GUARDIANSHIP AND ADMINISTRATION ACT 2019 - SECT 75 Restriction on powers of represented person in relation to financial matters

GUARDIANSHIP AND ADMINISTRATION ACT 2019 - SECT 75

    (1)     Without an order of VCAT or the written consent of the administrator, to the extent that a financial matter in relation to a represented person is subject to an administration order, the represented person is taken not to have decision-making capacity in relation to—

        (a)     dealing with, transferring, alienating or charging the represented person's money or other property, in whole or in part; or

        (b)     becoming liable under a contract.

    (2)     Any dealing, transfer, alienation or charge by a represented person in relation to a financial matter that is subject to an administration order is void and of no effect, and the money or other property that is the subject of the dealing, transfer, alienation or charge is recoverable by the administrator in any court of competent jurisdiction.

    (3)     This section does not render invalid any dealing, transfer, alienation or charge by a represented person if—

        (a)     the dealing, transfer, alienation or charge was made for adequate consideration with or to or in favour of another person; and

        (b)     the other person proves that the other person acted in good faith and did not know or could not reasonably have known that the represented person was a represented person.

    (4)     For the purpose of this section, the acceptance of payment of the whole or a part of a debt is taken to be a dealing with property.