Definitions—ch 6
70 Definitions—ch 6
In this chapter:
invalidity, of a power of attorney—
means invalidity because—
the power of attorney purports to have been made under the law of a State or Territory and does not comply with the requirements of that law; or
the person making the power of attorney could not make the power of attorney at the time the person purported to make it; or
the power of attorney has been revoked, either completely or in relation to the person purporting to exercise power under the power of attorney; and
includes invalidity of the power of attorney for any other reason.
Example—par (a) (ii)
A person purports to make a power of attorney but a guardian has been appointed for the person and the ACAT has not approved the provisions of the power (see s 14 (4)).
invalidity, of a power under a power of attorney—
means invalidity because the power is not exercisable at the time it is purportedly exercised; and
includes invalidity of the power for any other reason.
know, of the invalidity of a power of attorney or a power under a power of attorney, includes—
know of the happening of an event that invalidates the power of attorney or power; or
have reason to believe the power of attorney or power is invalid.
power of attorney includes a document purporting to be a power of attorney.
This Act’s bill:Explanatory statementSecond reading speech
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