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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Powers of Attorney and Agency (Interstate Powers of
Attorney) Amendment Bill 2012
A BILL FOR
An Act to amend the Powers
of Attorney and Agency Act 1984.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Powers of Attorney
and Agency Act 1984
3Amendment of section 4—Application of this
Act
4Insertion of section
14
14Recognition of enduring
powers of attorney made in other States and Territories
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Powers of Attorney and Agency (Interstate
Powers of Attorney) Amendment Act 2012.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Powers of Attorney and Agency
Act 1984
3—Amendment
of section 4—Application of this Act
Section 4—delete "This Act" and substitute:
Subject to section 14, this Act
After section 13—insert:
14—Recognition of enduring powers of attorney made
in other States and Territories
(1) An interstate
enduring power of attorney has effect in this State as if it were an enduring
power of attorney made under, and in compliance with, this Act, but only insofar
as the powers it gives under the law of the State or Territory in which it was
made could validly have been given by an enduring power of attorney made under
this Act.
(2) An interstate enduring power of attorney to which
subsection (1)
applies—
(a) has effect in this State subject to any limitations on the power that
apply to it under the law of the State or Territory in which it was made;
and
(b) does not operate to confer any power on an attorney in this State that
cannot be conferred on an attorney under an enduring power of attorney made in
this State.
(3)
Subsection (1) does
not apply to a power of attorney of a kind prescribed by regulation.
(4) In any proceedings relating to a power of attorney, a document signed
by a qualified interstate legal practitioner that certifies that an interstate
enduring power of attorney was made in accordance with the formal requirements
of the law of the State or Territory in which it was made is admissible in
evidence in such proceedings and constitutes, in the absence of proof to the
contrary, proof of the matters so certified.
(5) In this section—
interstate enduring power of attorney means a power of
attorney made in another State or a Territory that, under the law of that State
or Territory, has effect in that State or Territory as a valid power of attorney
even if the donor of the power of attorney loses capacity through mental
incapacity after the execution of the instrument creating the power of
attorney;
qualified interstate legal practitioner, in relation to an
interstate enduring power of attorney, means a person—
(a) who has been admitted to legal practice in the State or Territory in
which the power of attorney was made; and
(b) who holds a certificate or other form of authorisation that confers an
authority to practise in that State or Territory that corresponds to the
authority conferred by a practising certificate issued under Part 3 of the
Legal
Practitioners Act 1981; and
(c) who practises in that State or Territory.