POWERS OF ATTORNEY ACT 2003 - SCHEDULE 5
POWERS OF ATTORNEY ACT 2003 - SCHEDULE 5
SCHEDULE 5 – Savings, transitional and other provisions
Part 1 - General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 - Provisions consequent on enactment of this Act
2 References to this Act to be read as including references to corresponding continued provisions of Conveyancing Act 1919
(1) On and after the commencement of this clause, a reference in any other Act or in an instrument made under any other Act:(a) subject to paragraph (b)--to this Act is to be read as including a reference to all of the continued Conveyancing Act provisions, and(b) to a provision of this Act is to be read as including a reference to any continued Conveyancing Act provisions that correspond (or substantially correspond) to the provision of this Act.
(2) Subclause (1) does not apply to:(a) section 67 of the Trustee Act 1925 , or(b) any other provision of another Act, or instrument made under another Act, prescribed by the regulations.
(3) In this clause,
"continued Conveyancing Act provisions" means the provisions of Part 16 of, and Schedule 7 to, the Conveyancing Act 1919 that, by operation of section 6 (3), continue to apply to powers of attorney created (or purportedly created) by instrument executed before the commencement of section 6.
3 Persons authorised to certify copies of powers of attorney under section 44
Until a regulation is made under this Act for the purposes of section 44 (1) (a) (ii), a person who belongs to the following classes of persons is taken to be a person who belongs to a class of persons prescribed for the purposes of that subsection:
(a) in relation to a document that is endorsed within Australia--the class of persons referred to in clause 49 (a) of the Conveyancing (General) Regulation 2003 as in force immediately before the repeal of that clause by this Act, or
(b) in relation to a document that is endorsed within a foreign country--the class of persons referred to in clause 49 (b) of the Conveyancing (General) Regulation 2003 as in force immediately before the repeal of that clause by this Act.
Part 3 - Provision consequent on Succession Amendment (Intestacy) Act 2009
4 Effect of disposal of home shared by spouses under enduring power of attorney
Section 24, as in force immediately before its repeal by the Succession Amendment (Intestacy) Act 2009 , continues to apply to a spouse of a principal under an enduring power of attorney who dies intestate before the repeal and to whom it would have applied before the repeal as if it had not been repealed.
Part 4 - Provisions consequent on Powers of Attorney Amendment Act 2013
5 Definition
In this Part, the
"amending Act" means the Powers of Attorney Amendment Act 2013 .
6 Replacement of prescribed form for prescribed power of attorney
The substitution of section 8 and the repeal of Schedule 2 by the amending Act does not:
(a) confer any additional authority on an attorney under a power of attorney that was a prescribed power of attorney in force immediately before the commencement of that substitution and repeal (an
"existing authority" ), or
(b) remove any authority conferred on a principal by an existing authority, or
(c) otherwise affect the continued operation of an existing authority.
7 Review of revocations of existing powers of attorney by Guardianship Tribunal
The amendments made by Schedule 1 [8]-[14] to the amending Act extend to the review of revocations of powers of attorney created by an instrument executed before the commencement of those amendments.
8 Authority of substitute attorneys under enduring powers of attorney
Section 20 (4) extends to any enduring power of attorney created by an instrument executed before the insertion of that subsection.
9 Existing appointments of substitute attorneys
The insertion of section 45A by the amending Act does not affect the validity of any appointment of a substitute attorney made before the insertion of that section.
10 Vacation of office by joint attorneys
The amendment of section 46 by the amending Act does not apply in relation to a power of attorney created by an instrument executed before that amendment.