Australian Capital Territory
Powers of Attorney Regulation 2007 (repealed)    
SL2007-8
made under the
Powers of Attorney Act 2006
Republication No 2
Effective:  6 September 2007
Republication date: 6 September 2007
As repealed by A2007-22 s 5

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Powers of Attorney Regulation 2007 (repealed), made under the Powers of Attorney Act 2006, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  It also includes any commencement, amendment, repeal or expiry affecting the republished law to 6 September 2007.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Powers of Attorney Regulation 2007 (repealed)
made under the
Powers of Attorney Act 2006
    
Contents
	Page
	1	Name of regulation	2
	3	Modification of Act, ch 20—Act, s 156	2
Schedule 1	Modification of Act, ch 20 (Transitional provisions)	3
Endnotes
	1	About the endnotes	6
	2	Abbreviation key	6
	3	Legislation history	7
	4	Amendment history	7
	5	Earlier republications	8

Australian Capital Territory
Powers of Attorney Regulation 2007 (repealed)     

made under the
Powers of Attorney Act 2006

    

  

 

  

1	Name of regulation
This regulation is the Powers of Attorney Regulation 2007.
3	Modification of Act, ch 20—Act, s 156
The Act, chapter 20 (Transitional provisions) is modified by schedule 1.

Schedule 1	Modification of Act, ch 20 (Transitional provisions)
(see s 3)
[1.1]	New sections 156B to 156M
insert
156B	Authorisation of attorneys
Section 13 heading applies as if it read as follows:
‘13	Appointment of attorneys’.
156C	Authorisation of attorneys
Section 13 applies as if ‘authorise’ were omitted and ‘appoint’ were substituted.
156D	Authorisation of attorneys by name or position
Section 15 applies as if it read as follows:
‘15	Appointment of attorneys by name or position
A principal may appoint a person to act under a power of attorney by—
	(a)	naming the person; or
	(b)	nominating the occupant of a position (however described), at a particular time or from time to time.
Note	The principal may revoke a power of attorney if the principal has decision-making capacity.’.
156E	Who can be a witness?
Section 21 (1) and (2) apply as if ‘authorised’ were omitted and ‘appointed’ substituted.
156F	Certificates by witnesses to powers of attorney
Section 22 (2) (d) applies as if it read as follows:
	‘(d)	at the time the principal gave the direction to sign the power of attorney, the principal appeared to the witness to understand the nature and effect of making the power of attorney.’.
156G	Appointment of 2 or more attorneys
Part 3.3 heading applies as if ‘Appointment’ were omitted and ‘Authorisation’ substituted.
156H	Appointment of 2 or more attorneys under power of attorney
Section 25 heading applies as if ‘Appointment’ were omitted and ‘Authorisation’ substituted.
156I	How does enduring power of attorney operate while principal has capacity?
Section 31 (2) applies as if it read as follows:
	‘(2)	While the principal has decision-making capacity, the power of attorney operates as a general power of attorney in relation to property matters.’.
156J	Obligation of attorneys to keep interested people informed
Section 43 (1) applies as if ‘authorisation’ were omitted and ‘appointment’ were substituted.
156K	Resignation of attorney’s authorisation under power of attorney
Section 53 applies as if ‘authorisation’ were omitted and ‘appointment’ were substituted.
156L	Public trustee to assist if asked
Section 83 heading applies as if it read as follows:
‘83	Assistance by public trustee’.
156M	Public trustee to assist if asked
Section 83 (3) applies as if it read as follows:
	‘(3)	The public trustee may, if asked by the public advocate, assist the public advocate by examining and reporting on the books, accounts or other records of transactions carried out by an attorney for the principal under the enduring power of attorney.’.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Powers of Attorney Regulation 2007 A2007-8
notified LR 3 May 2007
s 1, s 2 commenced 3 May 2007 (LA s 75 (1))
remainder commenced 30 May 2007 (s 2)
as amended by
Powers of Attorney Amendment Regulation 2007 (No 1) SL2007-12 s 5
notified LR 29 May 2007
s 1, s 2 commenced 29 May 2007 (LA s 75 (1))
s 5 commenced 30 May 2007 (s 2)
as repealed by
Justice and Community Safety Legislation Amendment Act 2007 A2007‑22 s 5
notified LR 5 September 2007
s 1, s 2 commenced 5 September 2007 (LA s 75 (1))
s 5 commenced 6 September 2007 (s 2)
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Modification of Act, ch 20 (Transitional provisions)
sch 1	am SL2007-12 s 5

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
30 May 2007	30 May 2007–
5 Sept 2007	SL2007-12	new regulation and amendments by SL2007-12	

©  Australian Capital Territory 2007