Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) Subject to any provision to the contrary in the instrument creating a power of attorney, the power of attorney operates and continues in force, so far as an act or thing done or suffered under it in good faith is concerned, until notice of the death of the donor of the power of attorney, or notice of some other revocation of the power of attorney, is received by the donee under the power of attorney.
(2) An act or thing within the scope of a power of attorney done or suffered by the donee under the power of attorney in good faith after the death of the donor of the power of attorney or after the power of attorney has been otherwise revoked, but before notice of the death of the donor or of the other revocation of the power of attorney is received by the donee, is in every respect as effectual in law as if the donor had not died or the power of attorney had not been otherwise revoked.
(3) Where at the time at which, or at any time after, the donee under a power of attorney does or suffers any act or thing under the power of attorney, the donee makes a statutory declaration stating—
(a) that he or she is the attorney named in the power of attorney by virtue of which he or she has done or suffered the act or thing; and
(b) that, at the time when he or she did or suffered the act or thing, he or she had not received notice of the revocation of the power of attorney by the death, mental incapacity, bankruptcy, act of donor of the power of attorney or otherwise;
the statutory declaration is, in favour of a person dealing with the donee in good faith, for valuable consideration and without notice of the death of the donor or of any other revocation of the power of attorney, conclusive that the power of attorney had not been revoked at the time when the act or thing was so done or suffered.
(4) Where a donee under a power of attorney is a body corporate—
(a) the statutory declaration may be made by an officer of the body corporate appointed for the purpose by the board of directors, council or other governing body of the body corporate either generally or in a particular instance; and
(b) if the statutory declaration contains, in addition to the matters specified in subsection (3), a statement that the declarant is an officer of the body corporate appointed for the purpose of making the declaration–the statutory declaration is, in favour of a person dealing with the donee in good faith for valuable consideration and without notice that the declarant is not an officer of the body corporate duly appointed for the purpose of making the declaration, conclusive that the declarant is such an officer.
(5) Where an instrument that is made, or purports to be made, after the commencement of this Act in exercise of a power of attorney contains a statement by the donee that, at the time the instrument is made, the donee has not received notice of the revocation of the power of attorney, that statement is, in favour of all persons dealing with the donee in good faith, for valuable consideration and without notice of the death of the donor of the power of attorney or of any other revocation of the power of attorney, conclusive that the power of attorney had not been revoked at that time.
(6) An instrument may contain the statement referred to in subsection (5) in the body of the instrument or in a memorandum endorsed on the instrument, being a memorandum that, at the time the instrument is made—
(a) is signed by the donee under the power of attorney in the presence of a witness; and
(b) is attested by that witness; and
(c) states the date on which, and the place at which, the memorandum is so signed and attested.
(7) A person shall not execute, in pursuance of a power of attorney, an instrument that contains a statement that that person has not received notice of the revocation of the power of attorney when, in fact, the person knows that the power of attorney has been revoked.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(8) A person shall not, in a memorandum endorsed on an instrument executed by him or her in pursuance of a power of attorney, make a statement which he or she knows to be untrue.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(9) This section applies in relation to powers of attorney—
(a) executed in or out of the Territory; or
(b) executed before or after the commencement of this Act.
(10) In this section:
"revocation", in relation to a power of attorney, means the determination of the power of attorney otherwise than by the expiration of a fixed period of time.