POWERS OF ATTORNEY ACT 2006 - TABLE OF PROVISIONS CHAPTER 1--PRELIMINARY 1. Name of Act 3. Dictionary 4. Notes 5. Offences against Act--application of Criminal Code etc CHAPTER 2--GENERAL OVERVIEW AND IMPORTANT CONCEPTS 6. Principal and attorney 7. What is a general power of attorney? 8. What is an enduring power of attorney? 9. What are decision-making capacity and impaired decision-making 10. Meaning of property matter 11. Meaning of personal care matter 12. Meaning of health care matter CHAPTER 3--HOW TO APPOINT AN ATTORNEY PART 3.1--WHAT THE PRINCIPAL NEEDS TO DO 13. Appointment of attorneys 14. Limit on s 13 power to appoint attorneys--enduring powers of 15. Appointment of attorneys by name or position 16. When and how power under power of attorney exercisable 17. Understanding nature and effect of making powers of attorney 18. Presumption that principal understands nature and effect of making power of PART 3.2--TECHNICAL REQUIREMENTS 19. Formal requirements for powers of attorney 20. Who can sign for the principal? 21. Who can be a witness? 22. Certificates by witnesses to powers of attorney 23. Enduring power of attorney ineffective for attorney unless accepted 24. Powers of attorney may be made outside ACT PART 3.3--AUTHORISATION OF 2 OR MORE ATTORNEYS 25. Authorisation of 2 or more attorneys under power of attorney 26. Multiple attorneys usually joint 27. If multiple attorneys cannot exercise power unanimously 28. Effect of joint attorney not accepting enduring power of attorney CHAPTER 4--OPERATION OF POWERS OF ATTORNEY PART 4.1--OPERATION OF POWERS OF ATTORNEY GENERALLY 29. Powers of attorney are deeds 30. Principal may act despite giving power of attorney 31. How does enduring power of attorney operate while principal has PART 4.2--OPERATION OF ENDURING POWERS OF ATTORNEY 32. Enduring power of attorney--principal's impaired decision-making PART 4.3--THINGS ATTORNEYS CAN AND CANNOT DO Division 4.3.1--Things attorneys can and cannot do generally 33. Others acting for attorney 34. Powers of attorney do not generally give authority to benefit 35. Things that cannot be lawfully done by attorneys 36. Special personal matters 37. Special health care matters Division 4.3.2--Things attorneys can and cannot do under enduring powers of attorney 38. Enduring powers of attorney do not generally give authority to make 39. Express general authority to make gifts in enduring powers of 40. Express general authority to provide for reasonable living expenses in enduring powers 41. Powers to maintain principal's dependants--enduring powers of PART 4.4--OBLIGATIONS OF ATTORNEYS AND OTHERS Division 4.4.1--Obligations of all attorneys 42. Conflict transactions 43. Obligation of attorneys to keep interested people informed Division 4.4.2--Obligations of attorneys under enduring power of attorney--principal with impaired decision-making capacity 44. Principles for attorneys under enduring powers of attorney 45. Right of attorneys to information--enduring powers of 46. Conditions on exercise of power in relation to medical treatment--enduring powers of 47. Keeping records--enduring powers of attorney 48. Keeping property separate--enduring powers of attorney Division 4.4.3--Obligations in relation to health care 49. Obligations on health care facilities in relation to powers of attorney PART 4.5--IF ATTORNEYS DO NOT COMPLY WITH ACT 50. Compensation for failure to comply with Act 51. Compensation under s 50 and later civil proceeding 52. Relief from personal liability by court CHAPTER 5--ENDING POWERS OF ATTORNEY 53. Resignation of attorney's appointment under power of attorney 54. No irrevocable powers of attorney 55. Advice of revocation of power of attorney 56. Revocation of power of attorney according to its terms 57. Principal's impaired decision-making capacity--general power of 58. Enduring power of attorney sometimes revoked by marriage or civil 59. Enduring power of attorney sometimes revoked by end of marriage or civil 60. Death of principal for power of attorney 61. Death of attorney under power of attorney 62. Effect of bankruptcy of individual attorney 63. Attorney's impaired decision-making capacity for power of attorney 64. Effect of winding up etc of corporate attorney 65. Multiple attorneys with separate powers--effect of revocation of powers of some 66. Joint general power of attorney--effect of revocation of powers of some 67. Joint enduring power of attorney--effect of revocation of powers of 68. Power of attorney revoked in relation to each attorney 69. Revocation by later power of attorney CHAPTER 6--PROTECTION AND RELIEF FROM LIABILITY 70. Definitions--ch 6 71. Protection if court or ACAT orders etc 72. Protection for attorney if unaware of invalidity 73. Protection for transaction if dealing with attorney and unaware of CHAPTER 7--PROCEEDINGS AND RIGHTS PART 7.1--INTERPRETATION--CH 7 74. Meaning of interested person--ch 7 PART 7.3--SUPREME COURT ORDERS 80. Supreme Court--confirming powers understood by principal 81. Supreme Court--confirming powers subsequently affirmed by 82. Effect of pt 7.3 orders on future acts PART 7.4--OTHER PROCEEDINGS AND RIGHTS 83. Assistance by public trustee 84. Access to principal 85. Attorney's health care decision not in principal's interest 86. Adequate pain relief 87. Medical certificate about impaired decision-making capacity CHAPTER 8--INTERSTATE DOCUMENTS EQUIVALENT TO POWERS OF ATTORNEY 88. Recognition of general powers of attorney made under other laws 89. Recognition of enduring powers of attorney made under other laws CHAPTER 9--MISCELLANEOUS 90. Dishonestly inducing making etc of power of attorney 91. Things that do not indicate impaired decision-making capacity 92. Application of Act to powers of attorney 93. Powers of attorney forms under Powers of Attorney Act 1956 94. Powers of attorney to consent to body part donations etc under Powers of Attorney Act 95. Powers of attorney made under Medical Treatment Act 1994 96. Approved forms 97. Regulation-making power SCHEDULE 1 DICTIONARY ENDNOTES POWERS OF ATTORNEY ACT 2006 - LONG TITLE An Act about powers of attorney, and for other purposes POWERS OF ATTORNEY ACT 2006 - SECT 1 Name of Act This Act is the Powers of Attorney Act 2006. POWERS OF ATTORNEY ACT 2006 - SECT 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act. For example, the signpost definition 'decision-making capacity--see section 9 (1).' means that the term 'decision-making capacity' is defined in that subsection. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). POWERS OF ATTORNEY ACT 2006 - SECT 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. POWERS OF ATTORNEY ACT 2006 - SECT 5 Offences against Act--application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. POWERS OF ATTORNEY ACT 2006 - SECT 6 Principal and attorney An attorney is a person who is authorised under a power of attorney to make decisions and do particular other things for the person (the principal) who made the power of attorney. POWERS OF ATTORNEY ACT 2006 - SECT 7 What is a general power of attorney? A general power of attorney is a power of attorney under this Act that operates only while the principal has decision-making capacity. POWERS OF ATTORNEY ACT 2006 - SECT 8 What is an enduring power of attorney? An enduring power of attorney is a power of attorney under this Act that is not revoked by the principal becoming a person with impaired decision-making capacity. Note An enduring power of attorney operates as a general power of attorney while the principal has decision-making capacity (see s 31). POWERS OF ATTORNEY ACT 2006 - SECT 9 What are decision-making capacity and impaired decision-making capacity? (1) For this Act, a person has decision-making capacity if the person can make decisions in relation to the person's affairs and understands the nature and effect of the decisions. (2) For this Act, a person has impaired decision-making capacity if the person cannot make decisions in relation to the person's affairs or does not understand the nature or effect of the decisions the person makes in relation to the person's affairs. Note 1 A person is not taken to have impaired decision-making capacity only because of certain attributes or behaviours (see s 91). Note 2 For the criteria to work out if a person understands the nature and effect of making an enduring power of attorney, see s 17. POWERS OF ATTORNEY ACT 2006 - SECT 10 Meaning of property matter In this Act: "property matter", for a principal, means a matter relating to the principal's property. Examples of property matters a power of attorney may deal with 1 paying maintenance and accommodation expenses for the principal and the principal's dependants 2 paying the principal's debts and expenses 3 receiving and recovering amounts payable to the principal 4 carrying on the principal's trade or business 5 performing contracts entered into by the principal 6 discharging a mortgage over the principal's property 7 paying rates, taxes and other outgoings for the principal's property 8 insuring the principal or the principal's property 9 preserving or improving the principal's estate 10 investing in authorised investments for the principal 11 continuing investments of the principal, including taking up rights to share issues, or options for new shares, to which the principal becomes entitled because of the principal's shareholding 12 undertaking transactions for the principal involving the use of the principal's property as security for the benefit of the principal 13 undertaking a real estate transaction for the principal 14 dealing with land under the Land Titles Act 1925 for the principal 15 withdrawing amounts from, or depositing amounts into, an account of the principal held with an authorised deposit-taking institution 16 legal matters in relation to the principal's finances and property Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). POWERS OF ATTORNEY ACT 2006 - SECT 11 Meaning of personal care matter In this Act: "personal care matter", for a principal, means a matter, other than a health care matter, special personal matter or special health care matter relating to the principal's personal care, including the principal's welfare. Examples of personal care matters a power of attorney may deal with 1 where the principal lives 2 who the principal lives with 3 whether the principal works and, if the principal works, where and how the principal works 4 what education or training the principal gets 5 whether the principal applies for a licence or permit 6 the principal's daily dress and diet 7 whether to consent to a forensic examination of the principal 8 whether the principal will go on holiday and where 9 legal matters relating to the principal's personal care Note 1 Special personal matter--see s 36. Special health care matter--see s 37. Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). POWERS OF ATTORNEY ACT 2006 - SECT 12 Meaning of health care matter In this Act: "health care matter", for a principal, means a matter, other than a special health care matter, relating to the principal's health care. Examples of health care matters a power of attorney may deal with 1 consenting to lawful medical treatment necessary for the principal's wellbeing 2 donations (other than donations of non-regenerative tissue) under the Transplantation and Anatomy Act 1978 by the principal to someone else 3 withholding or withdrawal of medical treatment for the principal 4 legal matters relating to the principal's health care Note 1 Special health care matter--see s 37. Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). POWERS OF ATTORNEY ACT 2006 - SECT 13 Appointment of attorneys (1) An adult (the principal) may, by a power of attorney, appoint 1 or more people to do anything for the principal that the principal can lawfully do by an attorney. Note 1 If a form is approved under s 96 for this provision, the form must be used. Note 2 The principal must understand the nature and effect of making the power of attorney (see s 17 and s 18). Note 3 Section 14 contains limits on this general power of appointment in relation to enduring powers of attorney. Note 4 A power to appoint a person to do something includes a power to appoint a corporation to do the thing (see Legislation Act, s 160 (1)). (2) By an enduring power of attorney, an adult (the principal) may also appoint 1 or more people to do anything in relation to 1 or more property matters, personal care matters or health care matters for the principal that the principal could lawfully do by an attorney if the principal had decision-making capacity for the matter when the power to do the thing is exercised. Note Section 14 contains limits on this general power of appointment. (3) However, an adult must not, by a power of attorney, appoint a child as an attorney. POWERS OF ATTORNEY ACT 2006 - SECT 14 Limit on s 13 power to appoint attorneys--enduring powers of attorney (1) Under section 13, a principal must not, in an enduring power of attorney, appoint as an attorney for a property matter-- (a) a corporation other than-- (i) the public trustee; or (ii) a trustee company under the Trustee Companies Act 1947; or (b) a person who is bankrupt or has executed a personal insolvency agreement. Note For the extended meaning of bankrupt and personal insolvency agreement, see the dictionary. (2) Under section 13, a principal must not, in an enduring power of attorney, appoint a corporation as an attorney for a personal care or health care matter. (3) Under section 13, a principal must not, in an enduring power of attorney, appoint the public advocate as an attorney for a matter other than a personal care or health care matter. (4) A person for whom a guardian or manager is appointed under the Guardianship and Management of Property Act 1991 cannot make an enduring power of attorney unless the ACAT approves the provisions of the power. POWERS OF ATTORNEY ACT 2006 - SECT 15 Appointment of attorneys by name or position A principal may appoint a person to act under a power of attorney by-- (a) naming the person; or (b) nominating the occupant of a position (however described), at a particular time or from time to time. Note The principal may revoke a power of attorney if the principal has decision-making capacity. POWERS OF ATTORNEY ACT 2006 - SECT 16 When and how power under power of attorney exercisable (1) A principal may state in a power of attorney when, and how, power under the power of attorney is exercisable. Examples of when power may be exercisable 1 if I am outside Australia for more than 1 month 2 if the property at 13 Mae West Drive is sold 3 starting on 14 February 2007 Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) However, if the power of attorney does not state when the power is exercisable, the power can be exercised once the power of attorney is made. POWERS OF ATTORNEY ACT 2006 - SECT 17 Understanding nature and effect of making powers of attorney Understanding the nature and effect of making a power of attorney includes understanding each of the following: (a) that the principal may, in the power of attorney, state or limit the power to be given to an attorney; (b) that the principal may, in the power of attorney, instruct the attorney about the exercise of the power; (c) when the power under the power of attorney can be exercised; (d) that, if the power under a power of attorney can be exercised for a matter, the attorney has the power to make decisions in relation to, and will have full control over, the matter subject to terms or information about exercising the power that are included in the power of attorney; (e) that the principal may revoke the power of attorney at any time the principal is capable of making the power of attorney; (f) for enduring powers of attorney only-- (i) that the power given by the principal continues even if the principal becomes a person with impaired decision-making capacity; and (ii) that, at any time the principal is not capable of revoking the power of attorney, the principal cannot effectively oversee the use of the power. Note A person has decision-making capacity if the person can make decisions in relation to the person's affairs and understands the nature and effect of the decisions (see s 9 (1)). POWERS OF ATTORNEY ACT 2006 - SECT 18 Presumption that principal understands nature and effect of making power of attorney In the absence of evidence to the contrary, a principal who makes a power of attorney is taken, for this Act, to understand the nature and effect of making the power of attorney. POWERS OF ATTORNEY ACT 2006 - SECT 19 Formal requirements for powers of attorney (1) A power of attorney must be signed-- (a) by the principal; or (b) by the direction, and in the presence, of the principal, by someone eligible to sign for the principal. Note See s 20 for who is eligible to sign for the principal. (2) The power of attorney must-- (a) be signed and dated by 2 adult witnesses in the presence of the principal and each other; and (b) contain a certificate signed by each witness in accordance with section 22. Note Section 21 sets out who can be a witness to a power of attorney. POWERS OF ATTORNEY ACT 2006 - SECT 20 Who can sign for the principal? A person is eligible to sign a power of attorney for the principal if the person-- (a) is an adult; and (b) is not a witness for the power of attorney; and (c) is not an attorney for the principal. POWERS OF ATTORNEY ACT 2006 - SECT 21 Who can be a witness? (1) A person cannot be a witness to a power of attorney if the person is-- (a) a person signing the power of attorney for the principal; or (b) a person appointed as attorney under the power of attorney; or (c) a child. (2) Only 1 of the witnesses to the power of attorney can be a relative of-- (a) the principal; or (b) a person appointed as attorney under the power of attorney. (3) For an enduring power of attorney, 1 witness must be a person authorised to witness the signing of a statutory declaration. POWERS OF ATTORNEY ACT 2006 - SECT 22 Certificates by witnesses to powers of attorney (1) If a power of attorney is signed by the principal, the power of attorney must include a certificate signed by each witness stating that-- (a) the principal signed the power of attorney voluntarily in the presence of the witness; and (b) at the time the principal signed the power of attorney, the principal appeared to the witness to understand the nature and effect of making the power of attorney. Note A principal must understand the matters in s 17 to understand the nature and effect of making a power of attorney. However, in the absence of evidence to the contrary, the principal is taken to understand the nature and effect of making the power of attorney (see s 18). (2) If a power of attorney is signed by a person for the principal, the power of attorney must include a certificate signed by each witness stating that-- (a) the principal directed the person to sign the power of attorney for the principal; and (b) the principal gave the direction voluntarily in the presence of the witness; and (c) the person signed the power of attorney in the presence of the principal and the witness; and (d) at the time the principal gave the direction to sign the power of attorney, the principal appeared to the witness to understand the nature and effect of making the power of attorney. POWERS OF ATTORNEY ACT 2006 - SECT 23 Enduring power of attorney ineffective for attorney unless accepted An enduring power of attorney is effective in relation to an attorney only if the attorney has accepted the appointment by signing the enduring power of attorney. Note For what happens if 1 of multiple attorneys does not accept appointment, see section 28. POWERS OF ATTORNEY ACT 2006 - SECT 24 Powers of attorney may be made outside ACT For this Act, it does not matter whether a power of attorney made under this Act is made in or outside the ACT. Note to pt 3.3 For provisions about multiple attorneys and revocation, see s 65 to s 68. POWERS OF ATTORNEY ACT 2006 - SECT 25 Authorisation of 2 or more attorneys under power of attorney A principal may, under a power of attorney, authorise 2 or more attorneys in either or both of the following ways: (a) by authorising the attorneys to act together or separately, or in any combination; (b) by authorising different attorneys to act in different circumstances, on the happening of different events or in relation to different matters. Examples 1 A power of attorney authorises Jo to act for the principal only if Wilhelm (another attorney) becomes a person with impaired decision-making capacity. 2 A power of attorney authorises Frank to act for the principal until Melissa turns 18 and becomes the attorney. 