Administration and Probate (Amendment) Act 1988 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Administration and Probate (Amendment) Ordinance 1988

No. 34 of 1988

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 17 June 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

GARY PUNCH

Minister of State for the Arts
and Territories

An Ordinance to amend the Administration  and Probate Ordinance 1929

Short title

1.  This Ordinance may be cited as the Administration  and Probate (Amendment) Ordinance 1988.1

Principal Ordinance

2.  In this Ordinance, “Principal Ordinance” means the Administration  and Probate Ordinance 1929.2

Interpretation

3.  Section 5 of the Principal Ordinance is amended—

(a)by inserting “a” after “of” (first occurring) in the definition of “Acting Deputy Registrar” in subsection (1);

(b)by omitting “the” from the definition of “Deputy Registrar” in subsection (1) and substituting “a”; and

(c)by omitting “the” from paragraph (a) of the definition of “the Registrar” in subsection (1) and substituting “a”.

Registrar and Deputy Registrars of Probates

4.  Section 7 of the Principal Ordinance is amended—

(a)by omitting from subsection (2) all the words after “appoint” and substituting “such Deputy Registrars of Probates as he or she considers necessary.”;

(b)by omitting from subsection (3) “of Probates” (wherever occurring); and

(c)by omitting from subsection (3) “Deputy” (wherever occurring) and substituting “of a Deputy”.

Powers of acting officers and Deputy Registrars

5.  Section 7A of the Principal Ordinance is amended—

(a)by omitting from subsection (1) all the words from and including “A person” to and including “Registrar of Probates” (first occurring) and substituting “An Acting Registrar”;

(b)by omitting from subsection (1) “of Probates” (wherever occurring);

(c)by omitting from subsection (2) “The Deputy Registrar of Probates” and substituting “A Deputy Registrar”;

(d)by omitting from subsection (3) all the words from and including “A person” to and including “Deputy Registrar of Probates” (first occurring) and substituting “An Acting Deputy Registrar”; and

(e)by omitting from subsection (3) “the Deputy Registrar of Probates” and substituting “a Deputy Registrar”.

Registrar’s seal and stamps

6.  Section 7B of the Principal Ordinance is amended—

(a)by omitting from subsection (2) “the last preceding sub-section” and substituting “subsection (1)”;

(b)by omitting from subsection (3) “the Deputy” and substituting “a Deputy”;

(c)by omitting from subsection (3) “marks that are facsimiles of his” and substituting “a mark that is a facsimile of his or her”; and

(d)by omitting subsection (4) and substituting the following subsection:

“(4)Instead of signing a document, or a copy of or an extract from a document, for the purposes of this Ordinance, the Registrar, a Deputy Registrar, an Acting Registrar or an Acting Deputy Registrar may cause the document, copy or extract to be stamped with a facsimile of his or her signature, and the document, copy or extract shall then be deemed to have been signed by that person.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 6 July 1988.

2. No. 18, 1929 as amended by No. 11, 1930; No. 13, 1932; No. 9, 1933; Nos. 2 and 6, 1934; Nos. 3, 13 and 27, 1937; No. 35, 1938; No. 7, 1943; No. 15, 1947; No. 16, 1950; No. 5, 1953; No. 2, 1954; No. 6, 1960; No. 20, 1965; No. 9, 1967; No. 16, 1969; No. 25, 1970; Nos. 27, 43 and 47, 1974; No. 53, 1976; No. 8, 1980; No. 67, 1984; No. 9, 1985; No. 17, 1988.