s 63
In forceReference of power of attorney matters to Supreme Court
Part 3Powers of attorney and ACAT
63 Reference of power of attorney matters to Supreme Court
(1)
This section applies in relation to an application to the ACAT under section 62.
(2)
The ACAT may refer the matter, or part of the matter, to the Supreme Court.
(3)
In deciding whether to refer a matter to the Supreme Court, the ACAT—
(a)
must take into consideration the following matters:
(i)
whether the matter relates to the effect of the enduring power of attorney on people other than the attorney or principal;
(ii)
whether the matter is likely to raise for consideration complex or novel legal issues that the Supreme Court is better suited to decide; and
(b)
may take into consideration anything else the ACAT considers relevant.
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