Powers Of Attorney Regulations 1982 (NT)

NORTHERN TERRITORY OF AUSTRALIA

POWERS OF ATTORNEY REGULATIONS 1982

As in force at 28 July 2016

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary1 — Citation2 — Definitions3 — Establishment of RegisterPart II — Procedure, &c.Division 1 — Procedure5 — Procedure for registration of local instrument5AA — Procedure for registration of interstate instrument5A — Recording and use of common form provisionsDivision 2 — Revocation, &c., of general and enduring powers6 — Application of Division 27 — Court orders to be served on Registrar‑General8 — Notice of death9 — Notice of retirement10 — Notice of bankruptcy11 — Notice of revocation by donor to be lodgedDivision 3 — Revocation of power to secure proprietary interest12 — Application of Division 313 — Notice of revocation14 — Notice of court order to be served on Registrar‑GeneralENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 28 July 2016

POWERS OF ATTORNEY REGULATIONS 1982

Regulations under the Powers of Attorney Act 1980

Part IPreliminary 1Citation

These Regulations may be cited as the Powers of Attorney Regulations 1982.

2Definitions

In these Regulations, unless the contrary intention appears:

register means the Register of Powers of Attorney established under regulation 3.

registered power means a power created in an instrument that has been registered under section 7 of the Act and in accordance with these Regulations.

the Act means the Powers of Attorney Act 1980.

3Establishment of Register

• (1)

  The Registrar-General shall keep and maintain a Register of Powers of Attorney.

• (2)

  The register shall include particulars of:

  • (a)

    the name of the donor; and

  • (b)

    the lodgement number and date of the instrument creating the power,

  and where applicable:

  • (c)

    the date of the revocation of a power by the operation of section 16 of the Act;

  • (d)

    the date of the revocation of a power by the operation of section 17 of the Act;

  • (e)

    a guardianship order under the Guardianship of Adults Act 2016;

  • (f)

    a court order revoking or varying the terms of an instrument creating a power under section 19(3) of the Act.

  Part IIProcedure, &c.

Division 1Procedure 5Procedure for registration of local instrument

• (1)

  Where a party to an instrument creating a power of attorney desires to register it, he shall deposit with the Registrar-General a duplicate or attested copy of the instrument accompanied by the relevant prescribed fee.

• (1A)

  A power of attorney:

  • (a)

    may be in accordance with the approved form; and

  • (b)

    shall only be registered if:

    • (i)

      the original was printed, typed or completed in ink; and

    • (ii)

      both the original and duplicate or attested copy bear the signature of each party (excluding the signature of the donor of the power if the instrument is signed by direction of the donor) and each witness; and

    • (iii)

      a specimen signature of the donee of the power is contained in the original, except where he or she is specified by reference to a named position; and

    • (v)

      it contains the donor of the power’s full name and an address (which may be a postal address) for the service of notices; and

    • (vi)

      the name and either the contact address or telephone number of each witness is written, typed or stamped below the witness’s signature; and

    • (vii)

      where the original purports to have been signed by a body corporate, it is authenticated by or on behalf of the corporation in a manner permitted by law.

• (2)

  The Registrar-General shall, on receiving a duplicate or attested copy referred to in subregulation (1):

  • (a)

    compare it with the original instrument;

  • (b)

    on being satisfied that it is a true duplicate or attested copy, file it in his office; and

  • (c)

    note thereon the date and hour of its deposit,

  and shall, whenever registering a dealing under the power of attorney in relation to a dealing with land under the Land Title Act 2000, record in the Register a note as to the deposit of the power of attorney.

• (3)

  An instrument revoking a power of attorney shall be in accordance with the approved form and a duplicate or attested copy may be registered, and shall be dealt with by the Registrar-General, in the same manner as a duplicate or attested copy of an instrument creating a power.

5AAProcedure for registration of interstate instrument

• (1)

  A party to an interstate instrument may apply to register the instrument by depositing with the Registrar-General:

  • (a)

    a duplicate or attested copy of the instrument; and

  • (b)

    the prescribed fee.

