Powers of Attorney Regulation 2007 (ACT)

Powers of Attorney Regulation 2007 (repealed)   

SL2007-8

made under the

Powers of Attorney Act 2006

Republication No 2

Effective:  6 September 2007

Republication date: 6 September 2007

As repealed by A2007-22 s 5

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Powers of Attorney Regulation 2007 (repealed), made under the Powers of Attorney Act 2006, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 6 September 2007. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

Powers of Attorney Regulation 2007 (repealed)

made under the

Powers of Attorney Act 2006

Contents

Page

1. Name of regulation  2

2. Modification of Act, ch 20—Act, s 156  2

Schedule 1Modification of Act, ch 20 (Transitional provisions)  3

Endnotes

1. About the endnotes  6

2. Abbreviation key  6

3. Legislation history  7

4. Amendment history  7

5. Earlier republications  8

Powers of Attorney Regulation 2007 (repealed)

made under the

Powers of Attorney Act 2006

1. Name of regulation

   This regulation is the Powers of Attorney Regulation 2007.

2. Modification of Act, ch 20—Act, s 156

   The Act, chapter 20 (Transitional provisions) is modified by schedule 1.

Schedule 1Modification of Act, ch 20 (Transitional provisions)

(see s 3)

[1.1]New sections 156B to 156M

insert

156BAuthorisation of attorneys

Section 13 heading applies as if it read as follows:

‘13            Appointment of attorneys’.

156CAuthorisation of attorneys

Section 13 applies as if ‘authorise’ were omitted and ‘appoint’ were substituted.

156DAuthorisation of attorneys by name or position

Section 15 applies as if it read as follows:

‘15            Appointment of attorneys by name or position

A principal may appoint a person to act under a power of attorney by—

(a)naming the person; or

(b)nominating the occupant of a position (however described), at a particular time or from time to time.

NoteThe principal may revoke a power of attorney if the principal has decision-making capacity.’.

156EWho can be a witness?

Section 21 (1) and (2) apply as if ‘authorised’ were omitted and ‘appointed’ substituted.

156FCertificates by witnesses to powers of attorney

Section 22 (2) (d) applies as if it read as follows:

‘(d)at the time the principal gave the direction to sign the power of attorney, the principal appeared to the witness to understand the nature and effect of making the power of attorney.’.

156GAppointment of 2 or more attorneys

Part 3.3 heading applies as if ‘Appointment’ were omitted and ‘Authorisation’ substituted.

156HAppointment of 2 or more attorneys under power of attorney

Section 25 heading applies as if ‘Appointment’ were omitted and ‘Authorisation’ substituted.

156IHow does enduring power of attorney operate while principal has capacity?

Section 31 (2) applies as if it read as follows:

‘(2)While the principal has decision-making capacity, the power of attorney operates as a general power of attorney in relation to property matters.’.

156JObligation of attorneys to keep interested people informed

Section 43 (1) applies as if ‘authorisation’ were omitted and ‘appointment’ were substituted.

156KResignation of attorney’s authorisation under power of attorney

Section 53 applies as if ‘authorisation’ were omitted and ‘appointment’ were substituted.

156LPublic trustee to assist if asked

Section 83 heading applies as if it read as follows:

‘83            Assistance by public trustee’.

156MPublic trustee to assist if asked

Section 83 (3) applies as if it read as follows:

‘(3)The public trustee may, if asked by the public advocate, assist the public advocate by examining and reporting on the books, accounts or other records of transactions carried out by an attorney for the principal under the enduring power of attorney.’.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

1. Legislation history

   Powers of Attorney Regulation 2007 A2007-8

   notified LR 3 May 2007
   s 1, s 2 commenced 3 May 2007 (LA s 75 (1))
   remainder commenced 30 May 2007 (s 2)

   
   
   

   as amended by

   Powers of Attorney Amendment Regulation 2007 (No 1) SL2007-12 s 5

   notified LR 29 May 2007
   s 1, s 2 commenced 29 May 2007 (LA s 75 (1))
   s 5 commenced 30 May 2007 (s 2)

   
   
   

   as repealed by

   Justice and Community Safety Legislation Amendment Act 2007 A2007‑22 s 5

   notified LR 5 September 2007
   s 1, s 2 commenced 5 September 2007 (LA s 75 (1))

   s 5 commenced 6 September 2007 (s 2)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Modification of Act, ch 20 (Transitional provisions)

   sch 1am SL2007-12 s 5

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 30 May 2007	30 May 2007– 5 Sept 2007	SL2007-12	new regulation and amendments by SL2007-12