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POWERS OF ATTORNEY ACT 2014 - NOTES

Version No. 007

No. 57 of 2014
Version incorporating amendments as at
26 April 2021

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Version No. 007

Powers of Attorney Act 2014

No. 57 of 2014

Version incorporating amendments as at
26 April 2021

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 26 June 2014

Legislative Council: 7 August 2014

The long title for the Bill for this Act was "A Bill for an Act to consolidate certain aspects of the law as to powers of attorney and to otherwise provide for powers of attorney, to provide for matters to do with supportive attorneys, to repeal Parts XI and XIA of the Instruments Act 1958 and Division 5A of Part 4 of the Guardianship and Administration Act 1986, to make related amendments to those and other Acts and for other purposes."

The Powers of Attorney Act 2014 was assented to on 26 August 2014 and came into operation on 1 September 2015: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Powers of Attorney Act 2014 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date:

16.6.15

Commencement Date:

S. 53 on 17.6.15: s. 2(3)

Current State:

This information relates only to the provision/s amending the Powers of Attorney Act 2014

Statute Law Revision Act 2015, No. 21/2015

Assent Date:

16.6.15

Commencement Date:

S. 3(Sch. 1 item 40) on 1.8.15: s. 2(1)

Current State:

This information relates only to the provision/s amending the Powers of Attorney Act 2014

Judicial Entitlements Act 2015, No. 29/2015

Assent Date:

11.8.15

Commencement Date:

S. 73 on 12.8.15: s. 2(1)

Current State:

This information relates only to the provision/s amending the Powers of Attorney Act 2014

Powers of Attorney Amendment Act 2016, No. 64/2016

Assent Date:

15.11.16

Commencement Date:

Ss 415 on 1.5.17: s. 2(2)

Current State:

This information relates only to the provision/s amending the Powers of Attorney Act 2014

Medical Treatment Planning and Decisions Act 2016, No. 69/2016

Assent Date:

29.11.16

Commencement Date:

Ss 150152 on 12.3.18: s. 2(2)

Current State:

This information relates only to the provision/s amending the Powers of Attorney Act 2014

Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017, No. 41/2017

Assent Date:

19.9.17

Commencement Date:

Ss 24, 25 on 1.11.17: s. 2(2)

Current State:

This information relates only to the provision/s amending the Powers of Attorney Act 2014

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:

27.2.18

Commencement Date:

S. 68(Sch. 2 item 97) on 1.3.19: s. 2(2)

Current State:

This information relates only to the provision/s amending the Powers of Attorney Act 2014

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:

4.6.19

Commencement Date:

S. 221(Sch. 1 item 38) on 1.3.20: s. 2(2)

Current State:

This information relates only to the provision/s amending the Powers of Attorney Act 2014

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date:

23.3.21

Commencement Date:

Ss 89104 on 26.4.21: s. 2(2)

Current State:

This information relates only to the provision/s amending the Powers of Attorney Act 2014

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Amendments Not in Operation

This version does not contain amendments that are not yet in operation.


    4     Explanatory details

No entries at date of publication.



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