• (2)

  The Registrar-General must not register the instrument unless the instrument has been certified:

  • (a)

    by an Australian legal practitioner as having been executed or registered in compliance with the laws of the State or Territory in which the instrument was created; or

  • (b)

    by an interstate registering authority as having been registered by the authority.

• (3)

  In this regulation:

  interstate instrument means an instrument mentioned in section 7(1A) of the Act.

  interstate registering authority means an authority with the power under the laws of a State or another Territory to register an instrument creating a power of attorney.

5ARecording and use of common form provisions

• (1)

  A person may lodge with the Registrar-General, and the Registrar‑General may retain, a memorandum in accordance with the approved form containing one or more provisions which are intended for incorporation by reference in instruments subsequently lodged for registration under the Act.

• (2)

  The Registrar-General may himself prepare such a memorandum and retain it.

• (3)

  A memorandum retained by the Registrar-General under subsection (1) or (2) shall be deemed to be registered.

• (4)

  An instrument under the Act may provide that a provision in a memorandum retained under subsection (1) or (2) is incorporated in the instrument, or is incorporated in it subject to specified modifications.

• (5)

  Where a provision is incorporated in an instrument by virtue of subsection (4), the party by or on behalf of whom the incorporation is effected shall, before the instrument is executed, provide the other party or parties with a copy of the provision or, as the case may be, of the provision and the modifications thereof.

  Maximum penalty:          8 penalty units.

• (6)

  A failure to comply with subsection (5) in respect of an instrument does not affect the validity or effect of the instrument.

Division 2Revocation, &c., of general and enduring powers 6Application of Division 2

This Division applies to and in relation to revocation and protection in respect of registered general powers and registered enduring powers.

7Court orders to be served on Registrar‑General

Where:

• (a)

  the Court makes an order on an application under section 15 of the Act; or

• (b)

  a guardianship order is made under the Guardianship of Adults Act 2016;

the applicant for the order shall, within 14 days of its making, serve a copy of the order on the Registrar-General.

8Notice of death

• (1)

  Where a registered power is revoked by:

  • (a)

    the death of the donor of the power – the donee; or

  • (b)

    the death of the donee of the power – the donor,

  shall, within 14 days of his becoming aware of it, serve notice of the death on the Registrar-General, by:

  • (c)

    lodging for registration a notice of revocation of power by death in the approved form; and

  • (d)

    lodging the relevant prescribed fee, if any; and

  • (e)

    providing an original or attested certificate of death for sighting by the Registrar-General or lodgment.

• (2)

  Where the donor or donee of a registered power dies, and the executor, administrator or trustee, as the case may be, of his estate becomes aware of the power, the executor, administrator or trustee shall make due inquiry of the other party to the power, and if that party has not complied with subregulation (1), the executor, administrator or trustee shall, within 14 days of becoming aware of it, serve notice of the death on the Registrar-General, by:

  • (a)

    lodging for registration a notice of revocation of power by death in the approved form; and

  • (b)

    lodging the relevant prescribed fee, if any; and

  • (c)

    providing an original or attested certificate of death for sighting by the Registrar-General or lodgment.

  9Notice of retirement

  The donee of a registered power shall, within 14 days after his retirement, serve notice of his retirement on the Registrar-General.

10Notice of bankruptcy

Where the donor or donee of a registered power becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit, he shall, within 14 days, serve notice of his bankruptcy or insolvency on the Registrar-General.

11Notice of revocation by donor to be lodged

The donor of a registered power shall, within 14 days of his revocation of the power, serve notice of the revocation on the Registrar-General.

Division 3Revocation of power to secure proprietary interest 12Application of Division 3

This Division applies to and in relation to the revocation of registered powers given to secure a proprietary interest of the donee.

13Notice of revocation

For the purposes of a revocation under section 19(2)(a) of the Act, of a registered power granted to secure a proprietary interest of the donee of the power, the donor and donee shall, within 14 days of the revocation of the power, serve notice of the revocation on the Registrar-General.

