Australian Capital Territory Numbered Acts

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POWERS OF ATTORNEY ACT 2006 (NO. 50 OF 2006) - SECT 76

Reference of power of attorney matters to Supreme Court

    (1)     This section applies in relation to an application to the guardianship tribunal under section 75 (2).

    (2)     A presidential member of the guardianship tribunal may refer the matter, or part of the matter, to the Supreme Court.

    (3)     In deciding whether to refer a matter to the Supreme Court, the presidential member of the guardianship tribunal—

        (a)     must take into consideration the following matters:

              (i)     whether the matter relates to the effect of the enduring power of attorney on people other than the attorney or principal;

              (ii)     whether the matter is likely to raise for consideration complex or novel legal issues that the Supreme Court is better suited to decide; and

        (b)     may take into consideration anything else the presidential member considers relevant.

    (4)     In this section:

"presidential member"—see the Guardianship and Management of Property Act 1991 , dictionary.



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