South Australian Current Acts

ADVANCE CARE DIRECTIVES ACT 2013 - SECT 33

33—Advance care directives from other jurisdictions

        (1)         The Governor may, by regulation, declare a class of instruments made under a corresponding law to be an "interstate advance care directive .

        (2)         Subject to this section—

            (a)         for the purposes of the laws of this State, an interstate advance care directive has effect as if it were an advance care directive given under this Act; and

            (b)         this Act (other than Part 3) applies to an interstate advance care directive as if it were an advance care directive given under this Act; and

            (c)         the powers and responsibilities of a substitute decision-maker under the interstate advance care directive will be determined in accordance with the corresponding law under which the interstate advance care directive was given.

        (3)         For the purposes of this Act, a provision of an interstate advance care directive of a kind contemplated by section 6, 12(1) or 13 will be taken to be void and of no effect (whether or not the provision was able to be included in the interstate advance care directive in the jurisdiction in which it was made).

        (4)         In this section—

"corresponding law" means a law of the Commonwealth, or of another State or Territory, that is declared by the regulations to be a corresponding law for the purposes of this section.