3 A power of attorney authorises Violet and Ian as attorneys act separately for the principal, except in relation to health care matters when they must make decisions together. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). POWERS OF ATTORNEY ACT 2006 - SECT 26 Multiple attorneys usually joint (1) This section applies if-- (a) 2 or more attorneys are authorised under a power of attorney in relation to a matter; and (b) the power of attorney does not state how they are to share a power given to them. (2) The attorneys are authorised to exercise the power together but not separately. POWERS OF ATTORNEY ACT 2006 - SECT 27 If multiple attorneys cannot exercise power unanimously (1) This section applies if-- (a) 2 or more attorneys are authorised under an enduring power of attorney by a principal in relation to a matter; and (b) the power of attorney does not state how they are to share a power given to them; and (c) the principal has impaired decision-making capacity; and (d) it is impracticable or impossible for the attorneys to exercise the power unanimously. (2) One or more of the attorneys, or another interested person in relation to the power of attorney, may apply to the ACAT for directions or an order. (3) In this section: "interested person"--see section 74. POWERS OF ATTORNEY ACT 2006 - SECT 28 Effect of joint attorney not accepting enduring power of attorney (1) This section applies if-- (a) an enduring power of attorney authorises 3 or more attorneys to exercise a power together but not separately; and (b) the power of attorney does not require a stated number of attorneys to accept the power of attorney before the attorneys may exercise the power; and (c) not all, but at least 2, of the attorneys have accepted the power of attorney. (2) The attorneys who have accepted the power under the enduring power of attorney may exercise the power. Example Alex authorises Beryl, Claude and David to act together as attorneys under an enduring power of attorney. Beryl and David accept the power of attorney, Claude does not. Beryl and David may exercise a power under the power of attorney together. Claude accepts the enduring power of attorney later. After Claude accepts, Beryl and David cannot exercise the power without Claude. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (3) However, if the enduring power of attorney requires a stated number of attorneys to exercise a power together, the power must not be exercised unless that number of attorneys accepts the power of attorney. POWERS OF ATTORNEY ACT 2006 - SECT 29 Powers of attorney are deeds (1) A power of attorney that complies with this Act is, for all purposes, taken to be a deed, even though it is not expressed to be a deed or to be sealed. Note A deed may be registered (see Registration of Deeds Act 1957) and must be registered for a dealing with land by the attorney to be registered (see Land Titles Act 1925, s 130). (2) In this section: "power of attorney" includes-- (a) an amendment of a power of attorney; and (b) a revocation of a power of attorney. POWERS OF ATTORNEY ACT 2006 - SECT 30 Principal may act despite giving power of attorney To remove any doubt, the giving of a power of attorney does not affect the principal's power to do anything that the principal is otherwise legally capable of doing. POWERS OF ATTORNEY ACT 2006 - SECT 31 How does enduring power of attorney operate while principal has capacity? (1) This section applies to an enduring power of attorney that operates while the principal has decision-making capacity. (2) While the principal has decision-making capacity, the power of attorney operates as a general power of attorney in relation to property matters. POWERS OF ATTORNEY ACT 2006 - SECT 32 Enduring power of attorney--principal's impaired decision-making capacity (1) An enduring power of attorney giving power in relation to a matter is not revoked by the principal becoming a person with impaired decision-making capacity, either generally or in relation to the matter. (2) Also, a power under an enduring power of attorney can be exercised-- (a) while the principal has impaired decision-making capacity; and (b) whether or not a condition about when the power is to start to operate is satisfied. Example An enduring power of attorney appointing Jack is stated to take effect on 3 January 2007. However, the principal becomes a person with impaired decision-making capacity on 27 October 2006. Jack can exercise a power under the enduring power of attorney starting on 27 October 2006. Note 1 A medical certificate can be evidence that the principal had, or did not have, impaired decision-making capacity (see s 87). Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). POWERS OF ATTORNEY ACT 2006 - SECT 33 Others acting for attorney (1) An attorney under a general power of attorney may authorise someone else to exercise all or any of the attorney's powers, whether or not there is express power for the authorisation. Examples of authorisations 1 substitute decision-maker 2 delegate 3 sub-attorney Note 1 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). Note 2 If a form is approved under s 96 for this provision, the form must be used. (2) An enduring power of attorney does not authorise an attorney to authorise anyone else to exercise the powers of the attorney while the principal has impaired decision-making ability. (3) However, if an enduring power of attorney expressly authorises an attorney to authorise someone else to exercise all or any of the attorney's powers, the attorney may, in accordance with the express authorisation, authorise someone else to exercise the attorney's powers if-- (a) the person could be appointed as an attorney under an enduring power of attorney; and (b) the person authorised is known to the principal, or was known to the principal when the principal had decision-making capacity. (4) To remove any doubt, a person authorised under this section to exercise an attorney's powers is taken to be the attorney for this Act. POWERS OF ATTORNEY ACT 2006 - SECT 34 Powers of attorney do not generally give authority to benefit attorneys A power of attorney does not authorise an attorney to execute an assurance or other document, or do anything else, that would result in a benefit being given to the attorney unless the power of attorney expressly authorises the giving of a benefit of that kind to the attorney. POWERS OF ATTORNEY ACT 2006 - SECT 35 Things that cannot be lawfully done by attorneys A principal cannot do the following by an attorney under a power of attorney: (a) authorise the attorney to exercise power in relation to special personal matters; (b) authorise the attorney to exercise power in relation to special health care matters. Note Special personal matter--see s 36. Special health care matter--see s 37. POWERS OF ATTORNEY ACT 2006 - SECT 36 Special personal matters For this Act, each of the following is a special personal matter for a principal: (a) making or revoking the principal's will; (b) making or revoking a power of attorney for the principal; (c) exercising the principal's right to vote in a Commonwealth, Territory, State or local government election or referendum; (d) consenting to the adoption of a child of the principal who is under 18 years; (e) consenting to the marriage of the principal. POWERS OF ATTORNEY ACT 2006 - SECT 37 Special health care matters (1) For this Act, each of the following is a special health care matter for a principal: (a) removal of non-regenerative tissue from the principal while alive for donation to someone else; (b) sterilisation of the principal if the principal is, or is reasonably likely to be, fertile; (c) termination of the principal's pregnancy; (d) participation in medical research or experimental health care; (e) treatment for mental illness; (f) electroconvulsive therapy or psychiatric surgery; (g) health care prescribed by regulation. Note Health care--see the dictionary. (2) In this section: "electroconvulsive therapy"--see the Mental Health (Treatment and Care) Act 1994, section 55. health care primarily to treat organic malfunction or disease, of a principal, means health care without which an organic malfunction or disease of the principal is likely to cause serious or irreversible damage to the principal's physical health. Examples of health care covered by par (a) 1 Health care involving sterilisation may be primarily to treat organic malfunction or disease if the principal has cancer affecting the reproductive system or cryptorchidism. 2 A procedure involving termination of a principal's pregnancy may be primarily to treat organic malfunction if the principal requires abdominal surgery for injuries sustained in an accident. Note 1 Health care primarily to treat organic malfunction or disease is used in the definitions of sterilisation and termination. Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). "mental illness"--see the Mental Health (Treatment and Care) Act 1994, dictionary. "non-regenerative tissue"--see the Transplantation and Anatomy Act 1978, dictionary. "psychiatric surgery"--see the Mental Health (Treatment and Care) Act 1994, dictionary. "sterilisation", of a principal-- (a) means health care of the principal that is intended, or reasonably likely, to make the principal, or ensure the principal is, permanently infertile; but (b) does not include health care primarily to treat organic malfunction or disease of the principal. Examples of sterilisation if not primarily to treat organic malfunction or disease 1 endometrial oblation 2 hysterectomy 3 tubal ligation 4 vasectomy "termination", of a principal's pregnancy, does not include health care primarily to treat organic malfunction or disease of the principal. POWERS OF ATTORNEY ACT 2006 - SECT 38 Enduring powers of attorney do not generally give authority to make gifts An enduring power of attorney does not authorise the attorney to make a gift of all or any of the principal's property to anyone else unless the power of attorney expressly authorises the making of the gift. POWERS OF ATTORNEY ACT 2006 - SECT 39 Express general authority to make gifts in enduring powers of attorney (1) This section applies if an enduring power of attorney contains a general authorisation to make gifts. (2) A general authorisation to make gifts (however described) in an enduring power of attorney authorises the following gifts: (a) a gift made to a relative or close friend of the principal for a celebration or special event; (b) a gift that is a donation of a kind that-- (i) the principal made when the principal had decision-making capacity; or (ii) the principal might reasonably be expected to make. Examples of celebrations for par (a) 1 birthday 2 Easter 3 Hanukah Examples of special events for par (a) 1 birth 2 marriage 3 graduation Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (3) However, the general authorisation to make gifts in an enduring power of attorney does not authorise making a gift mentioned in subsection (2) if the value of the gift is more than is reasonable to make. (4) In working out what is reasonable for subsection (3), and without limiting what must be considered, the principal's financial circumstances and the size of the principal's estate must be considered. (5) Subsection (2) does not prevent the attorney, or a charity with which the attorney has a connection, from receiving a gift under the general authorisation to make gifts. POWERS OF ATTORNEY ACT 2006 - SECT 40 Express general authority to provide for reasonable living expenses in enduring powers of attorney (1) This section applies if an enduring power of attorney expressly authorises the payment of reasonable living expenses (however described) for a named person. (2) Unless the power of attorney expressly provides otherwise, the power of attorney only authorises the payment of reasonable costs of the following in relation to the named person: (a) housing; (b) food; (c) education; (d) transportation; (e) medical care and medication. (3) In working out what are reasonable costs for subsection (2), and without limiting what must be considered, the principal's financial circumstances and the size of the principal's estate must be considered. POWERS OF ATTORNEY ACT 2006 - SECT 41 Powers to maintain principal's dependants--enduring powers of attorney (1) An attorney for a property matter under an enduring power of attorney may provide from the principal's estate for the needs of a dependant of the principal. (2) However, unless there is a contrary intention expressed in the enduring power of attorney, what is provided must not be more than what is reasonable considering all the circumstances and, in particular, the principal's financial circumstances. POWERS OF ATTORNEY ACT 2006 - SECT 42 Conflict transactions (1) For this section, a conflict transaction is a transaction that results, or may result, in conflict between-- (a) the duty of an attorney towards the principal; and (b) either-- (i) the interests of the attorney, or a relative, business associate or close friend of the attorney; or (ii) another duty of the attorney. (2) However, a transaction is not a conflict transaction only because, by the transaction, the attorney in the attorney's own right and on behalf of the principal-- (a) deals with an interest in property jointly held; or (b) acquires a joint interest in property; or (c) obtains a loan or gives a guarantee or indemnity in relation to a transaction mentioned in paragraph (a) or (b). (3) An attorney may enter into a conflict transaction only if the principal authorises the transaction, conflict transactions of that kind or conflict transactions generally, in the power of attorney. (4) In this section: "joint interest" includes an interest as a joint tenant or tenant in common. POWERS OF ATTORNEY ACT 2006 - SECT 43 Obligation of attorneys to keep interested people informed (1) This section applies if any of the following events happen: (a) a person (the relevant person) resigns the person's appointment as attorney under a power of attorney; (b) the appointment of a person (the relevant person) as an attorney under a power of attorney is revoked; (c) a court or the ACAT makes an order in relation to a power of attorney that affects the appointment of a person (the relevant person) under the power of attorney. (2) The relevant person must give notice of the event to-- (a) any other attorney or person authorised under the power of attorney to exercise the relevant person's powers as attorney; and (b) if the event is the making of a court order or ACAT order in relation to the power of attorney that affects the relevant person's authorisation under the power of attorney--each person dealing with the relevant person as an attorney. Note An attorney under a general power of attorney may authorise someone to exercise the attorney's powers (see s 33). (3) However, the relevant person need not give notice under subsection (2) to a person (the informed person) about an event if the relevant person believes, on reasonable grounds, that the informed person already knows about the event. POWERS OF ATTORNEY ACT 2006 - SECT 44 Principles for attorneys under enduring powers of attorney The principles (the general principles) set out in schedule 1 must be complied with to the maximum extent possible by a person who exercises the functions of an attorney under an enduring power of attorney in relation to a principal with impaired decision-making capacity. POWERS OF ATTORNEY ACT 2006 - SECT 45 Right of attorneys to information--enduring powers of attorney (1) This section applies in relation to an enduring power of attorney if the principal has impaired decision-making capacity. (2) An attorney under the enduring power of attorney has a right to all the information (the available information) that the principal would have been entitled to if the principal had decision-making capacity. (3) A person who has custody or control of the available information must disclose the information to the attorney if asked. (4) However, subsections (2) and (3) are subject to any contrary intention, or express limitation, in the enduring power of attorney. POWERS OF ATTORNEY ACT 2006 - SECT 46 Conditions on exercise of power in relation to medical treatment--enduring powers of attorney (1) This section applies in relation to an enduring power of attorney if the principal has impaired decision-making capacity. (2) An attorney under the enduring power of attorney must not ask for medical treatment to be withheld or withdrawn from the principal unless-- (a) the attorney has consulted a doctor about-- (i) the nature of the principal's illness; and (ii) any alternative forms of treatment available to the principal; and (iii) the consequences to the principal of remaining untreated; and (b) the attorney believes, on reasonable grounds, that the principal would ask for the medical treatment to be withheld or withdrawn if the principal-- (i) could make a rational judgment; and (ii) were to give serious consideration to the principal's own health and wellbeing. POWERS OF ATTORNEY ACT 2006 - SECT 47 Keeping records--enduring powers of attorney An attorney for a property matter under an enduring power of attorney must, while the principal has impaired decision-making capacity, keep accurate records and accounts of all dealings and transactions made under the power. POWERS OF ATTORNEY ACT 2006 - SECT 48 Keeping property separate--enduring powers of attorney (1) An attorney for a property matter under an enduring power of attorney must, while the principal has impaired decision-making capacity, keep the attorney's property separate from the principal's property. Note Property includes money and financial assets (see dict). (2) This section does not-- (a) apply to property owned jointly by the principal and attorney; or (b) affect any other obligation imposed under territory law. POWERS OF ATTORNEY ACT 2006 - SECT 49 Obligations on health care facilities in relation to powers of attorney The person in charge of a health care facility must take all reasonable steps to ensure that-- (a) each person receiving care at the facility is asked whether the person has an enduring power of attorney for personal care matters or health care matters; and (b) if a person has a power of attorney of that kind--a copy of the power of attorney is kept with the person's records; and (c) a process is in place to periodically check the currency of powers of attorney kept. POWERS OF ATTORNEY ACT 2006 - SECT 50 Compensation for failure to comply with Act (1) An attorney under a power of attorney may be ordered by the Supreme Court to compensate the principal (or, if the principal has died, the principal's estate) for a loss caused by the attorney's failure to comply with this Act in the exercise of a power. Note Under s 52, the attorney may be relieved from liability. (2) Subsection (1) applies whether or not the attorney is convicted of an offence in relation to the attorney's failure. (3) If the principal or attorney has died, the application for compensation must be made to a court within 6 months after the day of the death. (4) If the principal and the attorney have died, the application for compensation must be made to a court within 6 months after the day of the first death. (5) The Supreme Court may extend the application time under subsection (3) or (4). Note An application for an extension may be made before or after the end of the period to be extended (see Legislation Act, s 151C). POWERS OF ATTORNEY ACT 2006 - SECT 51 Compensation under s 50 and later civil proceeding (1) This section applies if-- (a) compensation for an attorney's failure to comply with this Act is paid in accordance with an order under section 50; and (b) a later civil proceeding is brought in relation to the same failure. (2) The payment of compensation must be taken into account in assessing damages in the civil proceeding. POWERS OF ATTORNEY ACT 2006 - SECT 52 Relief from personal liability by court (1) This section applies if a court considers that-- (a) an attorney is, or may be, personally liable for a contravention of this Act; and (b) the attorney has acted honestly and reasonably and ought fairly to be excused for the contravention. (2) The court may relieve the attorney from all or part of the attorney's personal liability for the contravention. (3) If the attorney is an attorney under an enduring power of attorney, in deciding whether the attorney should be relieved of liability, the court must consider the extent to which the attorney has acted consistently with the general principles. Note An enduring power of attorney, or part of the power, may also be revoked by the ACAT. POWERS OF ATTORNEY ACT 2006 - SECT 53 Resignation of attorney's appointment under power of attorney (1) An attorney may resign the attorney's appointment under a power of attorney by written notice of resignation given to the principal. (2) However, if a principal has impaired decision-making capacity for a matter, an attorney under an enduring power of attorney may only resign as attorney for the matter with the leave of the ACAT. Note The ACAT may appoint a guardian for the principal (see Guardianship and Management of Property Act 1991, s 7). (3) To remove any doubt, a power of attorney is revoked in relation to an attorney if the attorney resigns the attorney's appointment in accordance with this section. POWERS OF ATTORNEY ACT 2006 - SECT 54 No irrevocable powers of attorney A power of attorney may be revoked under this Act, whether or not the power states otherwise. POWERS OF ATTORNEY ACT 2006 - SECT 55 Advice of revocation of power of attorney If a principal revokes a power of attorney, the principal must take reasonable steps to tell all attorneys affected by the revocation. POWERS OF ATTORNEY ACT 2006 - SECT 56 Revocation of power of attorney according to its terms If a power of attorney ceases to have effect according to its terms, the power of attorney is revoked. Examples 1 If a general power of attorney is expressed to operate from 1 January 2006 to 25 January 2006, it is revoked at the end of that period. 