CONVEYANCING (GENERAL) REGULATION 1998 - REG 46 Attestation of execution of certain powers of attorney

This legislation has been repealed.

CONVEYANCING (GENERAL) REGULATION 1998 - REG 46

46 Attestation of execution of certain powers of attorney

(1) For the purpose of attesting an instrument in accordance with section 163F (2) (b) of the Act within Australia, the following persons are prescribed persons:

(a) a clerk of a local court,

(b) a barrister or solicitor of a court of any State or Territory of the Commonwealth.

(2) For the purpose of attesting an instrument in accordance with section 163F (2) (b) of the Act in a country outside Australia, the following persons are prescribed persons:

(a) a clerk of a local court,

(b) a barrister or solicitor of a court of any State or Territory of the Commonwealth,

(c) a legal practitioner duly qualified in that country, instructed and employed independently of any legal practitioner appointed as an attorney under the instrument,

(d) an Australian or a British Consular Officer exercising consular functions in that country.

(3) A person is not a prescribed person for the purposes of section 163F (2) (b) of the Act if the person is:

(a) a solicitor acting for, or employed in the legal practice of, a solicitor appointed as an attorney under the instrument, or

(b) a solicitor who is a member of a partnership which carries on a legal practice and of which an attorney under the instrument is a member.