INSTRUMENTS ACT 1958

Victorian Consolidated Legislation

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INSTRUMENTS ACT 1958

No. 6279 of 1958
Version incorporating amendments as at 19 March 2009

TABLE OF PROVISIONS

Section Page
1. Short title and commencement
2. Repeal and savings

PART I-SUMMARY PROCEEDINGS ON BILLS OF EXCHANGE

3. Definitions
4. Commencement of proceedings in the Supreme Court
5. Appearance may be entered
6. Court may allow proceeding to be defended after judgment
7. Bill to be deposited in court and plaintiff to give security for costs
8. Expenses of noting may be recovered with the bill
9. One writ may be issued against all the parties to a bill
10. Practice in actions to apply
11. Limitation of costs where amount recovered does not exceed $2000.
12. This Part to apply to actions on bills in County Court and Magistrates' Courts
13. Leave of judge necessary for more than one action on two or more matured bills

PART II-INSTRUMENTS CONNECTED WITH GAMING,
ETC., TRANSACTIONS

14. Certain instruments deemed to have been given for an illegal consideration

PART III-POLICIES AND CONTRACTS OF INSURANCE

Division 1-Marine policies

15. No assurance to be made on ships etc.
16. Re-assurance of sea risks allowed
17. Plaintiff to declare within fifteen days what sums he had
assured
18. No policy to be made on any ship without inserting the name
of one or more persons interested
19. Policies made contrary to this Act void
20. Policies covered by Commonwealth Act excluded

Division 2-Life and other policies

21. No insurance to be made unless insurer has interest
22. No policy without inserting names
23. How much may be recovered
24. Not to extend to ships etc.

Division 3-Other provisions relating to insurance contracts

25. Insurance contracts other than life insurance contracts
26. Life insurance contracts
27. Maintenance of proceedings under insurance contracts
28. Arbitration
29. Division to apply to all contracts of insurance

PART IV-BONDS

30. Actions on bonds etc.

PART V-PUBLIC CONTRACTS

31. Effect of public contracts of Ministers or officers

PART VA-CORPORATE BODIES CONTRACTS

31A. Formalities of making, varying or discharging a contract

PART VI-Repealed

32-58. Repealed

PART VII-LIENS ON CROPS

59. The Chattel Securities Act 1987 not to apply
60. Definitions
61. Right of lienee to crops
62. Right of lienee to ensuing crop
63. Liens by tenants
64. Liens by mortgagors
65. Transfer of liens
66. Registration
67. Grantor of lien not to dispose of crop without consent of
lienee
68. Before whom affidavits may be made

PART VIII-LIENS ON WOOL AND MORTGAGES OF
STOCK

69. Operation of this Part and definitions
70. Right of lienee to wool
71. Right of lienee to ensuing clip of wool
72. Right of mortgagee of stock although possession in mortgagor
73. Mortgage of stock only registrable under this Part
74. Exception in case of vehicles and implements
75. Mortgages of stock to comprise the stock for the time being
on the station
76. Future mortgages unless registered to be invalid as against purchaser for valuable consideration
77. Transfers of liens and mortgages
78. Receipt to be indorsed on mortgages
79. Particulars of registration by Registrar-General
80. Registration of receipt from mortgagee
81. Frauds by mortgagor etc.
82. Before whom affidavits may be made
PARTS IX, X-Repealed
83-103. Repealed

PART XI-POWERS OF ATTORNEY

104. Definitions
105. Application of Part
106. Execution of powers of attorney
107. Form of power of attorney
108. Execution of instrument etc. by attorney
109. Powers of attorney given as security
110. Protection of attorney and third persons where power of
attorney is revoked
111. Proof of instrument creating powers
112. References to instruments
113. Regulations

