Powers of Attorney Act 1980

This section does not affect the application of any other law in force in the Territory in relation to the proof of documents.

The contents of an instrument creating or revoking a power may be proved by means of a copy of the instrument which:

is a reproduction of the original instrument made with a photographic or other device for reproducing documents in facsimile;

and

contains the following certificate or certificates signed by the donor of the power or by a legal practitioner:

a certificate at the end of the copy to the effect that the copy of the instrument is a true and complete copy of the original instrument; and

if the original instrument consists of 2 or more pages, a certificate at the end of each page of the copy of the instrument to the effect that it is a true and complete copy of the corresponding page of the original instrument.

Where a copy of an instrument creating or revoking a power has been made which complies with subsection (2), the contents of the original instrument may also be proved by means of a copy of that copy if the further copy itself complies with that subsection, taking references in it to the original instrument as references to the copy from which the further copy is made.

A person shall not sign a certificate under subsection (2)(b) or

knowing it to be false.

Maximum penalty: 8 penalty units.

Part III Enduring powers of attorney

Note for Part III

Although a new enduring power of attorney cannot be created in the Territory after the commencement of section 8 of the Advance Personal Planning Act 2013, this Part continues to have effect in relation to enduring powers of attorney created in the Territory before that date and to interstate enduring powers recognised under section 6A(4) regardless of when they were created.