Australian Capital Territory Numbered Acts

POWERS OF ATTORNEY (AMENDMENT) ACT 1992 (NO. 5 OF 1992) - SECT 4

4. (1) After section 3 of the Principal Act the following sections are inserted:

“3AA. A general power of attorney may be created by instrument in or to the effect of Form 1 in the Schedule.

“3AB. A donor under a power of attorney may appoint 2 or more donees in any one or more of the following ways:

        (a)     by appointing the donees jointly or severally, or both jointly and severally;

        (b)     by appointing 2 or more of the donees (being a number less than the total number of donees) to act jointly or severally, or both jointly and severally; and

        (c)     by appointing different donees to act in different circumstances, upon the occurrence of different events or in respect of different property.

“3AC. (1) Subject to this section, a power of attorney confers on—

        (a)     the donee; or

        (b)     if there are 2 or more donees—on the donees acting jointly or severally, as the case requires;

authority to do on behalf of the donor anything the donor may lawfully do by an attorney.

“(2) A power of attorney does not operate to confer—

        (a)     authority to exercise any power or to perform any duty or function conferred or imposed on the donor as a trustee or personal representative; or

        (b)     unless the instrument creating it expressly so provides—power to execute a conveyance or other instrument, or to do any other act, by which a benefit would be conferred on the donee.

“(3) The donee under a power of attorney may appoint a substitute, delegate or sub-attorney unless the instrument creating the power expressly prohibits the donee from doing so, but a donee may not make such an appointment irrevocably unless expressly authorised by the instrument to do so.

“(4) A power of attorney may specify conditions or limitations to which the authority conferred by it is to be subject, and such a power of attorney has effect accordingly.

“3AD. An instrument in or to the effect of Form 1 or 2 in the Schedule, notwithstanding that it is not expressed to be executed under seal, shall for all purposes be taken to be, and have effect as, a deed.”.

(2) Section 3AA of the Principal Act as amended by this Act shall be deemed to have commenced on 24 December 1956.