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POWERS OF ATTORNEY ACT 2000

- Act 68 of 2000 - Royal Assent 14 November 2000

Table of Provisions

Long Title

PART 1 - Preliminary

  • 1 Short title
  • 2 Commencement
  • 3 Interpretation

PART 2 - Administration

  • 4 Register of powers of attorney
  • 5 Searches of public records
  • 6 Copies of register
  • 7 Section 7
  • 8 Power to sell, destroy or otherwise dispose of certain documents

PART 3 - Powers of Attorney and other instruments Division 1 -

Formal requirements
  • 9 Formal requirements
  • 10 Requirements for other instruments

Division 2 - Registration of powers of attorney, &c.

  • 11 Powers of attorney not to be registered except in accordance with
  • this Act
  • 12 Lodgment of powers of attorney, &c.
  • 13 Authority for lodgment by electronic process
  • 14 Lodgment of supporting documents
  • 15 Scope of powers of attorney
  • 16 Acts under power invalid until power registered
  • 17 Death, &c., of donor of power may be registered
  • 18 Form of power of attorney

Division 3 - Effect of powers of attorney

  • 19 Application of Division
  • 20 Authority conferred by power of attorney
  • 21 Nature of authority conferred
  • 22 Duration of power of attorney
  • 23 Execution under power of attorney
  • 24 Effect of power of attorney for value made irrevocable
  • 25 Effect of power of attorney irrevocable for fixed period
  • 26 Appointment of attorney by class

Division 4 - Revocation of powers of attorney other than enduring

powers of attorney
  • 27AA Application of Division
  • 27 Revocation of power of attorney
  • 28 Effect on dealings with attorney in good faith
  • 29 Revocation of unregistered power of attorney

PART 4 - Enduring Powers of Attorney

  • 30 Creation and effect of enduring powers of attorney
  • 31 Scope of authority, &c., of attorney under enduring power of
  • attorney
  • 32 Duties of attorney under enduring power of attorney
  • 32AA Right of attorney to information
  • 32AB Power to take action to the benefit of attorney
  • 32AC Transactions that may involve conflict of duty
  • 32AD Keeping of records, &c.
  • 32AE Revocation of enduring powers of attorney
  • 32AF Effect of power of attorney when inconsistent with subsequent
  • enduring power of attorney
  • 32AG Effect on dealings with attorney in good faith in respect of
  • enduring powers
  • 32AH Effect of ademptions of testamentary gifts by attorney under enduring
  • power of attorney
  • 32A Substitution of The Public Trustee as attorney
  • 33 Power of Tribunal to make orders in respect of enduring power of
  • attorney
  • 34 Requirements for applications under section 33
  • 35 Advice or directions as to enduring power of attorney
  • 36 Offence for false or misleading applications
  • 37 Contracting out prohibited
  • 38 Saving provision

PART 5 -

.  .  .  .  .  .  .  .  
  • 39 Section 39
  • 40 Section 40

PART 6 - Foreign Powers of Attorney

  • 41 Application of Part
  • 42 Recognition of registration in other States and Territories
  • 43 Registration of foreign powers of attorney
  • 44 Proof of foreign execution or registration
  • 45 Registration based on certified copies
  • 46 Registration of instruments of variation or revocation
  • 47 Enduring powers of attorney made outside Tasmania
  • 48 Powers of Tribunal to require production

PART 7 - Miscellaneous and Supplemental

  • 49 Power to have effect as deed
  • 50 Execution of power of attorney by direction of donor
  • 51 Validity of payment by attorney under power without notice of death,
  • &c.
  • 52 Validity of acts done under power after registration of power and
  • before registration of revocation
  • 53 Application of sections 51 and 52 to powers of attorney made
  • under repealed Act
  • 54 On registration, covenants for production to be inoperative
  • 55 Confirmation of acts of attorney sufficient without production of
  • power
  • 55A Prescribed fees
  • 56 Regulations
  • 57 Administration
  • 58 Saving for powers of attorney registered under repealed Act
  • 58A Validation
  • 58B Application of certain amendments made by Powers of Attorney
  • Amendment Act 2013
  • 59 Section 59
  • 60 Powers of Attorney Regulations 1997 rescinded
  • 61 Section 61
  • 62 Section 62
  • SCHEDULE 1 SCHEDULE 2

    [ Note: This table has been automatically generated and may be incomplete. ]

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