POWERS OF ATTORNEY BILL 2003 Explanatory Notes
POWERS OF ATTORNEY BILL 2003
Explanatory Notes
Powers of Attorney Bill 2003
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are:
(a) to re-enact the provisions of Part 16 of the Conveyancing Act 1919 relating
to powers of attorney with modifications that provide for the following:(i) the replacement of the statutory short form of power of attorney
with one that can be amended by the regulations (a prescribed
power of attorney),
(ii) the clarification of the extent to which an attorney under a
prescribed power of attorney may take a benefit, confer a benefit on
a third party or give a gift under the power of attorney,
(iii) the renaming of protected powers of attorney, which have effect
despite the subsequent mental incapacity of the person giving the
power (the principal), as enduring powers of attorney,
(iv) the enactment of a requirement that an enduring power of attorney
does not operate to confer any authority on a proposed attorney
under that power until the attorney accepts appointment by signing
the instrument creating the power,
(v) the enactment of provisions to protect an interest of a beneficiary
under the will of a principal under an enduring power of attorney
where a proposed gift of property to the beneficiary under the will
has been disposed of by the attorney before the principal’s death,
(vi) the enactment of provisions to protect the interest of a spouse of an
intestate deceased principal in a shared home that was sold or
otherwise disposed of by an attorney under an enduring power of
attorney,
(vii) the expansion of the jurisdiction of the Guardianship Tribunal and
Supreme Court to deal with enduring powers of attorney and issues
of incapacity relating to powers of attorney,
(viii) the enactment of provisions that will recognise and give effect in
this State to enduring powers of attorney made in other States and
Territories,
(ix) the restatement of the common law rule that an attorney under a
power of attorney cannot delegate the attorney’s authority to a third
party unless the instrument creating the power expressly provides
for it,
(x) to extend the concept of incommunicate principals to persons who
are unable to receive communications respecting their property or
affairs because they cannot be located or contacted so that the
Supreme Court can review powers of attorney made by such
persons,
(xi) the enactment of provisions that make it clear that if more than one
attorney is appointed under a power of attorney, a vacancy in the
office of one of the attorneys will not terminate the power of
attorney if the attorney was appointed severally or jointly and
severally, but will terminate the power if the attorney was appointed
jointly but not severally, and
(b) to enact provisions of a savings and transitional nature, and
(c) to make consequential amendments to the Conveyancing Act 1919 and
certain other legislation.
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation.Clause 3 defines certain terms and expressions used in the proposed Act.
Clause 4 provides that a person is incommunicate for the purposes of the
proposed Act if:
(a) the person suffers from a physical or mental incapacity (whether of a
temporary or permanent nature) that makes the person unable:(i) to understand communications respecting the person’s property or
affairs, or
(ii) to express the person’s intentions respecting the person’s property
or affairs, or
(b) the person is unable to receive communications respecting the person’s
property or affairs because the person cannot be located or contacted.Proposed section 4 (1) (a) substantially re-enacts the definition of
incommunicate in section 163D of the Conveyancing Act 1919. However, the
proposed section extends the concept to persons who are unable to receive
communications respecting their property or affairs because they cannot be
located or contacted. In Cox v Goldcrest Developments (NSW) Pty Ltd (2000) 50
NSWLR 76 at 79, it was held that such persons were not incommunicate for the
purposes of section 163D of the Conveyancing Act 1919.Clause 5 provides that there is a vacancy in the office of an attorney for the
purposes of the proposed Act if:
(a) the appointment of the attorney is revoked, or
(b) the attorney renounces the power, or
(c) the attorney dies, or
(d) the attorney becomes bankrupt, or
(e) where the attorney is a corporation, the corporation is dissolved, or
(f) the attorney, by reason of any physical or mental incapacity, ceases to
have the capacity to continue to act as an attorney, or
(g) in such other circumstances as may be prescribed by the regulations.Clause 6 provides that, as a general rule, the proposed Act will apply only to
powers of attorney created (or purportedly created) by an instrument executed
on or after the commencement of the proposed section (the commencement
date). The provisions of Part 16 of, and Schedule 7 to, the Conveyancing
Act 1919 will continue to apply to powers of attorney created (or purportedly
created) before the commencement date despite the repeal of those provisions by
Schedule 4.1 to the proposed Act.There are three exceptions to this general rule.
