POWERS OF ATTORNEY ACT 1956 - NOTES

This legislation has been repealed.

POWERS OF ATTORNEY ACT 1956 - NOTES

Dictionary

(see s 2)

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:

              •     Act

              •     ACT

              •     appoint

              •     doctor

              •     instrument

              •     Minister

              •     property

              •     public trustee

              •     solicitor

              •     year.

"attorney" includes subattorney.

"bankruptcy" includes an act or proceeding in law having, under a law in force in the Territory, effects or results similar to the effect or result of bankruptcy and, in relation to a body corporate, includes the winding up of the body under a law in force in the Territory.

"court" means the Magistrates Court or the Supreme Court.

"donee", of a power of attorney, means—

        (a)     the person who is appointed attorney by the power of attorney; or

        (b)     if 2 or more people are appointed attorney by the power of attorney—each of them.

"donor", of a power of attorney, means the person who appoints an attorney by the power of attorney.

"enduring power of attorney" means an instrument created in accordance with section 12 (1).

Note     A reference to an enduring power of attorney may include a power of attorney made in a State or another Territory (see s 18A).

"general power of attorney" includes an instrument created in accordance with section 3AA.

"power of attorney" means a general power of attorney or an enduring power of attorney, and includes an authorised substitution of attorney and an authorised delegation to, or appointment of, subattorney.

"relative", in relation to a person, means—

        (a)     a person related by blood, adoption or marriage to the firstmentioned person; or

        (b)     a domestic partner.

Note     For the meaning of domestic partner, see Legislation Act, s 169.

"tribunal" means the Guardianship and Management of Property Tribunal.

"trustee company", means a trustee company under the Trustee Companies Act 1947.

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

3     Legislation history

The Powers of Attorney Act 1956 (repealed) was originally the Powers of Attorney Ordinance 1956. It became an ACT Act on self-government (11 May 1989).

Powers of Attorney Act 1956 No 17

notified 24 December 1956

commenced 24 December 1956

as amended by

    Legislation before becoming Territory enactment

Powers of Attorney Act 1957 No 15

notified 21 November 1957

commenced 21 November 1957

    Legislation after becoming Territory enactment

Powers of Attorney (Amendment) Act 1989 No 15

notified 30 October 1989 (Gaz 1989 No S31)

commenced 30 October 1989

Guardianship and Management of Property (Consequential Provisions) Act 1991 No 63 pt 3

notified 31 October 1991 (Gaz 1991 No S119)

s 1, s 2 commenced 31 October 1991 (s 2 (1))

pt 3 commenced 7 January 1992 (s 2 (2) and Gaz No S147)

Powers of Attorney (Amendment) Act 1992 No 5

notified 28 May 1992 (Gaz 1992 No S59)

commenced 28 May 1992

Registrar-General (Consequential Provisions) Act 1993 No 64 sch 1

notified 6 September 1993 (Gaz 1993 No S172)

s 1, s 2 commenced 6 September 1993 (s 2 (1))

sch 1 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207)

Mental Health (Consequential Provisions) Act 1994 No 45 sch

notified 7 September 1994 (Gaz 1995 No S177)

s 1, s 2 commenced 7 September 1994 (s 2 (1))

sch commenced 6 February 1995 (s 2 (2) and Gaz 1995 No S33)

Medical Treatment Act 1994 No 72 pt 4

notified 1 November 1994 (Gaz 1994 No S229)

commenced 1 November 1994 (s 2)

Land Titles (Consequential Amendments) Act 1995 No 54 sch pt 1

notified 20 December 1995 (Gaz 1995 No S313)

commenced 20 June 1996 (s 2)

Statute Law Revision (Penalties) Act 1998 No 54 sch

notified 27 November 1998 (Gaz 1998 No S207)

s 1, s 2 commenced 27 November 1998

sch commenced 9 December 1998 (s 2 and Gaz 1998 No 49)

Statute Law Amendment Act 2000 No 80 sch 3

notified 21 December 2000 (Gaz 2000 No S69)

commenced 21 December 2000 (s 2)

Justice and Community Safety Legislation Amendment Act 2001 No 70 sch 1

notified LR 14 September 2001

amdt commenced 14 September 2001 (s 2 (5))

Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.29

notified LR 27 March 2003

s 1, s 2 commenced 27 March 2003 (LA s 75 (1))

sch 1 pt 1.29 commenced 28 March 2003 (s 2)

Justice and Community Safety Legislation Amendment Act 2005 (No 3) A2005-43 sch 1 pt 1.9

notified LR 30 August 2005

s 1, s 2 commenced 30 August 2005 (LA s 75 (1))

sch 1 pt 1.9 commenced 1 October 2005 (s 2 (3) and CN2005-18)

Mental Health (Treatment and Care) Amendment Act 2005 A2005-48 sch 1 pt 1.5

notified LR 6 September 2005

s 1, s 2 commenced 6 September 2005 (LA s 75 (1))

sch 1 pt 1.5 commenced 7 September 2005 (s 2)

