Conveyancing (Amendment) Act 1943 (NSW)

CONVEYANCING (AMENDMENT) ACT.

Act No. 8, 19411

An Act to make certain provisions for and in relation to the furnishing of evidence of non-revocation of powers of attorney given by persons engaged on war service; for this purpose to amend the Conveyancing Act, 1919-1942, and the Trustee and Wills (Emergency Provisions) Act, 1940; and for purposes connected therewith. [Assented

to, 31st May, 1943.]

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis-	Wales in Parliament assembled, and by the authority of
the same, as follows :—
1 . (1) This Act may be cited as the "Conveyancing (Amendment) Act, 1943."
(2) The Conveyancing Act, 1919, as amended by subsequent Acts and by this Act, may be cited as the
Conveyancing Act, 1919-1943.

2 . The Conveyancing Act, 1919-1942, is amended—

(a) by inserting next after subsection four of section one hundred and sixty the following new subsection:—

(4A) (a) I n any case where the donor of the power is engaged on w a r service the following provis ions shall have effect:—

(i)   a statutory declaration by the donee of the power tha t the donor of the power is engaged on war service within the meaning of this Act, shall be accepted as sufficient evidence of the fact by any person dealing with the donee of the power ;

(ii)   the donor of the power shall be pre­ sumed to remain alive unt i l definite news of his dea th has been received or such death has been presumed by a cour t of competent jurisdict ion, or a certificate of death on war service h a s been issued p u r s u a n t to the Nat ional

Secur i ty (Supp lementa ry ) Regulat ions

or the Nat ional Securi ty ( W a r Deaths) Regulat ions made under the Nat ional Secur i ty Act 1939-1940 of the Par l i a ­ ment of the Commonwealth of Aus t ra l i a or any regulat ions made under tha t Act amending or replacing the Nat ional Secur i ty ( W a r Deaths) Regu la t ions ;

and the fact t ha t he is r epor ted

" m i s s i n g " or " m i s s i n g and believed

to be k i l l ed" or any similar r epo r t shall

not be construed as giving to persons having knowledge of such r epo r t actual notice of his death a l though the same has in fact occurred.

(b) F o r the purposes of this subsection a person shall be deemed to be " e n g a g e d on war s e r v i c e " if, being a member of His Majes ty ' s naval , mi l i ta ry or a i r forces, he is bound to con­ t inuous service with such forces for the dura ­ tion of the present w a r between His Majes ty

and

a n d Germany and he r allies, whether or not he has agreed to serve or does serve beyond the limits of the Commonwealth of Aus t ra l i a and those of any t e r r i t o ry under the au thor i ty of the Commonwealth.

(c) This subsection shall extend to

powers of a t to rney created by ins t ruments executed before as well as after the commence­ ment of the Conveyancing (Amendment) Act, 1943.

(d) This subsection shall extend to any power of a t to rney the donor of which is engaged on war service whether or not the donor of the power was engaged on war service a t the date of execution of the ins t rument crea t ing the power, and whether the ins t rument crea t ing the power was executed in or outside New South Wales .

(e) W h e r e before the commencement of the Conveyancing (Amendment ) Act, 1943, a s t a tu to ry declarat ion has been accepted by a person dealing in good faith with the donee of the power, the provisions of p a r a g r a p h s (a) to (d) both inclusive of this subsection shall extend to and in respect of such declarat ion in like manner as they extend to similar declara­ tions made af ter such commencement.

(f) Nothing in this subsection shall be
construed as l imit ing any power, author i ty ,

privilege or immuni ty conferred or given by

Provis ions) Act, 1940. P a r t I I of the Trus tee and Wills (Emergency

(b) by omit t ing subsection four of section 168A.

3 . The Trus tee and Wills (Emergency Provis ions)
Act, 1940, is amended by inser t ing in section eight af ter

the words " c o m p e t e n t j u r i sd i c t i on" the words " o r a

certificate

certificate of death on war service has been issued pur- suant to the National Security (Supplementary) Regula- tions or the National Security (War Deaths) Regulations made under the National Security Act 1939-1940 of the Parliament of the Commonwealth of Australia, or any regulations made under that Act amending or replacing the National Security (War Deaths) Regulations."