Firstly, proposed section 25 (Recognition of enduring powers of attorney made
in other States and Territories) will extend to any power of attorney created (or
purportedly created) by an instrument executed before the commencement date.Secondly, Part 5 (Review of powers of attorney) of the proposed Act will extend
to certain powers of attorney created (or purportedly created) by an instrument
executed before the commencement date.Thirdly,Division 3 of Part 6 (Registration of powers of attorney) of the proposed
Act will extend to certain powers of attorney created by an instrument executed
before the commencement date.Clause 7 provides that the proposed Act does not affect the operation of any
principle or rule of the common law or equity in relation to powers of attorney
except to the extent that the proposed Act provides otherwise, whether expressly
or by necessary intention. It also provides that the proposed Act does not affect
the operation of Part 3 of the Conveyancing Act 1919 (which deals with the
execution and effect of deeds) except to the extent that the proposed Act
provides otherwise, whether expressly or by necessary intention.Part 2 Prescribed powers of attorney
Clause 8 provides that an instrument that is in or to the effect of the form set out
in Schedule 2 is a prescribed power of attorney for the purposes of the proposed
Act.The proposed section substantially re-enacts the provisions of section 163B (1)
of the Conveyancing Act 1919 relating to the form of a prescribed power of
attorney.Clause 9 specifies the kinds of powers that a prescribed power of attorney
confers on an attorney. In particular, a prescribed power of attorney authorises
an attorney to do on behalf of a principal anything that a principal may lawfully
authorise an attorney to do. However, the proposed section also makes it clear
that a prescribed power of attorney has effect subject to compliance with any
conditions or limitations specified in the instrument creating the power.The proposed section substantially re-enacts the provisions of section 163B (1)
and (3) of the Conveyancing Act 1919 relating to the power conferred on an
attorney by a prescribed power of attorney.Clause 10 makes it clear that a prescribed power of attorney does not confer
authority to exercise any function as a trustee that is conferred on a principal.The proposed section substantially re-enacts the provisions of
section 163B (2) (a) of the Conveyancing Act 1919.Clause 11 provides that a prescribed power of attorney does not authorise an
attorney to give a gift of all or any property of the principal to any other person
unless the instrument creating the power expressly authorises the giving of the
gift.However, the proposed section also provides that if a prescribed power of
attorney includes a certain expression set out in Schedule 3, this will authorise
an attorney to give the kinds of gifts that are specified by that Schedule for that
expression.Clause 12 provides that a prescribed power of attorney does not authorise an
attorney to execute an assurance or other document, or to do any other act, as a
result of which a benefit would be conferred on the attorney unless the
instrument creating the power expressly authorises the conferral of the benefit.This restates the rule currently contained in section 163B (2) (b) of the
Conveyancing Act 1919.However, the proposed section also provides that if a prescribed power of
attorney includes a certain expression set out in Schedule 3, this will authorise
an attorney to confer on the attorney the kinds of benefits that are specified by
that Schedule for that expression.Clause 13 provides that a prescribed power of attorney does not authorise an
attorney to execute an assurance or other document, or to do any other act, as a
result of which a benefit would be conferred on a third party unless the
instrument creating the power expressly authorises the conferral of the benefit.However, the proposed section also provides that if a prescribed power of
attorney includes a particular expression set out in Schedule 3, this will authorise
an attorney to confer on a third party the kinds of benefits that are specified by
that Schedule for that expression.Clause 14 enables the Governor to make regulations that replace or amend
Schedule 2 or 3 (or both). Schedule 2 sets out the form of a prescribed power of
attorney. Schedule 3 specifies expressions that may be included in a prescribed
power of attorney for the purposes of proposed sections 11, 12 and 13 that, if
included in a prescribed power of attorney, will authorise the attorney to give
gifts or confer certain benefits of the kind specified in that Schedule.Part 3 Irrevocable powers of attorney
Clause 15 provides that an instrument is an irrevocable power of attorney for
the purposes of the proposed Act if the instrument is expressed to be irrevocable
and is given for valuable consideration (or is expressed to be given for valuable
consideration).The proposed section substantially re-enacts the provisions of section 160 (1) of
the Conveyancing Act 1919 relating to the creation of irrevocable powers of
attorney.Clause 16 provides for the effect of an irrevocable power of attorney. In
essence, an irrevocable power of attorney will remain effective even if the
principal dies, becomes mentally incapacitated or becomes bankrupt. It will also