2 If a general power of attorney is expressed to operate for the sale of a house, it is revoked once the sale is complete. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). POWERS OF ATTORNEY ACT 2006 - SECT 57 Principal's impaired decision-making capacity--general power of attorney If the principal for a general power of attorney becomes a person with impaired decision-making capacity, the power of attorney is revoked. Note A person must not be taken to have impaired decision-making capacity only because of certain attributes or behaviours (see s 91). POWERS OF ATTORNEY ACT 2006 - SECT 58 Enduring power of attorney sometimes revoked by marriage or civil partnership (1) This section applies to an enduring power of attorney if-- (a) a person is appointed as attorney under the power of attorney; and (b) after the appointment, the principal marries or enters into a civil partnership with a person other than the attorney. (2) The enduring power of attorney is revoked in relation to the attorney unless the power of attorney expressly states that it is not revoked in the circumstances. POWERS OF ATTORNEY ACT 2006 - SECT 59 Enduring power of attorney sometimes revoked by end of marriage or civil partnership (1) This section applies to an enduring power of attorney if-- (a) a person is appointed as attorney under the power of attorney; and (b) at that time or later, the person is married to, or in a civil partnership with, the attorney; and (c) the marriage or civil partnership ends. (2) The enduring power of attorney is revoked in relation to the attorney. POWERS OF ATTORNEY ACT 2006 - SECT 60 Death of principal for power of attorney If the principal for a power of attorney dies, the power of attorney is revoked. POWERS OF ATTORNEY ACT 2006 - SECT 61 Death of attorney under power of attorney If an attorney under a power of attorney dies, the power of attorney is revoked to the extent that it gives power to the attorney. POWERS OF ATTORNEY ACT 2006 - SECT 62 Effect of bankruptcy of individual attorney (1) This section applies if-- (a) an attorney under an enduring power of attorney is an individual; and (b) the attorney becomes bankrupt or executes a personal insolvency agreement. (2) The power of attorney is revoked to the extent that it gives power to the attorney in relation to property matters. Note For the extended meaning of bankrupt and "personal insolvency agreement", see the dictionary. POWERS OF ATTORNEY ACT 2006 - SECT 63 Attorney's impaired decision-making capacity for power of attorney If an attorney under a power of attorney becomes a person with impaired decision-making capacity, the power of attorney is revoked in relation to the attorney. Note A person must not be taken to have impaired decision-making capacity only because of certain attributes or behaviours (see s 91). POWERS OF ATTORNEY ACT 2006 - SECT 64 Effect of winding up etc of corporate attorney (1) This section applies if-- (a) an attorney under a power of attorney is a corporation; and (b) either-- (i) the attorney has been, or is being, wound up; or (ii) a liquidator is appointed for the attorney. Note Liquidator--see the dictionary. (2) The power of attorney is revoked to the extent that it gives power to the attorney. POWERS OF ATTORNEY ACT 2006 - SECT 65 Multiple attorneys with separate powers--effect of revocation of powers of some attorneys If a power of attorney authorises 2 or more people as attorneys to act separately (whether or not in relation to a matter), the revocation of the power of attorney in relation to 1 or more attorneys does not revoke the power of attorney in relation to the other attorneys. POWERS OF ATTORNEY ACT 2006 - SECT 66 Joint general power of attorney--effect of revocation of powers of some attorneys If a general power of attorney authorises 2 or more people to exercise power as attorneys together but not separately (whether or not in relation to a matter), the power of attorney is revoked if the power is revoked in relation to 1 or more of the attorneys. POWERS OF ATTORNEY ACT 2006 - SECT 67 Joint enduring power of attorney--effect of revocation of powers of attorneys (1) This section applies if-- (a) an attorney's power under an enduring power of attorney for a matter is revoked; and (b) the attorney was authorised to exercise power for the matter under the power of attorney together with 1 or more other attorneys, but not separately; and (c) the principal has impaired decision-making capacity. (2) If there is only 1 remaining attorney in relation to the matter, the remaining attorney may exercise power for the matter. (3) If there are 2 or more remaining attorneys in relation to the matter, the remaining attorneys may exercise power in relation to the matter and, if exercising power, must exercise power together. POWERS OF ATTORNEY ACT 2006 - SECT 68 Power of attorney revoked in relation to each attorney A power of attorney is revoked when-- (a) if there is only 1 attorney appointed--the power of attorney is revoked in relation to the attorney; or (b) if there are 2 or more attorneys appointed--the power of attorney is revoked in relation to each or the last of them. Note If an attorney resigns, the power of attorney is revoked in relation to the attorney (see s 53 (3)). POWERS OF ATTORNEY ACT 2006 - SECT 69 Revocation by later power of attorney A principal's power of attorney is revoked, to the extent of an inconsistency, by a later power of attorney of the principal. POWERS OF ATTORNEY ACT 2006 - SECT 70 Definitions--ch 6 In this chapter: "invalidity", of a power of attorney-- (a) means "invalidity "because-- (i) the power of attorney purports to have been made under the law of a State or Territory and does not comply with the requirements of that law; or (ii) the person making the power of attorney could not make the power of attorney at the time the person purported to make it; or (iii) the power of attorney has been revoked, either completely or in relation to the person purporting to exercise power under the power of attorney; and (b) includes "invalidity" of the power of attorney for any other reason. Example--par (a) (ii) A person purports to make a power of attorney but a guardian has been appointed for the person and the ACAT has not approved the provisions of the power (see s 14 (4)). Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). "invalidity", of a power under a power of attorney-- (a) means "invalidity" because the power is not exercisable at the time it is purportedly exercised; and (b) includes "invalidity" of the power for any other reason. "know", of the invalidity of a power of attorney or a power under a power of attorney, includes-- (a) know of the happening of an event that invalidates the power of attorney or power; or (b) have reason to believe the power of attorney or power is invalid. "power of attorney" includes a document purporting to be a power of attorney. POWERS OF ATTORNEY ACT 2006 - SECT 71 Protection if court or ACAT orders etc (1) This section applies if a court or the ACAT gives an order or direction in relation to the exercise of power under a power of attorney. (2) An attorney who acts in accordance with the order or direction is taken to have complied with this Act. (3) However, subsection (2) does not apply in relation to the order or direction if the attorney knowingly gave the court or ACAT false or misleading information relevant to the order or direction. POWERS OF ATTORNEY ACT 2006 - SECT 72 Protection for attorney if unaware of invalidity (1) This section applies if-- (a) a power of attorney is invalid; and (b) the attorney purports to exercise a power under the power of attorney without knowing the power of attorney is invalid. (2) This section also applies if-- (a) a power exercised under a power of attorney is invalid; and (b) the attorney purports to exercise the power without knowing the power is invalid. (3) The attorney does not incur any liability, either to the principal or anyone else, because of the invalidity. (4) Anything done by the attorney in the exercise of the power under the invalid power of attorney or of an invalid power is, for all purposes, taken to have been done as if the power of attorney or power were not invalid. POWERS OF ATTORNEY ACT 2006 - SECT 73 Protection for transaction if dealing with attorney and unaware of invalidity (1) This section applies to a person who-- (a) deals with a person (the attorney) who is acting, or purporting to act, as an attorney under a power of attorney; and (b) at the time of the dealing, did not know that the power of attorney, or power under the power of attorney, was invalid. (2) A transaction between the attorney and the person is, in favour of the person, as valid as if the power of attorney or power were not invalid. Note The Guardianship and Management of Property Act 1991, pt 3 deals with proceedings in relation to enduring powers of attorney by the ACAT. POWERS OF ATTORNEY ACT 2006 - SECT 74 Meaning of interested person--ch 