POWERS OF ATTORNEY ACT 2000
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. ]