New South Wales Consolidated Acts

POWERS OF ATTORNEY ACT 2003 - SECT 3

3 Definitions

(cf 1919 No 6, ss 7 (1) and 158 (1) and (2))

(1) In this Act--

"assurance" includes a conveyance and a disposition made otherwise than by will.

"attorney" , in relation to a power of attorney, means a person to whom the power is given.

"bankruptcy" means any act or proceeding in law having effects or results similar to those of bankruptcy, and includes the winding up of a company under the Corporations Act 2001 of the Commonwealth.

"conveyance" includes any assignment, appointment, lease, settlement or other assurance by deed of any property.

"dealing" has the same meaning as it has in the Real Property Act 1900 .

"deed" , in relation to land under the provisions of the Real Property Act 1900 , includes a dealing having the effect of a deed under that Act.

"disposition" includes--

(a) a conveyance, and

(b) an acknowledgment under section 83 of the Probate and Administration Act 1898 , and

(c) a vesting instrument, declaration of trust, disclaimer, release and every other assurance of property by any instrument except a will, and

(d) a release, devise, bequest or an appointment of property contained in a will.

"enduring power of attorney" --see section 19 (1).

"exercise" a function includes perform a duty.

"function" includes a power, authority or duty.

"incommunicate" --see section 4.

"instrument" includes a deed.

"irrevocable power of attorney" --see section 15.

"prescribed power of attorney" --see section 8.

"principal" , in relation to a power of attorney, means the person giving the power.

"property" includes--

(a) real and personal property, and

(b) any estate or interest in any real or personal property, and

(c) any debt, thing in action or other right or interest.

"registered" means registered as referred to in section 51.

"review tribunal" --see section 26.

"third party" , in relation to a power of attorney, means a person other than the principal or an attorney on which a power is conferred by the power of attorney.

"vacancy" in office of an attorney--see section 5.

"valuable consideration" includes marriage but does not include a nominal consideration, even if it has some value.

"will" includes codicil.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) A power of attorney does not become a different power of attorney if an attorney appointed by the power is lawfully replaced by a different attorney, the exercise of a power conferred by it is lawfully delegated or a sub-attorney is lawfully appointed to exercise a power under it.

(3) A reference in this Act to a
"suspended" power of attorney is a reference to a power of attorney that is--

(a) suspended or restricted in operation by reason of mental incapacity of the principal occurring after the execution of the instrument creating the power, or

(b) suspended by operation of section 50.

(4) Notes included in this Act do not form part of this Act.

Note : For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings drawing attention ("cf") to equivalent or comparable (though not necessarily identical) provisions of other Acts. Abbreviations in the notes include--

1919 No 6: Conveyancing Act 1919 (as in force immediately before the enactment of this Act),

1983 No 179: Protected Estates Act 1983 (as in force immediately before the enactment of this Act).