7 In this chapter: "interested person"--each of the following is an interested person in relation to a power of attorney: (a) an attorney; (b) the principal; (c) a relative of the principal; (d) the public advocate; (e) the public trustee; (f) a guardian of the principal; (g) a manager of the principal. POWERS OF ATTORNEY ACT 2006 - SECT 80 Supreme Court--confirming powers understood by principal (1) A principal with decision-making capacity may apply to the Supreme Court for an order confirming that an attorney had power under a power of attorney to do an act. (2) The Supreme Court may make an order confirming (whether completely or in part) that the attorney had the power to do the act if satisfied that the principal understood the nature and effect of making the power of attorney when the principal made the power of attorney. Note In the absence of evidence to the contrary, the principal is taken to have understood the nature and effect of making a power of attorney when the principal made the power of attorney (see s 18). POWERS OF ATTORNEY ACT 2006 - SECT 81 Supreme Court--confirming powers subsequently affirmed by principal (1) This section applies if-- (a) a principal had impaired decision-making capacity when the principal made a power of attorney; and (b) an attorney acted, or purported to act, under the power of attorney. (2) The principal may apply to the Supreme Court for an order confirming that the attorney had power under the power of attorney to do the act. (3) The Supreme Court may make an order confirming (whether completely or in part) that the attorney had power to do the act if satisfied that-- (a) the principal affirmed the power of attorney before or during the proceeding on the application; and (b) the principal had decision-making capacity when affirming the power of attorney. POWERS OF ATTORNEY ACT 2006 - SECT 82 Effect of pt 7.3 orders on future acts (1) This section applies if the Supreme Court makes an order under this part confirming (whether completely or in part) the power of an attorney to do an act under a power of attorney. (2) Any act done by the attorney after the order takes effect that is within the scope of the power confirmed is taken to be as valid for all purposes and between all people as if, when the order took effect, the principal did not have impaired decision-making capacity and had confirmed the power of attorney to the extent of the order of confirmation. POWERS OF ATTORNEY ACT 2006 - SECT 83 Assistance by public trustee (1) This section applies in relation to an enduring power of attorney if the principal has impaired decision-making capacity. (2) The public trustee must, if asked by the ACAT, assist the ACAT by examining and reporting on the books, accounts or other records of transactions carried out by an attorney for the principal under the enduring power of attorney. (3) The public trustee may, if asked by the public advocate, assist the public advocate by examining and reporting on the books, accounts or other records of transactions carried out by an attorney for the principal under the enduring power of attorney. POWERS OF ATTORNEY ACT 2006 - SECT 84 Access to principal (1) This section applies in relation to an enduring power of attorney if the principal has impaired decision-making capacity. (2) The public advocate is entitled to reasonable access to the principal. (3) An interested person may apply to the ACAT for access to the principal. (4) The ACAT may, by order, grant the interested person access to the principal, whether with or without conditions, if satisfied that-- (a) an attorney has denied the person access to the principal; and (b) it is reasonable to allow the access. (5) In this section: "interested person", for an application mentioned in subsection (3), includes-- (a) a relative of the principal; and (b) a person who is a carer of the principal or has been a carer of the principal in the last 12 months; and (c) a lawyer, or doctor, acting on behalf of a member of the principal's family or relative of the principal. Note Interested person--see s 74. POWERS OF ATTORNEY ACT 2006 - SECT 85 Attorney's health care decision not in principal's interest (1) In this section: "relevant person", in relation to a person who is a principal for a power of attorney, means-- (a) a health professional who is treating, or has at any time treated, the principal; or (b) a person in charge of a health care facility where the principal is being, or has at any time been, treated. (2) This section applies if-- (a) an attorney makes a decision in relation to the health care of the principal; and (b) a relevant person believes, on reasonable grounds, that the decision is not in the best interests of the principal. (3) The relevant person may tell the public advocate about the decision and explain why the relevant person believes the decision is not in the best interests of the principal. Note Giving information to the public advocate honestly and without recklessness is protected (see Public Advocate Act 2005, s 15). POWERS OF ATTORNEY ACT 2006 - SECT 86 Adequate pain relief (1) This section applies if-- (a) an attorney has made a decision that medical treatment be withheld or withdrawn from the principal; and (b) the principal is under the care of a health professional. (2) The principal has a right to-- (a) receive relief from pain, suffering and discomfort to the maximum extent that is reasonable in the circumstances; and (b) the reasonable provision of food and water. (3) In providing relief from pain, suffering and discomfort to the principal, the health professional must give adequate consideration to the principal's account of the principal's level of pain, suffering and discomfort. POWERS OF ATTORNEY ACT 2006 - SECT 87 Medical certificate about impaired decision-making capacity (1) This section applies if, in a proceeding, a question arises about whether, on a particular day or during a particular period, the principal for an enduring power of attorney had impaired decision-making capacity, whether generally or in relation to a particular matter. (2) A certificate by a doctor stating that the principal had, or did not have, impaired decision-making capacity either generally or in relation to a particular matter on the day or during the period is evidence of that fact. POWERS OF ATTORNEY ACT 2006 - SECT 88 Recognition of general powers of attorney made under other laws (1) This section applies if-- (a) a document (the interstate general power of attorney) is expressed to be a power of attorney made under the law of a State or another Territory; and (b) the interstate general power of attorney is not expressed to operate when the principal has impaired decision-making capacity (however described). (2) The interstate general power of attorney is taken to be a general power of attorney made under, and in compliance with, this Act to the extent that the powers it gives could validly have been given by a general power of attorney made under this Act. POWERS OF ATTORNEY ACT 2006 - SECT 89 Recognition of enduring powers of attorney made under other laws (1) This section applies if-- (a) a document (the interstate enduring power of attorney) is expressed to be a power of attorney or guardianship document made under the law of a State or another Territory; and (b) the interstate enduring power of attorney is not-- (i) revoked if the principal loses decision-making capacity; or (ii) expressed to be irrevocable, whether completely or for a stated period. (2) An interstate enduring power of attorney to which this section applies is taken to be an enduring power of attorney made under, and in compliance with, this Act, to the extent that the powers it gives could validly have been given by an enduring power of attorney made under this Act. POWERS OF ATTORNEY ACT 2006 - SECT 90 Dishonestly inducing making etc of power of attorney A person must not dishonestly induce someone else to make or revoke a power of attorney. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. POWERS OF ATTORNEY ACT 2006 - SECT 91 Things that do not indicate impaired decision-making capacity (1) For this Act, a person is not taken to have impaired decision-making capacity only because the person-- (a) is eccentric; or (b) makes unwise decisions; or (c) does or does not express a particular political or religious opinion; or (d) has a particular sexual orientation or expresses a particular sexual preference; or (e) engages or has engaged in illegal or immoral conduct; or (f) takes or has taken drugs, including alcohol. (2) However, in deciding whether a person has impaired decision-making capacity, any effect of drug-taking on the person may be taken into account. POWERS OF ATTORNEY ACT 2006 - SECT 92 Application of Act to powers of attorney (1) This Act applies to a general power of attorney or enduring power of attorney whenever entered into (whether before or after the commencement of this Act). (2) However, if a general power of attorney or enduring power of attorney made before the commencement of this Act complied with the Powers of Attorney Act 1956 when made, the power of attorney is not taken to be invalid only because it does not comply with a provision of this Act about the making of powers of attorney. POWERS OF ATTORNEY ACT 2006 - SECT 93 Powers of attorney forms under Powers of Attorney Act 1956 (1) This section applies to a general power of attorney or enduring power of attorney made after the commencement of this Act and before 1 December 2007 using a form under the Powers of Attorney Act 1956, schedule 1. (2) This Act applies to the power of attorney. (3) However, if the power of attorney when made complied with the Powers of Attorney Act 1956, the power of attorney-- (a) is not taken to be invalid only because it does not comply with a provision of this Act about the making of powers of attorney; and (b) to remove any doubt, operates to the extent that it is not otherwise inconsistent with this Act. POWERS OF ATTORNEY ACT 2006 - SECT 94 Powers of attorney to consent to body part donations etc under Powers of Attorney Act 1956 (1) This section applies to an enduring power of attorney in force immediately before the commencement of this Act if the power of attorney included a power to consent to a donation under the Powers of Attorney Act 1956, section 13 (1) (b) (ii). (2) Despite