remain effective if an act is done by the attorney without the concurrence of the
principal.The proposed section substantially re-enacts the provisions of section 160 (1) of
the Conveyancing Act 1919 relating to the effect of an irrevocable power of
attorney.Part 4 Incapacity and enduring powers of attorney
Division 1 Initial and supervening mental incapacity
Clause 17 provides that a power of attorney is not ineffective only because any
act within the scope of the power is of such a nature that it was beyond the
understanding of the principal through mental incapacity at the time the power
is given. However, an attorney is not authorised to do any such act unless it is
authorised by or under the proposed Act.The proposed section substantially re-enacts the provisions of section 163E (1)
and (2) of the Conveyancing Act 1919.Clause 18 provides that a power of attorney is effective to the extent that it
concerns any act within its scope that is of such a nature that is not beyond the
understanding of the principal through mental incapacity at the time of the act.The proposed section substantially re-enacts the provisions of section 163F (1)
of the Conveyancing Act 1919.Division 2 Enduring powers of attorney
Clause 19 provides that an instrument creating a power of attorney is an
enduring power of attorney for the purposes of the proposed Act if:
(a) the instrument is expressed to be given with the intention that it will
continue to be effective even if the principal lacks capacity through loss of
mental capacity after the execution of the instrument, and
(b) the execution of the instrument by the principal is witnessed by a witness
(not being an attorney under the power) of the kind set out in the proposed
section, and
(c) there is endorsed on, or annexed to, the instrument a certificate by the
witness stating that the witness explained the effect of the instrument to
the principal and the principal appeared to understand the effect of the
power of attorney before it was signed.An enduring power of attorney is the same kind of instrument as the protected
power of attorney currently recognised by section 163F (2) of the Conveyancing
Act 1919.Clause 20 provides that an enduring power of attorney does not operate to
confer any authority on an attorney until the attorney has accepted the
appointment by signing the instrument creating the power. There is currently no
similar requirement in relation to protected powers of attorney under the
Conveyancing Act 1919.Clause 21 provides that an act done by an attorney that is within the scope of
the power conferred by an enduring power of attorney and that is of such a nature
that it is beyond the understanding of the principal through mental incapacity at
the time of the act is as effective as it would have been had the principal
understood the nature of the act at that time.The proposed section substantially re-enacts the provisions of section 163F (2),
(3) and (4) of the Conveyancing Act 1919 relating to the effectiveness of
protected powers of attorney under that Act.Clause 22 provides that a person who is referred to in the will of a deceased
principal under an enduring power of attorney as the beneficiary (a named
beneficiary) of property of the principal that has been disposed of by the attorney
under that power retains the same interest in any surplusmoney or other property
arising fromthe disposition as the beneficiary would have had if the property had
not been disposed of. The purpose of the provision is to protect against the
ademption of testamentary gifts by the attorney. Currently, there is no similar
protection in respect of protected powers of attorney under the Conveyancing
Act 1919.The provision is similar in its terms to section 48 (Interest in property of certain
persons not to be altered) of the Protected Estates Act 1983.Clause 23 enables a beneficiary of the kind referred to in proposed section 22
to apply to the Supreme Court for orders either confirming the operation of
proposed section 22 or varying the operation of the proposed section so as to
avoid any one or more beneficiaries under the will gaining an unjust and
disproportionate advantage or disadvantage of the kind not intended by the
principal.Clause 24 enables the spouse of a deceased principal under an enduring power
of attorney who dies intestate to have a greater proportion of the principal’s
estate where their shared home (to which the spouse would have been entitled
under sections 61B and 61D of the Wills, Probate and Administration Act 1898)
has been disposed of by the attorney under the power of attorney and the spouse
has no claim in respect of any replacement shared home at the time of the
principal’s death. Currently, there is no similar protection in respect of protected
powers of attorney under the Conveyancing Act 1919.Clause 25 provides for the recognition in New SouthWales of enduring powers
of attorney made in other States or Territories. There is currently no comparable
provision in the Conveyancing Act 1919.Part 5 Review of powers of attorney
Division 1 General
Clause 26 provides that, for the purposes of reviewing powers of attorney under
the Part, both the Guardianship Tribunal and Supreme Court are review
tribunals.Clause 27 confers concurrent jurisdiction on both the Guardianship Tribunal
and Supreme Court in respect of provisions of the Part that confer functions on
