Queensland Numbered Acts

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GUARDIANSHIP AND ADMINISTRATION AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 79

Insertion of new ch 9, pt 4

79 Insertion of new ch 9, pt 4

Chapter 9
insert —

Part 4 - Transitional and validation provisions for Guardianship and Administration and Other Legislation Amendment Act 2019

167 Definitions for part In this part—

"amended" , for a provision of this Act, means the provision as amended by the amendment Act.

"amendment Act" means the Guardianship and Administration and Other Legislation Amendment Act 2019 .
168 Existing appointment—eligible attorney (enduring power of attorney)
(1) This section applies in relation to a person who, immediately before the commencement, held an appointment as an attorney for a matter under an enduring power of attorney if—
(a) the person was an eligible attorney for the matter under section 29(1) as in force when the person was appointed; but
(b) the person would not be an eligible attorney for the matter under amended section 29(1).
(2) To remove any doubt, it is declared that amended section 29(1) does not affect the person’s appointment.
169 Existing appointment—eligible attorney (advance health directive)
(1) This section applies in relation to a person who, immediately before the commencement, held an appointment as an attorney for a matter under an advance health directive if—
(a) the person was an eligible attorney for the matter under section 29(2) as in force when the person was appointed; but
(b) the person would not be an eligible attorney for the matter under amended section 29(2).
(2) On the commencement, the advance health directive is revoked to the extent it gives power to the attorney.
170 Existing appointment—more than 4 joint attorneys (enduring power of attorney)
(1) This section applies if, immediately before the commencement, more than 4 persons were joint attorneys for a matter under an enduring power of attorney.
(2) Section 43(3), as inserted by the amendment Act, does not apply to the enduring power of attorney in relation to that matter.
171 Existing certified copy of enduring document
(1) This section applies to a copy of an enduring document certified under section 45 before the commencement as a copy of the enduring document.
(2) Section 45 as in force immediately before the commencement continues to apply to the copy.
172 Application of ss 61A–61D Sections 61A to 61D apply—
(a) in relation to the will of a principal who dies after the commencement; and
(b) regardless of whether the sale, mortgage, charge, disposition of, or other dealing with, property by the attorney happened before or after the commencement.
173 Validation of delegation
(1) This section applies to a delegation of a power by the public trustee of a type described in, and to a person mentioned in, section 160 before the commencement.
(2) The delegation is taken to be, and always to have been, as valid and effective as it would have been if it were made after the commencement of section 160.
174 Enduring documents started
(1) This section applies if, immediately before the commencement, the preparation of an enduring document had been started but not finished.
(2) This Act, as amended by the amendment Act, applies to the preparation of the enduring document.
175 Existing proceedings
(1) This section applies if, immediately before the commencement, a proceeding under this Act had been started but not finished.
(2) The proceeding is to continue as if the amendment Act had not been enacted.



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