section 35 (b) (Things that cannot be lawfully done by attorneys), the power of attorney continues to authorise the attorney to consent to the donation. POWERS OF ATTORNEY ACT 2006 - SECT 95 Powers of attorney made under Medical Treatment Act 1994 (1) This section applies to a power of attorney made under the Medical Treatment Act 1994 that was in force immediately before the commencement of this Act. (2) The power of attorney is taken to be an enduring power of attorney made under this Act for a health care matter. (3) However, if the power of attorney complied with the Medical Treatment Act 1994 when made, the power of attorney is not taken to be invalid only because it does not comply with a provision of this Act about the making of powers of attorney. POWERS OF ATTORNEY ACT 2006 - SECT 96 Approved forms (1) The Minister may approve forms for this Act. (2) If the Minister approves a form for a particular purpose, the approved form must be used for that purpose. Note The Legislation Act contains provisions about forms (see s 255). (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. POWERS OF ATTORNEY ACT 2006 - SECT 97 Regulation-making power The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act. POWERS OF ATTORNEY ACT 2006 - SCHEDULE 1 Schedule 1 General principles for enduring powers of attorney (see s 44) 1.1 Access to family members and relatives (1) An individual's wish and need to have access to family members and relatives, and for them to have access to the individual, must be recognised and taken into account. (2) An individual's wish to involve family members and relatives in decisions affecting the individual's life, property, health and finance must be recognised and taken into account. 1.2 Human worth and dignity An individual with impaired decision-making capacity has an inherent right to respect for the individual's human worth and dignity as an individual. 1.3 Role as a member of society (1) An individual has a right to be a valued member of society. (2) Because of this right, it is important to encourage and support the individual to perform social roles valued in society. 1.4 Participation in community life It is important to encourage and support an individual to live a life in the general community, and to take part in activities enjoyed by the community. 1.5 Quality of life An individual's need and wish to have a reasonable quality of life must be recognised and taken into account. 1.6 Participation in decision making (1) An individual has a right to take part in decisions affecting the individual's life to the greatest extent practicable. (2) Without limiting subsection (1), an individual also has a right to take part in decisions affecting the individual's property and finance to the greatest extent practicable. (3) The right of the individual to make the individual's own decisions must be preserved to the greatest extent practicable. Examples of preserving individual's right to make own decisions 1 The individual must be given any necessary support, and access to any necessary information, to allow the individual to take part in decisions affecting the individual's life to the greatest extent practicable. 2 To the greatest extent practicable, the individual's views and wishes must be sought and taken into account before exercising power in relation to the individual. 3 Power in relation to the individual must be exercised in the way that is least restrictive of the individual's rights. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (4) If an individual's wishes or needs cannot be expressed by the individual, the person exercising power in relation to the individual must try to work out, as far as possible, from the individual's past actions, what the individual's wishes and needs would be if the individual could express them and take those wishes and needs into account. (5) However, a person exercising a function in relation to an individual must do so in a way consistent with the individual's proper care and protection. (6) An individual's views and wishes may be expressed orally, in writing or in another way, including, for example, by conduct. 1.7 Individual taken to be able to make decisions An individual must not be treated as unable to take part in making a decision only because the individual makes unwise decisions. 1.8 Maintenance of existing supportive relationships The importance of maintaining an individual's existing supportive relationships must be taken into account. 1.9 Maintenance of environment and values (1) The importance of maintaining an individual's cultural and linguistic environment, and set of values (including any religious beliefs) must be taken into account. (2) For an individual who is a member of an Aboriginal community or a Torres Strait Islander, this means the importance of maintaining the individual's Aboriginal or Torres Strait Islander cultural and linguistic environment, and set of values (including Aboriginal tradition or Island custom) must be taken into account. (3) In this section: "Aboriginal tradition"-- (a) means the body of traditions, observances, customs and beliefs of Aboriginal people generally, or of a particular community or group of Aboriginal people; and (b) includes any traditions, observances, customs and beliefs mentioned in paragraph (a) that relate to particular people, areas, objects or relationships. "Island custom", known in the Torres Strait as Ailan Kastom-- (a) means the body of customs, traditions, observances and beliefs of Torres Strait Islanders generally, or of a particular community or group of Torres Strait Islanders; and (b) includes any traditions, observances, customs and beliefs mentioned in paragraph (a) that relate to particular people, areas, objects or relationships. 1.10 Confidentiality An individual's right to confidentiality of information about the individual must be respected. 1.11 Health care (1) An individual is entitled to have decisions about health care matters made by an attorney-- (a) in the way least restrictive of the individual's rights and freedom of action; and (b) only if the exercise of power-- (i) is, in the attorney's opinion, necessary and appropriate to maintain or promote the individual's health and wellbeing; or (ii) is, in all the circumstances, in the individual's best interests. (2) An individual's wishes in relation to health care matters, and any information provided by the individual's health care provider, must be taken into account when an attorney decides what is appropriate in the exercise of power for a health care matter. POWERS OF ATTORNEY ACT 2006 - NOTES Dictionary Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o authorised deposit-taking institution o child o civil partnership o corporation o domestic partner (see s 169 (1)) o exercise. "affinity" means affinity derived through marriage or any other domestic partnership. "attorney"--see section 6. "bankrupt"--without limiting when a person becomes bankrupt, a person is taken to become bankrupt if the person takes advantage of a law of a foreign country corresponding to the Bankruptcy Act 1966 (Cwlth). "close friend", of a person, means someone who has a close personal relationship with the person and a personal interest in the person's welfare. "day hospital "means a facility where a person is admitted for surgical or medical treatment and discharged on the same day. "disability care" means care that is provided to a person with a disability in a residential facility in which the person is also provided with accommodation that includes-- (a) appropriate staffing to meet the nursing and personal care needs of the person; and (b) meals and cleaning services; and (c) furnishings, furniture and equipment for the provision of the care and accommodation. "decision-making capacity"--see section 9 (1). "enduring power of attorney"--see section 8. "general power of attorney"--see section 7. "general principles"--see section 44 and schedule 1. "health care", for a person who is a principal for a power of attorney-- (a) includes withholding or withdrawal of a life-sustaining measure for the principal if starting or continuing the measure for the principal would be inconsistent with good medical practice; but (b) does not include-- (i) first-aid treatment; or (ii) a non-intrusive examination made for diagnostic purposes; or (iii) the administration of a pharmaceutical drug if-- (A) a prescription is not needed for the drug; and (B) the drug is normally self-administered; and (C) the administration is for a recommended purpose and at a recommended dosage level. Example for par (b) a visual examination of a principal's mouth, throat, nasal cavity, eyes or ears Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). "health care facility" means a hospital, residential aged care facility or residential disability care facility. Note Hospital, residential aged care facility and residential disability care facility are defined in this dictionary. "health care matter"--see section 12. "health care provider", for a person who is a principal for a power of attorney, means a health professional who provides health care to the principal. "health professional" means a person who provides health care in the practice of a profession or the ordinary course of business. "hospital "means a public hospital, private hospital or day hospital. "impaired decision-making capacity"--see section 9 (2). "interested person", for chapter 7 (Proceedings and rights)--see section 74. "invalidity", of a power of attorney or a power under a power of attorney, for chapter 6 (Protection and relief from liability)--see section 70. "know", of the invalidity of a power of attorney or a power under a power of attorney, for chapter 6 (Protection and relief from liability)--see section 70. "legal matter", for a person who is a principal for a power of attorney, means-- (a) the use of legal services for the principal's benefit; or (b) bringing or defending a proceeding, including settling a claim before or after a proceeding starts, on behalf of the principal. Examples of use of legal services 1 use of legal services to get information about the principal's legal rights 2 use of legal services to make a transaction 3 use of legal services to bring or defend a proceeding before a court, tribunal or other entity Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). "liquidator", of