TRANSFER OF LAND ACT 1893 - SECT 143
TRANSFER OF LAND ACT 1893 - SECT 143
143 . Powers of attorney, creation and filing of
(1) Subject to the
provisions of this section the proprietor of any land under the operation of
this Act or of any lease mortgage or charge may appoint any person to act for
him in transferring the same or otherwise dealing therewith by signing a power
of attorney in the form in the Nineteenth Schedule or to the effect thereof.
(1A) Every such power
may be filed by lodging the original instrument of power of attorney, a
duplicate, or an office copy referred to in the Powers of Attorney Act 1896 10
with the Registrar who shall note the effect of the same in a book to be kept
for that purpose and such power shall be in force from the time of noting
until the registration of a revocation or extinguishment thereof.
(2) Where a power of
attorney is filed within a period of 3 months from the day shown as that on
which it was executed, the Registrar may presume that it is in force at the
time of filing, unless a revocation has been previously registered.
(3) The provisions of
the last preceding subsection shall not be construed so as to affect the force
of a power of attorney filed at any time after the lapse of the period of 3
months referred to in the last preceding subsection.
(4) Nothing contained
in this Act or in any other written law precludes the Registrar from requiring
evidence to his satisfaction that a power of attorney is not revoked.
(5) Subject to any
other written law —
(a) the
holder of an interest in Crown land may appoint a person to act for him in
dealing with that interest; or
(b) the
management body of a reserve may appoint a person to act for it in dealing
with Crown land within that reserve,
and shall, if he or it
does so, file the necessary power of attorney under this section.
[Section 143 amended: 62 Vict. No. 22 s. 2; No. 17
of 1950 s. 42; No. 10 of 1982 s. 28; No. 31 of 1997 s. 117; No. 8 of 2009
s. 10; No. 19 of 2010 s. 51.]