a review tribunal. However, if a function is conferred on the Guardianship
Tribunal or Supreme Court expressly, the jurisdiction to exercise that function
can only be exercised by the expressly named body.Division 2 Termination of irrevocable powers of attorney
Clause 28 provides that the Supreme Courtmay order that an irrevocable power
of attorney is terminated if it considers that:
(a) the objects of the power of attorney have been carried out, or
(b) the objects of the power of attorney have become incapable of being
carried out, or
(c) the power of attorney is otherwise exhausted.The proposed section substantially re-enacts the provisions of section 160 (2) of
the Conveyancing Act 1919 relating to the termination of irrevocable powers of
attorney under that Act.Division 3 Confirmation of powers conferred when principal
mentally incapacitated
Clause 29 enables the Supreme Court, on the application of a principal under a
power of attorney, to confirm any power to do an act under the power of attorney
if it appears to the Court that the nature of the act was not beyond the
understanding of the principal through mental incapacity at the time when the
power was given.The proposed section substantially re-enacts the provisions of section 163E (3)
of the Conveyancing Act 1919.Clause 30 enables the Supreme Court, on the application of a principal under a
power of attorney, to confirm any power to do an act under the power of attorney
that was beyond the understanding of the principal through mental incapacity at
the time the power was given to the extent that it appears to the Court that the
power was subsequently affirmed by the principal while he or she was mentally
capable.The proposed section substantially re-enacts the provisions of section 163E (4)
of the Conveyancing Act 1919.Clause 31 enables the Supreme Court, on the application of a principal under a
power of attorney, to confirm any power to do an act under the power of attorney
that was beyond the understanding of the principal through mental incapacity at
the time the power was given if it appears to the Court that the principal is still
unable to affirm the power and it is in the principal’s best interest to do so.The proposed section substantially re-enacts the provisions of section 163E (5)
and (7) of the Conveyancing Act 1919.Clause 32 provides that an order made by the Supreme Court under the
Division confirming a power has effect as if at the time when the order takes
effect the principal were of full capacity and had in due form confirmed the
power of attorney to the extent of the order of confirmation.The proposed section substantially re-enacts the provisions of section 163E (6)
of the Conveyancing Act 1919.Division 4 Review of enduring powers of attorney and other
powers
Clause 33 provides that the following powers of attorney are reviewable under
the Division (reviewable powers of attorney):
(a) enduring powers of attorney are reviewable by both the Guardianship
Tribunal and the Supreme Court,
(b) any other power of attorney where the principal is currently
incommunicate is reviewable by the Supreme Court (but not the
Guardianship Tribunal).Currently, the Supreme Court has exclusive jurisdiction to review such powers
of attorney under section 163G of the Conveyancing Act 1919. However, the
Supreme Court’s jurisdiction in respect of powers of attorney made by principals
who are incommunicate is limited to principals who are incommunicate by
reason of a mental or physical incapacity. The extended definition of
incommunicate in the proposed Act will confer jurisdiction on the Supreme
Court to review powers of attorney made by principals who are unable to receive
communications respecting their property or affairs because they cannot be
located or contacted.Clause 34 enables the Guardianship Tribunal and the Supreme Court each to
refer an application under the Division relating to an enduring power of attorney
to the other review tribunal (for instance, because of the level of complexity of
legal issues likely to be raised by the application).Clause 35 provides for who may make, and who are to be the parties to,
applications under the Division. For instance, a person is an interested person
for the purposes of making applications in respect of a reviewable power of
attorney if the person is any of the following:
(a) an attorney,
(b) the principal,
(c) any person who is:(i) a guardian of the principal (whether under the Guardianship Act
1987 or any other Act or law), or
(ii) an enduring guardian of the principal under the Guardianship Act
1987,
(d) any other person who, in the opinion of the review tribunal, has a proper
interest in the proceedings or a genuine concern for the welfare of the
principal.Currently, section 163G (2) of the Conveyancing Act 1919 limits the making of
applications to review such powers of attorney to the principal.Clause 36 enables a review tribunal to review the operation and effect of a
reviewable power of attorney on the application of an interested person.The proposed section confers a number of new powers on a review tribunal
beyond those currently listed in section 163G of the Conveyancing Act 1919,
including powers to make the following orders:
(a) an order declaring that the principal did or did not have mental capacity to
make a valid power of attorney,
