Tasmanian Bills Clause Notes

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                 CLAUSE NOTES

           AMENDMENT BILL 2013

Clause 1:   Short title
            Provides that the short title of the Act is the
            Guardianship and Administration Amendment
            Act 2013.

Clause 2:   Commencement
            Provides that the Act commences on the day
            on which it receives the Royal Assent

Clause 3:   Principal Act
            Provides that where the term "Principal Act" is
            referred to in this Bill, it is defined to mean the
            Guardianship and Administration Act 1995

Clause 4:   Section 3 amended (Interpretation)
            Inserts a definition of the term "appointer" as
            this term is used in the amendments made by
            this Bill.

Clause 5:   Sections 32AB, 32AC and 32AD inserted

            Section 32AB. Right of enduring
            guardian to information
            Subsection (1) provides that an enduring
            guardian has the right to all the information to
            which the appointer is, or would be but for
            mental incapacity, entitled to have provided, if
            that information is reasonably required for
            them to exercise a power as enduring
            guardian. Subsection (2) provides the enduring
            guardian with a right to obtain a certified copy
            of the will of the appointer if the appointer has



lost capacity. Subsection (3) places a duty on person with custody or control of the information mentioned in (1) or (2) to disclose that information to the enduring guardian. Subsection (4) provides that subsections (1), (2) and (3) are subject to any contrary intention or express limitation contained in the instrument of appointment of enduring guardian. Section 32AC. Transactions that may involve conflict of duty Prohibits an enduring guardian from entering into a "conflict transaction" unless this is specifically authorised in the instrument of appointment. A conflict transaction is a transaction that results in, or may result in, conflict between the duty of the enduring guardian and the appointer and either the interests of the enduring guardian or a relative, business associate or close friend of the enduring guardian or another duty of the enduring guardian. Subsection(3) specifically exempts certain dealings with property held jointly by the donor and the attorney. Section 32AD. Keeping of records, &c. Inserts a requirement that the enduring guardian must keep an accurate record of all dealings and transactions made under the power. When a person ceases to be an enduring guardian, they must either retain the records for 7 years or provide the records to the Board. A person with a proper interest in the matter may apply to the Board to request the enduring guardian to provide the records to the Board. If the enduring guardian fails to



comply with this request they are liable to a fine of 20 penalty units. Clause 6: Section 90B inserted 90B. Transitional provisions consequent on Guardianship and Administration Amendment Act 2013. Outlines whether provisions of this Bill apply to enduring guardianships created before the commencement of this Bill or not. Clause 7: Repeal of Act Is a standard clause in all amending legislation which automatically repeals the amending legislation after the Act commences.




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