Civil Unions Act 2006 A2006-22 sch 1 pt 1.25

notified LR 19 May 2006

s 1, s 2 commenced 19 May 2006 (LA s 75 (1))

sch 1 pt 1.25 never commenced

Note     Act repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93)

as repealed by

Powers of Attorney Act 2006 A2006-50 s 151

notified LR 30 November 2006

s 1, s 2 commenced 30 November 2006 (LA s 75 (1))

s 151 commenced 30 May 2007 (s 2 and LA s 79)

4     Amendment history

Name of Act

s 1     sub A2005-43 amdt 1.20

Dictionary

s 2     am 1992 No 5 s 3

    defs reloc to dict A2005-43 amdt 1.22

    sub A2005-43 amdt 1.23

    def donee om A2005-43 amdt 1.21

    def donor om A2005-43 amdt 1.21

    def enduring power of attorney ins 1989 No 15 s 3

    om A2005-43 amdt 1.21

    def the Registrar om 1957 No 15 s 2

    def trustee company ins 1989 No 15 s 3

    om A2005-43 amdt 1.21

Notes

s 2A     ins A2005-43 amdt 1.23

References to property in power of attorney

s 2B     (prev s 2C) ins A2005-43 amdt 1.23

    renum R6 LA

References to property in power of attorney

s 2C     renum as s 2B

Application of Act

s 3     am 1995 No 54; A2005-43 amdt 1.24

General powers of attorney

s 3AA     ins 1992 No 5

Several donees

s 3AB     ins 1992 No 5

Scope of authority of attorney

s 3AC     ins 1992 No 5

Operation as deed

s 3AD     ins 1992 No 5

Capacity to execute power of attorney

s 3A     ins 1989 No 15

Power of attorney to continue in force until death or revocation

s 5     am 1994 No 45; 1998 No 54

Irrevocable power of attorney for value

s 6     am 1994 No 45

Power of attorney irrevocable for fixed period

s 7     am 1994 No 45

Registration of powers of attorney

s 9     om 1957 No 15

Certain powers of attorney deemed to be registered

s 10     om 1957 No 15

Effect of registration of powers of attorney

s 11     am 1957 No 15

    sub A2005-43 amdt 1.25

Enduring powers of attorney

s 12     om 1957 No 15

    ins 1989 No 15

    am 1992 No 5; ss renum R6 LA

Guardianship and consent to medical treatment under enduring power of attorney

s 13     ins 1989 No 15

    am 1992 No 5; 1994 No 72; 2001 No 70 amdt 1.68; A2005-48 amdts 1.14-1.17

Medical certificate as to incapacity

s 13A     ins 1992 No 5

Exercise of powers under enduring powers of attorney

s 14     ins 1989 No 15

Relief for breach of duty—enduring powers of attorney

s 15     ins 1989 No 15

    am 1992 No 5

Production of accounts—enduring powers of attorney

s 16     ins 1989 No 15

Other powers of court—enduring powers of attorney

s 17     ins 1989 No 15

    am 1992 No 5

Relationship between enduring powers of attorney and guardianship and management orders

s 18     ins 1991 No 63

Recognition of enduring power of attorney made in a State or another Territory

s 18A     ins A2005-43 amdt 1.26

Instruments not invalid on account of form

s 19     ins 2000 No 80 amdt 3.18

Status of certain instruments in effect before 28 May 1992

s 20     ins 2000 No 80 amdt 3.18

Schedule 1

sch 1     ins 1989 No 15

    sub 1992 No 5

    am 1993 No 64; 1994 No 72

Dictionary

dict     ins A2005-43 amdt 1.27

    am A2006-22 amdt 1.105 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

    def affinity ins A2006-22 amdt 1.106 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

    def attorney reloc from s 2 A2005-43 amdt 1.22

    def bankruptcy reloc from s 2 A2005-43 amdt 1.22

    def court ins 1989 No 15 s 3

    reloc from s 2 A2005-43 amdt 1.22

    def donee ins A2005-43 amdt 1.27

    def donor ins A2005-43 amdt 1.27

    def enduring power of attorney ins A2005-43 amdt 1.27

    def general power of attorney ins 1992 No 5 s 3

    reloc from s 2 A2005-43 amdt 1.22

    def power of attorney am 1992 No 5 s 3

    reloc from s 2 A2005-43 amdt 1.22

    def relative ins 1989 No 15 s 3

    am A2003-14 amdt 1.89; A2006-22 amdt 1.107 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

    reloc from s 2 A2005-43 amdt 1.22

    def tribunal ins 1991 No 63 s 7

    reloc from s 2 A2005-43 amdt 1.22

    def trustee company ins A2005-43 amdt 1.27

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.

© Australian Capital Territory 2007

Australian Capital Territory

A1956-17

Republication No 8

Effective: 30 May 2007

Republication date: 30 May 2007

As repealed by A2006-50 s 151











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 1956 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 30 May 2007.

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):

              • authorised republications to which the Legislation Act 2001 applies

              • 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 1956 (repealed)

Form 1 General power of attorney 17

Form 2 Enduring power of attorney 19

Endnotes

Australian Capital Territory

Powers of Attorney Act 1956 (repealed)