(b) an order declaring that the power of attorney is invalid (either in whole or
in part),
(c) an order varying a term of, or a power conferred by, the power of attorney
(even without the consent of the attorney),
(d) an order reinstating a power of attorney that has lapsed by reason of any
vacancy in the office of an attorney and appointing a substitute attorney to
replace the attorney who vacated office,
(e) an order declaring that the principal lacked or lacks capacity because of
mental incapacity at a specified time or during a specified period or for the
time being,
(f) such other orders as the review tribunal thinks fit.The new review powers differ from the current provisions of section 163G of the
Conveyancing Act 1919 in at least two other respects. First, the jurisdiction
conferred by section 163G on the Supreme Court can, except to a limited extent,
be ousted by the instrument creating the power of attorney. This is not the case
with the new provisions, unless the power of attorney is an irrevocable power of
attorney. Second, a review tribunal will have the power to reinstate a lapsed
power of attorney and direct that the order have effect from the date on which it
lapsed. There is no similar power in section 163G.Clause 37 enables the Guardianship Tribunal, on an application for the review
of a reviewable power of attorney, to proceed instead as if an application for a
financial management order under Part 3A (Financial management) of the
Guardianship Act 1987 had been duly made in respect of the principal under that
power if it considers it appropriate in all the circumstances to do so. Also, the
proposed section enables the Supreme Court, on an application for the review of
a reviewable power of attorney, to proceed instead as if an application for a
declaration and order under section 13 (Declaration and order where person
incapable of managing affairs) of the Protected Estates Act 1983 had been duly
made in respect of the principal under that power if it considers it appropriate in
all the circumstances to do so.Clause 38 enables a review tribunal, on the application of an attorney under a
reviewable power of attorney, to give advice or direction on any matter relating
to the scope of the attorney’s appointment or the exercise of any function by the
attorney under the power of attorney or to approve acts proposed to be done by
the attorney under the power. If any such advice or direction is given (or an act
approved), no proceedings will lie against an attorney for or on account of any
act, matter or thing done or omitted to be done by the attorney in good faith and
in accordance with any approval, advice or direction given by the review
tribunal.Division 5 Reference of questions of law
Clause 39 enables the Guardianship Tribunal, in determining an application in
respect of a reviewable power of attorney, to refer questions of law to the
Supreme Court for the opinion of the Court.Division 6 Appeals from decisions of Guardianship Tribunal
Clause 40 provides for an appeal against a decision of the Guardianship
Tribunal to the Supreme Court on a question of law or, with the leave of that
Court, on any other question, in each case relating to proceedings for joining a
party in a matter under Division 4 or arising under proposed section 36.Clause 41 provides for an appeal to the Administrative Decisions Tribunal
against any decision of the Guardianship Tribunal in any such proceedings.Division 7 Procedure in relation to incommunicate principals
Clause 42 provides for how proceedings under the Part are to be commenced
and carried on if the principal is incommunicate.The proposed section substantially re-enacts the provisions of section 163H of
the Conveyancing Act 1919.Part 6 Powers of attorney generally
Division 1 General provisions
Clause 43 enables an attorney under a power of attorney to execute instruments
and do other things in the attorney’s own name.The proposed section substantially re-enacts the provisions of section 159 of the
Conveyancing Act 1919.Clause 44 provides that a document that is a certified copy of a power of
attorney as provided by the proposed section is evidence of the execution and
contents of the power of attorney. It also makes it an offence for a person to give
a false certificate under the proposed section. The maximum penalty for such an
offence will be 5 years imprisonment.The proposed section substantially re-enacts the provisions of section 163A of
the Conveyancing Act 1919.Clause 45 provides that an attorney under a power of attorney cannot appoint a
substitute, delegate or sub-attorney unless the instrument creating the power
expressly provides for the attorney to do so. It also provides that an attorney
cannot irrevocably appoint a substitute, delegate or sub-attorney unless the
instrument creating the power of attorney expressly provides for the attorney to
do so.The proposed section substantially re-enacts the provisions of section 158 (3) of
the Conveyancing Act 1919 in relation to attempts to irrevocably appoint a
substitute, delegate or sub-attorney.Division 2 Termination and suspension of powers of
attorney
Clause 46 provides that if a power of attorney appoints 2 or more persons as
joint attorneys, the power of attorney is terminated if the office of one or more
of the attorneys becomes vacant. It also provides that if a power of attorney
