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AGED AND INFIRM PERSONS' PROPERTY ACT 1940 - SECT 30

AGED AND INFIRM PERSONS' PROPERTY ACT 1940 - SECT 30

30—Relationship between this Act and " " Guardianship and Administration Act 1993

        (1)         The court, on making or rescinding a protection order, must cause notice of the court's order to be forwarded to the South Australian Civil and Administrative Tribunal.

        (2)         If an administration order is in force in respect of the whole of a person's estate, a protection order cannot be made in respect of the estate while that other order remains in force.

        (3)         If an administration order is in force in respect of a part of a person's estate, a protection order can only be made in respect of the remainder of the estate while that other order remains in force.

        (4)         If an administration order is made in respect of the whole or a part of a protected person's estate—

            (a)         the South Australian Civil and Administrative Tribunal must, on all rights of appeal against the order being exhausted, cause a notice of the order and of the date on which it took effect to be filed in the court; and

            (b)         on the notice being so filed, the protection order will be taken to have been wholly rescinded or, if the administration order relates only to a part of the person's estate, rescinded to that extent, as from the day on which the administration order took effect.

        (5)         The court must notify the former manager of the protected estate of a rescission of or affecting the protection order pursuant to subsection (3).

        (6)         The former manager of the protected estate has the same obligations in relation to the filing of accounts, statements and affidavits as if the protection order had been rescinded by the court.

        (7)         In this section—

"administration order" means an administration order under the Guardianship and Administration Act 1993 .