Powers of Attorney Regulation 2007 (No 2) (ACT)

Powers of Attorney Regulation 2007 (No 2) (repealed)   

SL2007-11

made under the

Powers of Attorney Act 2006

Republication No 3

Effective:  7 May 2008

Republication date: 7 May 2008

As repealed by A2008-7 s 4

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This is a republication of the Powers of Attorney Regulation 2007 (No 2) (repealed), made under the Powers of Attorney Act 2006, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any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 7 May 2008. 

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 (No 2) (repealed)

made under the

Powers of Attorney Act 2006

Contents

Page

1. Name of regulation  2

2. Modification of Act, ch 20, new section 152A—Act, s 156  2

3. Modification of Act, ch 20, new section 152B—Act, s 156  3

Endnotes

1. About the endnotes  4

2. Abbreviation key  4

3. Legislation history  5

4. Amendment history  5

5. Earlier republications  6

Powers of Attorney Regulation 2007 (No 2) (repealed)

made under the

Powers of Attorney Act 2006

1. Name of regulation

   This regulation is the Powers of Attorney Regulation 2007 (No 2).

2. Modification of Act, ch 20, new section 152A—Act, s 156

   The Act, chapter 20 (Transitional provisions) is modified by inserting the following:

152ATransitional––powers of attorney forms under previous Act, sch 1

(1)This section applies to a general power of attorney or enduring power of attorney made on or after the commencement day and before 1 December 2007 using a form under the previous Act, schedule 1.

(2)This Act applies to the power of attorney.

(3)However, if the power of attorney when made complied with the previous Act, the power of attorney—

(a)is not taken to be invalid only because it does not comply with a provision of this Act about the making of powers of attorney; and

(b)to remove any doubt, operates to the extent that it is not  otherwise inconsistent with this Act.

(4)This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

1. Modification of Act, ch 20, new section 152B—Act, s 156

   The Act, chapter 20 (Transitional provisions) is modified by inserting the following:

152BTransitional—powers of attorney to consent to body part donations etc under previous Act

(1)This section applies to an enduring power of attorney in force immediately before the commencement day if the power of attorney includes a power to consent to a donation under the previous Act, section 13 (1) (b) (ii).

(2)Despite section 35 (b) (Things that cannot be lawfully done by attorneys), the power of attorney continues to authorise the attorney to consent to the donation.

(3)This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

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 (No 2) SL2007-11

   notified LR 24 May 2007
   s 1, s 2 commenced 24 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 4

   notified LR 29 May 2007
   s 1, s 2 commenced 29 May 2007 (LA s 75 (1))
   s 4 commenced 30 May 2007 (s 2)

   
   
   

   Justice and Community Safety Legislation Amendment Act 2007 A2007‑22 sch 1 pt 1.13

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

   sch 1 pt 1.13 commenced 6 September 2007 (s 2)

   as repealed by

   Justice and Community Safety Legislation Amendment Act 2008 A2008-7 s 4

   notified LR 16 April 2008
   s 1, s 2 commenced 16 April 2008 (LA s 75 (1))

   s 4 commenced 7 May 2008 (s 2)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Modification of Act, ch 20, new section 152B—Act, s 156

   s 4 hdgsub A2007-22 amdt 1.49

   s 4ins SL2007-12 s 4

   am A2007-22 amdt 1.50

1. 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
R2 6 Sept 2007	6 Sept 2007– 6 May 2008	A2007-22	amendments by A2007-22

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