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POWERS OF ATTORNEY ACT 1998 - SECT 31
Meaning of eligible witness
(1) An
"eligible witness" , for a document, is a person who— (a) except for a
document revoking an advance health directive—is a justice, commissioner for
declarations, notary public or lawyer; and Note—
"justice" means a justice of the peace—see the Acts Interpretation Act 1954
, schedule 1 .
"lawyer" means an Australian lawyer within the meaning of the
Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1
.
(b) is not the person signing the document for the principal; and
(c) is
not an attorney of the principal; and
(d) is not a relation of the principal
or a relation of an attorney of the principal; and
(e) if the document gives
power for a personal matter—is not a paid carer or health provider of the
principal; and
(f) for an advance health directive—is not a beneficiary
under the principal’s will.
(2) To avoid any doubt, it is declared that a
person is not excluded from being an eligible witness merely because the
person is an attorney’s employee who is the witness for the document while
acting in the ordinary course of employment.
(3) In this section—
"attorney" , for a document, means— (a) a person who is an attorney of the
principal whether under the document or otherwise; or
(b) if the document is
all or part of an enduring document—a person who will be an attorney of the
principal under the enduring document.
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