PART XIA-ENDURING POWERS OF ATTORNEY

Division 1-Introductory

114. Interpretation

Division 2-Making an enduring power of attorney

115. What is an enduring power of attorney?
116. Recognition of enduring powers made in other States and Territories
117. When is the attorney's power exercisable?
118. When does a donor have capacity to make an enduring power
of attorney?
119. Appointment of one or more attorneys
120. Appointment of alternative attorney
121. Can a person who is insolvent be an attorney?
122. Attorney can be head of religious order
123. What are the formal requirements for making an enduring
power of attorney?
124. Who can sign for the donor?
125. Who can be a witness?
125A. What must the witnesses certify?
125B. Signature and undertaking of attorney required
125C. Enduring power of attorney to be a deed

Division 3-Role of attorney

125D. Requirement to keep records
125E. Powers of attorney to execute instruments etc.
125F. Role of attorney where guardian appointed
125G. Role of attorney where administrator appointed

Division 4-How is an enduring power of attorney revoked?
Subdivision 1-Introductory

125H. Division not to affect revocation under other laws
Subdivision 2-Revocation by donor
125I. Revocation in writing
125J. Revocation by later enduring power of attorney
125K. Death
Subdivision 3-Revocation according to terms
125L. According to terms
Subdivision 4-Revocation by attorney
125M. Resignation
125N. Legal incapacity
125O. Revocation if attorney becomes insolvent
125P. Death
Subdivision 5-Revocation by Tribunal
125Q. Revocation by Tribunal
Subdivision 6-Effect of revocation if more than one attorney
125R. Effect of revocation if more than one attorney

Division 5-Protection from liability

125S. Definitions
125T. Protection if Court or Tribunal has given advice or
direction or recommendation
125U. Protection for attorney and third persons who are unaware
of invalidity

Division 6-Jurisdiction of Tribunal
Subdivision 1-General powers of Tribunal

125V. Application to Tribunal
125W. Who is entitled to notice?
125X. General power of revocation of Tribunal
125Y. Declaration of invalidity
125Z. Further powers of Tribunal
125ZA. Advisory opinions
125ZB. Records and audit
Subdivision 2-Rehearings
125ZC. Application for rehearing
125ZD. Parties and notice
125ZE. Rehearing
125ZF. Effect of first instance order pending rehearing

Division 7-General
Subdivision 1-Proof of enduring power of attorney

125ZG. Proof of enduring power of attorney
125ZH. Who may certify the copy?
125ZI. Proof by certified copy of certified copy
125ZJ. Other forms of proof not affected
125ZK. References to enduring powers of attorney
Subdivision 2-Approval of forms
125ZL. Approved forms
Subdivision 3-Regulations
125ZM. Regulations

Division 8-Transitional

125ZN. Saving for existing enduring powers of attorney
125ZO. Existing powers of attorney from other jurisdictions
125ZP. Continuation of provisions relating to protected persons

PART XII-MISCELLANEOUS PROMISES ETC. REQUIRED
TO BE IN WRITING

126. Certain agreements to be in writing
127. Repealed
128. Representations of character
129. Consideration for guarantee need not appear in writing
130. Liability of members of unregistered companies

PART XIII-CONTRACTS RELATING TO THE CARRIAGE
OF PASSENGERS BY WATER

131. Definitions
132. Contracts for carriage of passengers by water
133. Contracting out not allowed
134. Construction and jurisdiction
135. Owners of ships not to insert illegal conditions in contracts

PART XIV-SUPPLEMENTARY

136. Validation of certain transactions in banking shares
137. Abolition of warrants of attorney
138. Power to Registrar-General to destroy or dispose of documents
138A. Transitional provision
139. Fees, searches and regulations
__________________
SCHEDULE 1-Repeals
SCHEDULE 2-Form of writ for proceeding in Supreme Court
3-5-Repealed
SCHEDULE 6-Form of lien agreement-crops
SCHEDULE 7- Form of lien agreement-wool
SCHEDULE 8-Form of providing details of stock mortgage
9-11-Repealed
SCHEDULE 12-General power of attorney
13-16-Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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