an attorney, includes-- (a) the official manager of the attorney; or (b) the receiver of the attorney's property; or (c) the receiver and manager of the attorney's property; or (d) the managing controller of the attorney's property. "personal care matter"--see section 11. "personal insolvency agreement"--without limiting when a person executes a personal insolvency agreement, a person is taken to execute a person insolvency agreement if the person executes an agreement under a law of a foreign country corresponding to the Bankruptcy Act 1966 (Cwlth). "power of attorney"-- (a) means a general power of attorney or an enduring power of attorney; and (b) for chapter 6 (Protection and relief from liability)--see section 70. "principal", in relation to an attorney--see section 6. "property" includes money and financial assets. "property matter"--see section 10. "relative", of a person (the related person), means-- (a) a person related by blood, affinity or adoption to the related person; or (b) a domestic partner. Note For the meaning of domestic partner, see the Legislation Act, s 169. "residential aged care facility" means a residential facility that provides residential care to residents at the facility. "residential care"--see the Aged Care Act 1997 (Cwlth), section 41-3 (Meaning of residential care). "residential disability care facility"-- (a) means a residential facility that provides disability care to people with disabilities; but (b) does not include a residential aged care facility. "special health care matter", for a principal--see section 37. "special personal matter", for a principal--see section 36. "will" includes a codicil. POWERS OF ATTORNEY ACT 2006 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history Powers of Attorney Act 2006 A2006-50 notified LR 30 November 2006s 1, s 2 commenced 30 November 2006 (LA s 75 (1))remainder commenced 30 May 2007 (s 2 and LA s 79) as amended by Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.77 notified LR 22 March 2007s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))sch 3 pt 3.77 commenced 30 May 2007 (s 2 (2) and see A2006-50 s 2) as modified by Powers of Attorney Regulation 2007 SL2007-8 (as am by SL2007-12 s 5) notified LR 3 May 2007s 1, s 2 commenced 3 May 2007 (LA s 75 (1))remainder commenced 30 May 2007 (s 2) Powers of Attorney Regulation 2007 (No 2) SL2007-11 (as am by SL2007-12 s 4, A2007-22 pt 1.13) notified LR 24 May 2007s 1, s 2 commenced 24 May 2007 (LA s 75 (1))remainder commenced 30 May 2007 (s 2) Powers of Attorney Amendment Regulation 2007 (No 1) SL2007-12 notified LR 29 May 2007s 1, s 2 commenced 29 May 2007 (LA s 75 (1))remainder commenced 30 May 2007 (s 2) Note This regulation only amends the Powers of Attorney Regulation 2007 SL2007-8 and the Powers of Attorney Regulation 2007 (No 2) SL2007-11. as amended by Justice and Community Safety Legislation Amendment Act 2007 A2007-22 sch 1 pt 1.12, pt 1.13 notified LR 5 September 2007 s 1, s 2 commenced 5 September 2007 (LA s 75 (1)) sch 1 pt 1.12, pt 1.13 commenced 6 September 2007 (s 2) Note Sch 1 pt 1.13 only amends the Powers of Attorney Regulation 2007 (No 2) SL2007-11. Justice and Community Safety Legislation Amendment Act 2008 A2008-7 sch 1 pt 1.17 notified LR 16 April 2008 s 1, s 2 commenced 16 April 2008 (LA s 75 (1)) sch 1 pt 1.17 commenced 7 May 2008 (s 2) Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.21 notified LR 15 May 2008 s 1, s 2 commenced 15 May 2008 (LA s 75 (1)) sch 1 pt 1.21 commenced 19 May 2008 (s 2 and CN2008-8) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.40 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.40 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) 4 Amendment history Commencements 2 om LA s 89 (4) Meaning of health care matters 12 am A2007-22 amdt 1.35 Appointment of attorneyss 13 hdg sub A2007-22 amdt 1.36s 13 am A2007-22 amdt 1.37, amdt 1.38 Limit on s 13 power to appoint attorneys--enduring powers of attorneys 14 am A2008-36 amdt 1.558 Appointment of attorneys by name or positions 15 sub A2007-22 amdt 1.39 Who can be a witness?s 21 am A2007-22 amdt 1.40 Certificates by witnesses to powers of attorneys 22 am A2007-22 amdt 1.41 Authorisation of 2 or more attorneyspt 3.3 hdg sub A2007-22 amdt 1.42 Authorisation of 2 or more attorneys under power of attorneys 25 hdg sub A2007-22 amdt 1.43 If multiple attorneys cannot exercise power unanimouslys 27 am A2008-36 amdt 1.559 How does enduring power of attorney operate while principal has capacity?s 31 am A2007-22 amdt 1.44 Special personal matterss 36 am A2007-22 amdt 1.45 Special health care matterss 37 am A2007-3 amdt 3.408 Obligation of attorneys to keep interested people informeds 43 am A2007-22 amdt 1.46; A2008-36 amdt 1.560 Ending powers of attorneych 5 hdg note sub A2008-36 amdt 1.561 Resignation of attorney's appointment under power of attorneys 53 am A2007-22 amdt 1.46; A2008-36 amdt 1.562 Enduring power of attorney sometimes revoked by marriage or civil partnerships 58 hdg sub A2008-14 amdt 1.73s 58 am A2008-14 amdt 1.74 Enduring power of attorney sometimes revoked by end of marriage or civil partnerships 59 hdg sub A2008-14 amdt 1.75s 59 am A2008-14 amdt 1.76 Definitions--ch 6s 70 def invalidity sub A2008-36 amdt 1.563 Protection if court or ACAT orders etcs 71 sub A2008-36 amdt 1.564 Proceedings and rightsch 7 hdg sub A2008-36 amdt 1.565 Guardianship tribunalpt 7.2 hdg om A2008-36 amdt 1.566 Guardianship tribunal directions etc for enduring powers of attorneys 75 om A2008-36 amdt 1.566 Reference of power of attorney matters to Supreme Courts 76 om A2008-36 amdt 1.566 Giving accounts to public advocate--enduring powers of attorneys 77 om A2008-36 amdt 1.566 Declaration about decision-making capacitys 78 om A2008-36 amdt 1.566 Removing attorneyss 79 om A2008-36 amdt 1.566 Assistance by public trustees 83 hdg sub A2007-22 amdt 1.47s 83 am A2007-22 amdt 1.48; A2008-36 amdt 1.567 Assistance by public trustees 84 am A2008-36 amdt 1.568 Application of Act to powers of attorneys 92 sub A2008-7 amdt 1.67 Powers of attorney forms under Powers of Attorney Act 1956s 93 sub A2008-7 amdt 1.67 Powers of attorney to consent to body part donations etc under Powers of Attorney Act 1956s 94 ins A2008-7 amdt 1.67 Powers of attorney made under Medical Treatment Act 1994s 95 ins A2008-7 amdt 1.67 Approved formss 96 ins A2008-7 amdt 1.67 Regulation-making powers 97 ins A2008-7 amdt 1.67 Transitional provisionsch 20 hdg exp 30 May 2009 (s 157) Definitions--ch 20s 150 exp 30 May 2009 (s 157) Repeal of Powers of Attorney Act 1956s 151 om LA s 89 (3) Transitional--application of Acts 152 om A2008-7 amdt 1.68 Transitional--powers of attorney forms under previous Act, sch 1s 152A ins as mod SL2007-11 s 3 mod lapsed on rep of SL2007-11 (7 May 2008) Transitional--powers of attorney to consent to body part donations etc under previous Acts 152B ins as mod SL2007-11 s 4 (as ins by SL2007-12 s 4) mod lapsed on rep of SL2007-11 (7 May 2008) Meaning of health care matters 152C ins as mod SL2007-11 s 4 (as ins by SL2007-12 s 4) mod om SL2007-11 s 4 (as am by A2007-22 amdt 1.50) Transitional--powers of attorney under previous Act, s 6 and s 7s 153 exp 30 May 2009 (s 157 (LA s 88 declaration applies)) Transitional--powers of attorney made under Medical Treatment Act 1994s 154 om A2008-7 amdt 1.69 Legislation amended--sch 2s 155 om LA s 89 (3) Transitional regulationss 156 exp 30 May 2009 (s 157) Meaning of health care matters 156A ins as mod SL2007-8 amdt 1.1 mod om SL2007-8 amdt 1.1 (as am by SL2007-12 s 5) Authorisation of attorneyss 156B ins as mod SL2007-8 amdt 1.1 mod lapsed on rep of SL2007-8 (6 September 2007) Authorisation of attorneyss 156C ins as mod SL2007-8 amdt 1.1 mod lapsed on rep of SL2007-8 (6 September 2007) Authorisation of attorneys by name or positions 156D ins as mod SL2007-8 amdt 1.1 mod lapsed on rep of SL2007-8 (6 September 2007) Who can be a witness?s 156E ins as mod SL2007-8 amdt 1.1 mod lapsed on rep of SL2007-8 (6 September 2007) Certificates by witnesses to powers of attorneys 156F ins as mod SL2007-8 amdt 1.1 mod lapsed on rep of SL2007-8 (6 September 2007) Appointment of 2 or more attorneyss 156G ins as mod SL2007-8 amdt 1.1 mod lapsed on rep of SL2007-8 (6 September 2007) Appointment of 2 or more attorneys under power of attorneys 156H ins as mod SL2007-8 amdt 1.1 mod lapsed on rep of SL2007-8 (6 September 2007) How does enduring power of attorney operate while principal has capacity?s 156I ins as mod SL2007-8 amdt 1.1 mod lapsed on rep of SL2007-8 (6 September 2007) Obligation of attorneys to keep interested people informeds 156J ins as mod SL2007-8 amdt 1.1 mod lapsed on rep of SL2007-8 (6 September 2007) Resignation of attorney's authorisation under power of attorneys 156K ins as mod SL2007-8 amdt 1.1 mod lapsed on rep of SL2007-8 (6 September 2007) Public trustee to assist if askeds 156L ins as mod SL2007-8 amdt 1.1 mod lapsed on rep of SL2007-8 (6 September 2007) Public trustee to assist if askeds 156M ins as mod SL2007-8 amdt 1.1 mod lapsed on rep of SL2007-8 (6 September 2007) Expiry--ch 20s 157 exp 30 May 2009 (s 157) Consequential amendmentssch 2 om LA s 89 (3) Dictionarydict am A2008-14 amdt 1.77; A2008-36 amdt 1.569 def interested person sub A2008-36 amdt 1.570 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R130 May 2007 30 May 2007-5 Sept 2007 SL2007-12 new Act, amendments by A2007-3 and modifications by SL2007-8 and SL2007-11 as amended by SL2007-12 R26 Sept 2007 6 Sept 2007-6 May 2008 A2007-22 amendments by A2007-22 R37 May 2008 7 May 2008-18 May 2008 A2008-7 amendments by A2008-7 R419 May 2008 19 May 2008-1 Feb 2009 A2008-14 amendments by A2008-14 R52 Feb 2009 2 Feb 2009-30 May 2009 A2008-36 amendments by A2008-36 (c) Australian Capital Territory 2009 POWERS OF ATTORNEY ACT 2006 - NOTES Australian Capital Territory A2006-50 Republication No 6 Effective: 31 May 2009 Republication date: 31 May 2009 Last amendment made by A2008-36(republication for commenced expiry)Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Powers of Attorney Act 2006 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 31 May 2009 . It also includes any amendment, repeal or expiry affecting the republished law to 31 May 2009 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Powers of Attorney Act 2006 Endnotes Australian Capital Territory Powers of Attorney Act 2006