Victorian Numbered Acts

POWERS OF ATTORNEY ACT 2014 (NO. 57 OF 2014) - SECT 135

    (1)     A person must not dishonestly obtain an enduring power of attorney—

        (a)     to obtain financial advantage for the person or another person; or

        (b)     to cause loss to the principal or another person.

Penalty:     In the case of a natural person, level 6 imprisonment (5 years maximum) or 600 penalty units or both;

In the case of a body corporate, 2400 penalty units.

    (2)     A person must not dishonestly obtain the revocation of an enduring power of attorney—

        (a)     to obtain financial advantage for the person or another person; or

        (b)     to cause loss to the principal or another person.

Penalty:     In the case of a natural person, level 6 imprisonment (5 years maximum) or 600 penalty units or both;

In the case of a body corporate, 2400 penalty units.

    (3)     An attorney under an enduring power of attorney must not dishonestly use the enduring power of attorney—

        (a)     to obtain financial advantage for the attorney or another person; or

        (b)     to cause loss to the principal or another person.

Penalty:     In the case of a natural person, level 6 imprisonment (5 years maximum) or 600 penalty units or both;

In the case of a body corporate, 2400 penalty units.

    (4)     In this section a reference to an enduring power of attorney includes a reference to an enduring power of attorney that is invalid or has been revoked.

Notes

1     The offences under this section are indictable offences that may be heard summarily.

2     Section 137 applies to an offence against subsection (1), (2) or (3).