14Notice of court order to be served on Registrar‑General

For the purposes of a revocation or variation under section 19(2)(c) or (3) of the Act of a registered power granted to secure a proprietary interest of the donee, the applicant shall, within 14 days of the making of an order pursuant to his application by the Court, serve a copy of the order on the Registrar-General.

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Powers of Attorney Regulations (SL No. 66, 1982)
Notified	23 December 1982
Commenced	28 January 1983 (s 2 Powers of Attorney Act 1980 (Act No. 25, 1980) and Gaz S5, 28 January 1983, p 1)
Amendment of the Powers of Attorney Regulations (SL No. 18, 1990)
Notified	11 July 1990
Commenced	11 July 1990
Amendments of Powers of Attorney Regulations (SL No. 22, 1991)
Notified	31 May 1991
Commenced	31 May 1991 (r 1 and Statute Law Revision (Registration of Instruments) Act 1991 (Act No. 12, 1991))
Amendments of Powers of Attorney Regulations (SL No. 65, 1991)
Notified	11 December 1991
Commenced	1 January 1992 (r 1, s 2 Registration Amendment Act 1991 (Act No. 54, 1991) and Gaz G49, 11 December 1991, p 4)
Amendments of Powers of Attorney Regulations (SL No. 31, 1995)
Notified	13 September 1995
Commenced	13 September 1995
Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)
Assent date	12 September 2000
Commenced	1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2, 2000) and Gaz G38, 27 September 2000, p 2)
Powers of Attorney Amendment Regulations 2008 (SL No. 7, 2008)
Notified	23 April 2008
Commenced	1 May 2008 (r 3, s 2 Justice Legislation Amendment Act 2008 (Act No. 2, 2008) and Gaz G17, 30 April 2008, p 5)
Revenue Law Reform (Budget Initiatives) Act 2008 (Act No. 23, 2008)
Assent date	30 June 2008
Commenced	pt 1, ss 3, 12(1), 18 and 19: 1 January 2008; ss 7, 10 and 11(1): 6 May 2008; rem: 1 July 2008 (s 2)
Justice Legislation Amendment Act (No. 2) 2008 (Act No. 27, 2008)
Assent date	17 October 2008
Commenced	pt 2, div 3: 1 January 2006; rem: 17 October 2008 (s 2)
Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)
Assent date	20 May 2010
Commenced	1 July 2010 (Gaz G24, 16 June 2010, p 2)
Advance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013)
Assent date	19 December 2013
Commenced	pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2); rem: 17 March 2014 (Gaz S14, 17 March 2014)
Advance Personal Planning Amendment Act 2016 (Act No. 13, 2016)
Assent date	7 June 2016
Commenced	28 July 2016 (s 2, s 2 Guardianship of Adults Act 2016 (Act No. 15, 2016) and Gaz S74, 27 July 2016, p 1)

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 3, 5 and 7.

• 4

  LIST OF AMENDMENTS

r 3                     amd No. 22, 1991, r 3; No. 31, 1995, r 2; No. 36, 2013, s 139; Act No. 13, 2016, s 35

r 4                     rep No. 65, 1991, r 2

r 5                     sub No. 22, 1991, r 4

amd No. 31, 1995, r 3; Act No. 45, 2000, s 12; No. 7, 2008, r 4; Act No. 23, 2008, s 21; Act No. 27, 2008, s 28

r 5AA                 ins No. 7, 2008, r 5

r 5A                   ins No. 22, 1991, r 4

amd Act No. 27, 2008, s 29; Act No. 12, 2010, s 3

r 7                     amd No. 31, 1995, r 4; No. 36, 2013, s 139; Act No. 13, 2016, s 35

r 8                     amd No. 31, 1995, r 5; Act No. 27, 2008, s 30

r 14                    amd No. 31, 1995, r 6; No. 36, 2013, s 139

sch 1                 amd No. 18, 1990

sub No. 22, 1991, r 5

rep No. 65, 1991, r 3

sch 2                 ins No. 22, 1991, r 5

amd No. 31, 1995, r 7; Act No. 23, 2008, s 21

rep Act No. 27, 2008, s 31