Proof of foreign execution or registration
44 Proof of foreign execution or registration
For the purposes of this Part, a certificate of a legal practitioner that – an instrument creating a power of attorney is registered in another State or a Territory; or an instrument creating or revoking a power of attorney was executed in accordance with the law of a specified State or Territory or the law of the place of execution – is evidence of that fact.
A legal practitioner who gives the certificate may be a legal practitioner in Australia or in the other place of execution.
A certificate referred to in subsection (1)(b) is not evidence of the capacity of the donor to create or revoke the power of attorney.
For the purpose of this section – legal practitioner means an Australian lawyer or, in the case of execution or registration of a power of attorney outside Australia, a legal practitioner of that place of execution or registration.
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