Victorian Consolidated Legislation

Instruments Act 1958 - SECT 111

Proof of instrument creating powers

111. Proof of instrument creating powers



(1) The contents of an instrument creating a power of attorney may be proved
by means of a copy which-

   (a)  is a reproduction of the original made with a photographic or other
        device for reproducing documents in facsimile; and

   (b)  contains the following certificate or certificates signed by the donor
        of the power or by a legal practitioner, financial services licensee,
        regulated principal, justice of the peace, public notary or any other
        officer authorized by law to administer an oath or by a person of a
        prescribed class, that is to say-

   (i)  a certificate at the end to the effect that the copy is a true and
        complete copy of the original; and

   (ii) if the original consists of two or more pages, a certificate at the
        end of each page which creates the power of attorney of the copy to
        the effect that it is a true and complete copy of the corresponding
        page of the original.

(2) Where a copy of an instrument creating a power of attorney has been made
which complies with subsection (1), the contents of the instrument may also be
proved by means of a copy of that copy if the further copy itself complies
with that subsection, taking references in it to the original as references to
the copy from which the further copy is made.

(3) For the purposes of this section a document shall be deemed to be
reproduced in facsimile notwithstanding that the reproduction is enlarged or
reduced in size so long as the document is clearly legible.

(4) In subsection (1)-

financial services licensee means a financial services licensee (as defined in
section 761A of the Corporations Act) whose licence covers dealing in
securities; regulated principal means a regulated principal (as defined in
section 1430 of the Corporations Act) who is authorised by Subdivision D of
Division 1 of Part 10.2 of that Act to deal in securities.