Tasmanian Numbered Acts

POWERS OF ATTORNEY ACT 2000 (NO. 68 OF 2000)

- Act 68 of 2000
- Royal Assent 14 November 2000

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation

   PART 2 - Administration

   4.      Register of powers of attorney
   5.      Searches of public records
   6.      Copies of register
   7.      Evidence of register when kept in computer
   8.      Power to sell, destroy or otherwise dispose of certain documents

   PART 3 - Powers of Attorney and other instruments

           Division 1 - Formal requirements

   9.      Formal requirements
   10.     Requirements for other instruments

           Division 2 - Registration of powers of attorney, &c.

   11.     Powers of attorney not to be registered except in accordance with this Act
   12.     Lodgment of powers of attorney, &c.
   13.     Authority for lodgment by electronic process
   14.     Lodgment of supporting documents
   15.     Scope of powers of attorney
   16.     Acts under power invalid until power registered
   17.     Death, &c., of donor of power may be registered
   18.     Form of power of attorney

           Division 3 - Effect of powers of attorney

   19.     Application of Division
   20.     Authority conferred by power of attorney
   21.     Nature of authority conferred
   22.     Duration of power of attorney
   23.     Execution under power of attorney
   24.     Effect of power of attorney for value made irrevocable
   25.     Effect of power of attorney irrevocable for fixed period
   26.     Appointment of attorney by class

           Division 4 - Revocation of powers of attorney

   27.     Revocation of power of attorney
   28.     Effect on dealings with attorney in good faith
   29.     Revocation of unregistered power of attorney

   PART 4 - Enduring Powers of Attorney

   30.     Creation and effect of enduring powers of attorney
   31.     Scope of authority, &c., of attorney under enduring power of attorney
   32.     Duties of attorney under enduring power of attorney
   33.     Power of Board to make orders in respect of enduring power of attorney
   34.     Requirements for applications under section 33
   35.     Advice or directions as to enduring power of attorney
   36.     Offence for false or misleading applications
   37.     Contracting out prohibited
   38.     Saving provision

   PART 5 - Special case and Appeals to Supreme Court

   39.     Special case for opinion of Court
   40.     Appeals against decisions of Board

   PART 6 - Foreign Powers of Attorney

   41.     Application of Part
   42.     Recognition of registration in other States and Territories
   43.     Registration of foreign powers of attorney
   44.     Proof of foreign execution or registration
   45.     Registration based on certified copies
   46.     Registration of instruments of variation or revocation
   47.     Enduring powers of attorney made outside Tasmania
   48.     Powers of Board to require production

   PART 7 - Miscellaneous and Supplemental

   49.     Power to have effect as deed
   50.     Execution of power of attorney by direction of donor
   51.     Validity of payment by attorney under power without notice of death, &c.
   52.     Validity of acts done under power after registration of power and before registration of revocation
   53.     Application of sections 51 and 52 to powers of attorney made under repealed Act
   54.     On registration, covenants for production to be inoperative
   55.     Confirmation of acts of attorney sufficient without production of power
   56.     Regulations
   57.     Administration
   58.     Saving for powers of attorney registered under repealed Act
   59.     Repeals
   60.     Powers of Attorney Regulations 1997 rescinded
   61.     Guardianship and Administration Act 1995 amended
   62.     Land Titles Act 1980 amended
           SCHEDULE 1