Australian Capital Territory Current Acts

POWERS OF ATTORNEY ACT 2006 - SECT 52

    (1)     This section applies if a court considers that—

        (a)     an attorney is, or may be, personally liable for a contravention of this Act; and

        (b)     the attorney has acted honestly and reasonably and ought fairly to be excused for the contravention.

    (2)     The court may relieve the attorney from all or part of the attorney's personal liability for the contravention.

    (3)     If the attorney is an attorney under an enduring power of attorney, in deciding whether the attorney should be relieved of liability, the court must consider the extent to which the attorney has acted consistently with the general principles.

    (4)     In this section:

"court" includes the ACAT.

Note     An enduring power of attorney, or part of the power, may also be revoked by the ACAT.