Queensland Consolidated Acts

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POWERS OF ATTORNEY ACT 1998 - SECT 24A

Definitions for part

24A Definitions for part

In this part—

"accepted method" , for electronically signing a general power of attorney, means—

(a) a method prescribed under section 24G ; or
(b) if no method is prescribed, and subject to a regulation prescribing under section 24G a method that is not an accepted method for electronically signing a general power of attorney, a method that—
(i) identifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and
(ii) is either—
(A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or
(B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.

"business"
(a) means—
(i) a corporation; or
(ii) a partnership under the Partnership Act 1891 , section 5 ; or
(iii) another unincorporated association; but
(b) does not include an enterprise carried on by a sole trader.

"corporation" includes—
(a) a corporation under the Corporations Act , section 57A ; and
(b) a corporation sole; and
(c) a statutory corporation.

"counterpart" , for a document, see section 24B .

"document" ...

"electronically sign" , a document, means sign the document using an accepted method.

"electronic document" ...

"general power of attorney" means a general power of attorney made under this Act.

"information" includes information in the form of data, text or images.

"make" , in relation to a document, includes execute.

"physical document" means a document other than an electronic document.

"seal" , of a corporation, includes a common seal of the corporation.

"sign" , a document, means—
(a) for a physical document—physically sign the document; or
(b) for an electronic document—electronically sign the document.

"statutory corporation" means an entity established, incorporated or registered under an Act of the Commonwealth or a State, that is not a corporation registered under the Corporations Act .

"witness" , a document, includes witness the signing of the document.



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