Powers of Attorney Amendment (Transitional Provision) Regulation 2018 (NSW)

New South Wales

Powers of Attorney Amendment (Transitional

Provision) Regulation 2018

under the

Powers of Attorney Act 2003

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Powers of Attorney Act 2003.

VICTOR DOMINELLO, MP

Minister for Finance, Services and Property

Explanatory note

The object of this Regulation is to provide that the amendment to the Powers of Attorney Act 2003 made by the Justice Legislation Amendment Act (No 2) 2018, which provides that the NSW Trustee and the Guardian is a party to applications relating to a reviewable power of attorney, applies only to applications made on or after the commencement of the amendment.

This Regulation is made under the Powers of Attorney Act 2003, including section 53 (the general regulation-making power), and clause 1 of Schedule 5.

Powers of Attorney Amendment (Transitional Provision) Regulation 2018 [NSW]

Powers of Attorney Amendment (Transitional Provision)

Regulation 2018

under the

Powers of Attorney Act 2003

1      Name of Regulation

This Regulation is the Powers of Attorney Amendment (Transitional Provision)

Regulation 2018.

2      Commencement

This Regulation commences on 1 December 2018 and is required to be published on the NSW legislation website.

3 Amendment of Powers of Attorney Regulation 2016

Clause 7

Insert after clause 6:

7 Provision consequent on enactment of Justice Legislation Amendment Act (No 2) 2018

Section 35 (2) of the Act, as amended by the Justice Legislation

Amendment Act (No 2) 2018, applies only to an application in respect of
a reviewable power of attorney made on or after the commencement of
the amendment.