appoints 2 or more persons as attorneys either severally or jointly and severally,
a vacancy in the office of one or more attorneys does not operate to terminate the
power of attorney in relation to the other attorneys. There are currently no
corresponding provisions in the Conveyancing Act 1919.Clause 47 provides that an attorney is entitled to rely on a power of attorney that
has been terminated or suspended if the attorney is unaware of the termination
or suspension of the power.The proposed section substantially re-enacts the provisions of section 161 of the
Conveyancing Act 1919.Clause 48 provides that third parties to a power of attorney are entitled in
certain circumstances to rely on acts done under terminated or suspended powers
of attorney.The proposed section substantially re-enacts the provisions of section 162 of the
Conveyancing Act 1919.Clause 49 makes it an offence for an attorney to do an act or thing under a
power of attorney that the attorney knows had been terminated at the time of
doing the act or thing. It also makes it an offence for an attorney to do an act or
thing under a power of attorney that the attorney knows had been suspended at
the time of doing the act or thing. The maximum penalty for each of the offences
is 5 years imprisonment.The proposed section substantially re-enacts the provisions of section 162A of
the Conveyancing Act 1919.Clause 50 indicates that section 76 of the Protected Estates Act 1983 makes
provision in respect of powers of attorney made by principals who are subject to
management under that Act. Section 76 of that Act provides that a power of
attorney is not terminated only because the estate of the principal has become
subject to management under that Act. It also provides that a power of attorney
is suspended while the estate of the principal is subject tomanagement under that
Act.Division 3 Registration of powers of attorney
Clause 51 enables an instrument creating or revoking a power of attorney to be
registered by the Registrar-General in the General Register of Deeds kept under
the Conveyancing Act 1919.The proposed section substantially re-enacts the provisions of section 163 (1)
and (3) of the Conveyancing Act 1919.Clause 52 provides that certain deeds (or memoranda that operate as deeds) that
are executed by an attorney under a power of attorney do not have effect until
the power of attorney is registered.The proposed section substantially re-enacts the provisions of section 163 (2)
and (4) of the Conveyancing Act 1919. However, the proposed section makes it
clear that this requirement to register powers of attorney is limited to deeds and
memoranda affecting land. There has been some doubt in the case law about
whether section 163 (2) and (4) of the Conveyancing Act 1919 extend to other
kinds of deed. However, the case law has tended to suggest that those provisions
are limited to instruments affecting land. See Maronis Holdings Ltd v Nippon
Credit Australia Pty Ltd (2001) 38 ACSR 404 at 432.Part 7 Miscellaneous
Clause 53 enables the Governor to make regulations for the purposes of the
proposed Act.Clause 54 provides that an offence under the proposed Act (other than an
offence under the regulations) is to be prosecuted on indictment. Offences under
the regulations may be dealt with summarily before a Local Court.Clause 55 gives effect to consequential amendments made to certain Acts and
a regulation set out in Schedule 4.Clause 56 gives effect to Schedule 5 containing savings, transitional and other
provisions.Clause 57 provides for a review of the operation of the proposed Act to be
undertaken after 5 years from the date of assent to the proposed Act.Schedule 1 Repealed provisions of Conveyancing Act
1919 with continuing operation
Schedule 1 contains a copy of the provisions of Part 16 of, and Schedule 7 to,
the Conveyancing Act 1919 (which deal with powers of attorney) as in force
immediately before the commencement of proposed section 6.Schedule 2 Form for prescribed power of attorney
Schedule 2 contains the form for a prescribed power of attorney.Schedule 3 Prescribed expressions and
authorisations for prescribed powers of
attorney
Schedule 3 specifies expressions that may be included in a prescribed power of
attorney for the purposes of proposed sections 11, 12 and 13 that, if included in
a prescribed power of attorney, will authorise the attorney to give gifts or confer
certain benefits of the kind specified in that Schedule.Schedule 4 Amendment of Acts and regulation
Schedule 4 makes amendments that are consequential on the enactment of the
proposed Act to the Conveyancing Act 1919, the Conveyancing (General)
Regulation 2003, the Guardianship Act 1987, the Protected Estates Act 1983,
the Retirement Villages Act 1999, the Trustee Act 1925 and the Wills, Probate
and Administration Act 1898.Schedule 5 Savings, transitional and other provisions
Schedule 5 contains provisions enabling the Governor to make regulations of a
savings and transitional nature. It also provides that references in other Acts and
in instruments made under other Acts to the proposed Act are to be read as
including references to corresponding provisions of the Conveyancing Act 1919
that have continuing effect under proposed section 6 of the proposed Act.
Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.
Download
No downloadable files available