Powers of Attorney Act 2000 (Tas)

Powers of Attorney Act 2000

An Act to provide for the registration of powers of attorney [Royal Assent 14 November 2000]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Powers of Attorney Act 2000 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation (1) In this Act, unless the contrary intention appears – attorney means a person to whom a power of attorney is given; certified copy, in the case of a power of attorney or print-out, means a copy of that power of attorney as registered or print-out that – (a) is certified by the Recorder to be a copy of the power of attorney or print-out; or (b) in the case of a copy created by a facsimile or electronic transmission process, has recorded on it by that process an indication that the transmission creating the copy was initiated in an office of the Recorder and a record of the time and date of the transmission; close relative, in relation to a person, means – (a) a spouse of the person; and (b) a parent of the person; and (c) a person who has one or both parents in common with the person; and (d) a child of the person; and (e) a child of, or a parent of, the spouse of the person; and (f) a grandparent of the person; and (g) an aunt or uncle of the person; computer means any device for storing or processing information; Court means the Supreme Court; donor means a person who grants a power of attorney; enduring power of attorney means an enduring power of attorney created under section 30 ; instrument includes registration application; machine copy, in relation to a document that is a power of attorney, means a copy of the document made by – (a) a machine in which, or a process by which, a latent image of the contents of the document is produced from surface contact with the document or by the use of photosensitive material other than transparent photographic film; or (b) the electrostatic process known as Xerography or any similar process; photocopying process, in the case of a copy of a power of attorney, means the process of making a photographic copy or machine copy of the power of attorney; photographic copy, in the case of a power of attorney, means a print made from a transparency of the power of attorney; prescribed, in relation to a fee, means prescribed in Schedule 2 ; print-out, in the case of a computer, means the output of that computer produced in a form that can be understood by sight; Recorder means the Recorder of Titles; register means the register of powers of attorney kept under section 4 ; registration application means a registration application in accordance with form 5 ; repealed Act means the Powers of Attorney Act 1934 ; spouse, in relation to a person, means a person – (a) who is married to the person; or (b) who is a party to a significant relationship, within the meaning of the Relationships Act 2003 , with the person, which relationship is registered under that Act; or (c) who is a party to a significant relationship, within the meaning of the Relationships Act 2003 , with the person, which relationship has been in existence for a continuous period of at least 2 years; transparency, in relation to a document that is a power of attorney, means – (a) a developed negative or positive photograph of that document (in this definition referred to as an original photograph) made on a transparent base by means of light reflected from, or transmitted through, the document; or (b) a copy of an original photograph made by the use of photosensitive material on a transparent base placed in surface contact with the original photograph; or (c) any one of a series of copies of an original photograph, the first of the series being made by the use of photosensitive material on a transparent base placed in surface contact with a copy referred to in paragraph (b) , and each succeeding copy in the series being made in the same manner from any preceding copy in the series; Tribunal means the Tasmanian Civil and Administrative Tribunal. (2) In this Act, a reference to a form is a reference to a form specified in Schedule 1 .