Recognition of powers under interstate laws
6A Recognition of powers under interstate laws
(1) This section applies to a power regardless of when it is executed.
Subsection (3) applies if:
(a) the power is executed under the law of a State or another Territory (the interstate general power); and
(b) under the law, the interstate general power is revoked if the donor of the power subsequently becomes legally incapable.
(3) The interstate general power is taken to be a general power created under this Act to the extent that the powers it gives could validly have been given by a general power created under this Act.
Subsection (5) applies if:
(a) the power is executed under the law of a State or another Territory (the interstate enduring power); and
(b) under the law, the interstate enduring power is not revoked if the donor of the power subsequently becomes legally incapable; and
(c) the instrument creating the power is not a recognised interstate document under section 88 of the Advance Personal Planning Act 2013.
(5) The interstate enduring power is taken to be an enduring power created under this Act to the extent that the powers it gives could validly have been given by an enduring power created under this Act.
In this section:
general power means a power to which section 16 applies.
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