Proof of non-enduring power of attorney
16 Proof of non-enduring power of attorney
A non-enduring power of attorney may be proved by a copy of the instrument creating the power that is certified as provided for in this section.
Each page, other than the last page, of the copy must be certified to the effect that the copy of that page is a true and complete copy of the corresponding page of the original instrument.
The last page of the copy must be certified to the effect that the copy of the instrument is a true and complete copy of the original instrument.
Certification must be by one of the following persons—
an Australian legal practitioner;
a financial services licensee;
a justice of the peace;
a public notary;
S. 16(4)(e) amended by No. 6/2018 s. 68(Sch. 2 item 97.1).
any other person authorised by law to administer an oath or affirmation;
a person of a prescribed class.
If a copy of an instrument creating a non-enduring power of attorney has been certified as provided for in this section, the non-enduring power of attorney may also be proved by a copy of the certified copy of the instrument, if the later copy is also certified as provided for in this section.
In this section—
S. 16(6) def. of justice of the peace amended by No. 29/2015 s. 73.
justice of the peace means a person appointed as a justice of the peace under the Honorary Justices Act 2014;
public notary has the same meaning as in the Public Notaries Act 2001.
This Act’s bill:Explanatory memorandumSecond reading speech
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