1Citation
These Regulations may be cited as the Powers of Attorney
Regulations 1982.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
These Regulations may be cited as the Powers of Attorney
Regulations 1982.
In these Regulations, unless the contrary intention appears:
register means the Register of Powers of Attorney established under regulation 3.
registered power means a power created in an instrument that has been registered under section 7 of the Act and in accordance with these Regulations.
the Act means the Powers of Attorney Act 1980.
(1) The Registrar-General shall keep and maintain a Register of Powers of Attorney.
The register shall include particulars of:
the name of the donor; and
(b) the lodgement number and date of the instrument creating the power,
and where applicable:
(c) the date of the revocation of a power by the operation of section 16 of the Act;
(d) the date of the revocation of a power by the operation of section 17 of the Act;
(e) a guardianship order under the Guardianship of Adults Act 2016;
(f) a court order revoking or varying the terms of an instrument creating a power under section 19(3) of the Act.
(1) Where a party to an instrument creating a power of attorney desires to register it, he shall deposit with the Registrar-General a duplicate or attested copy of the instrument accompanied by the relevant prescribed fee.
A power of attorney:
may be in accordance with the approved form; and
shall only be registered if:
the original was printed, typed or completed in ink; and
(ii) both the original and duplicate or attested copy bear the signature of each party (excluding the signature of the donor of the power if the instrument is signed by direction of the donor) and each witness; and
(iii) a specimen signature of the donee of the power is contained in the original, except where he or she is specified by reference to a named position; and
(v) it contains the donor of the power's full name and an address (which may be a postal address) for the service of notices; and
(vi) the name and either the contact address or telephone number of each witness is written, typed or stamped below the witness's signature; and
(vii) where the original purports to have been signed by a body corporate, it is authenticated by or on behalf of the corporation in a manner permitted by law.
(2) The Registrar-General shall, on receiving a duplicate or attested copy referred to in subregulation (1):
compare it with the original instrument;
(b) on being satisfied that it is a true duplicate or attested copy, file it in his office; and
note thereon the date and hour of its deposit,
and shall, whenever registering a dealing under the power of attorney in relation to a dealing with land under the Land Title Act 2000, record in the Register a note as to the deposit of the power of attorney.
(3) An instrument revoking a power of attorney shall be in accordance with the approved form and a duplicate or attested copy may be registered, and shall be dealt with by the Registrar-General, in the same manner as a duplicate or attested copy of an instrument creating a power.
(1) A party to an interstate instrument may apply to register the instrument by depositing with the Registrar-General:
a duplicate or attested copy of the instrument; and
the prescribed fee.
(2) The Registrar-General must not register the instrument unless the instrument has been certified:
(a) by an Australian legal practitioner as having been executed or registered in compliance with the laws of the State or Territory in which the instrument was created; or
(b) by an interstate registering authority as having been registered by the authority.
In this regulation:
interstate instrument means an instrument mentioned in section 7(1A) of the Act.
interstate registering authority means an authority with the power under the laws of a State or another Territory to register an instrument creating a power of attorney.
A person may lodge with the Registrar-General, and the
Registrar‑General may retain, a memorandum in accordance with the approved form containing one or more provisions which are intended for incorporation by reference in instruments subsequently lodged for registration under the Act.
The Registrar-General may himself prepare such a memorandum and retain it.
A memorandum retained by the Registrar-General under subsection (1) or (2) shall be deemed to be registered.
An instrument under the Act may provide that a provision in a memorandum retained under subsection (1) or (2) is incorporated in the instrument, or is incorporated in it subject to specified modifications.
Where a provision is incorporated in an instrument by virtue of subsection (4), the party by or on behalf of whom the incorporation is effected shall, before the instrument is executed, provide the other party or parties with a copy of the provision or, as the case may be, of the provision and the modifications thereof.
Maximum penalty: 8 penalty units.
A failure to comply with subsection (5) in respect of an instrument does not affect the validity or effect of the instrument.
This Division applies to and in relation to revocation and protection in respect of registered general powers and registered enduring powers.
Where:
the Court makes an order on an application under section 15 of the Act; or
a guardianship order is made under the Guardianship of Adults
Act 2016;
the applicant for the order shall, within 14 days of its making, serve a copy of the order on the Registrar-General.
Where a registered power is revoked by:
the death of the donor of the power – the donee; or
the death of the donee of the power – the donor,
shall, within 14 days of his becoming aware of it, serve notice of the death on the Registrar-General, by:
(c) lodging for registration a notice of revocation of power by death in the approved form; and
lodging the relevant prescribed fee, if any; and
(e) providing an original or attested certificate of death for sighting by the Registrar-General or lodgment.
(2) Where the donor or donee of a registered power dies, and the executor, administrator or trustee, as the case may be, of his estate becomes aware of the power, the executor, administrator or trustee shall make due inquiry of the other party to the power, and if that party has not complied with subregulation (1), the executor, administrator or trustee shall, within 14 days of becoming aware of it, serve notice of the death on the Registrar-General, by:
(a) lodging for registration a notice of revocation of power by death in the approved form; and
lodging the relevant prescribed fee, if any; and
(c) providing an original or attested certificate of death for sighting by the Registrar-General or lodgment.
The donee of a registered power shall, within 14 days after his retirement, serve notice of his retirement on the Registrar-General.
Where the donor or donee of a registered power becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit, he shall, within 14 days, serve notice of his bankruptcy or insolvency on the
Registrar-General.
The donor of a registered power shall, within 14 days of his revocation of the power, serve notice of the revocation on the
Registrar-General.
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