Fourth, Australia’s commercial relationships with major Asian economies are likely to sustain demand for notarisation of corporate, personal and property documents.

Finally, further harmonisation of electronic execution laws may help reduce inconsistencies between Australian jurisdictions.

The challenge for legislators and professional regulators will be to balance technological innovation against the need for reliable legal authentication.

15. Practical Recommendations for Individuals and Businesses

Individuals and organisations requiring Australian notarisation should consider several matters before arranging an appointment.

Identify the receiving authority. Confirm which foreign government agency, bank, company, court or professional organisation will receive the document.

Confirm whether notarisation is required. Not all documents intended for overseas use require a Notary Public.

Determine whether an apostille or authentication certificate is necessary. The appropriate procedure will depend on the destination country, the document and the applicable legal requirements.

Check whether original documents are required. A scanned copy or electronically generated document may not be sufficient for the particular notarial certificate requested.

Verify translation requirements. Some authorities require certified translations or translations prepared by specifically accredited professionals.

Allow sufficient processing time. International transactions may involve notarial appointments, government legalisation, translations and overseas delivery.

Confirm whether electronic documents are acceptable. A document validly signed electronically in Australia may not satisfy the receiving authority’s requirements.

Obtaining these details before preparing the documents can prevent unnecessary delays, additional costs and rejected applications.

Conclusion

Australian notarisation is entering a period of substantial technological and regulatory change.

The expansion of digital statutory declarations, permanent remote-witnessing arrangements, modern electronic execution rules and developing digital identity technologies demonstrate Australia’s broader commitment to modernising legal documentation.

At the international level, the growing importance of the Hague Apostille Convention, particularly following China’s accession, is simplifying many cross-border documentary procedures.

Meanwhile, the expansion of anti-money laundering regulation and the emergence of AI-related identity risks are creating new compliance and security considerations for legal practitioners.

Notwithstanding these developments, the fundamental purpose of notarisation remains unchanged.

Australian Notaries Public provide independent professional authentication that allows documents and legal acts to be relied upon internationally.

The future of the profession will depend on integrating efficient digital processes with careful legal verification, professional independence and international acceptance.

As Australian individuals and businesses become increasingly connected to global markets, reliable notarial services will continue to play an important role in facilitating international transactions.

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About My Notary Public

My Notary Public provides professional notarial services for individuals and businesses requiring Australian documents to be certified, witnessed or authenticated for use overseas.

Services include notarisation of corporate documents, powers of attorney, passports, identification documents, academic qualifications and other documents intended for international transactions.

For further information about Australian notarisation and overseas document authentication, visit:

www.mynotarypublic.com.au

Disclaimer: This article provides general information about Australian notarial law and practice as at 19 October 2026. Requirements vary according to the type of document, applicable law and overseas receiving authority. It does not constitute legal advice.