Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 2 Consequential amendments
(see s 155)
Part 2.1 Guardianship and Management of Property Act 1991
[2.1] Section 7 (1), note
substitute
Note 1 See s 8B in relation to appointment of a guardian for a child.
Note 2 A person's needs may be met, or the person's interests protected, under an enduring power of attorney (see Powers of Attorney Act 2006 ).
insert
8AB Effect on guardian or manager of enduring power of attorney in relation to health care
(1) This section applies if—
(a) a person (the principal ) has made an enduring power of attorney giving power in relation to health care matters; and
(b) the principal has become a person with impaired decision-making capacity; and
(c) the tribunal appoints a guardian for the principal after the making of the power of attorney; and
(d) the tribunal revokes the enduring power of attorney, or part of it.
Note The tribunal may revoke the enduring power of attorney, or part of it, under the Powers of Attorney Act 2006 , s 75 (2) (c).
(2) If the guardian has power to consent to medical treatment for the person, the guardian must consider the terms of the enduring power of attorney before the enduring power of attorney, or part of it, was revoked.
[2.3] Section 33
substitute
33 Need for inquiry
The tribunal must not make an order, whether under this Act or the Powers of Attorney Act 2006 , unless the tribunal has held an inquiry in the relevant matter.
Note The tribunal may make an order without holding an inquiry in some circumstances (see s 67, s 68 and s 68A).
[2.4] New section 35 (1) (i)
insert
(i) if the matter relates to an enduring power of attorney—each attorney under the power of attorney.
[2.5] Section 40 , new note
insert
Note The public trustee must, if asked by the tribunal, assist the tribunal by examining and reporting on the books, accounts or other records of transactions carried out by an attorney for a principal under an enduring power of attorney (see Powers of Attorney Act 2006 , s 83).
[2.6] Section 56 (1) (c)
substitute
(c) for a matter relating to an enduring power of attorney—
(i) who made the application (the relevant application ) in relation to which the order, direction or decision was made; or
(ii) who, with the leave of the tribunal, would have been allowed to be heard on the relevant application; or
(d) in relation to whom the order, direction or decision was made.
[2.7] Section 58
substitute
58 Functions and powers
The tribunal has the functions and powers given to it under this Act and the Powers of Attorney Act 2006 .
Note The power to exercise a function also includes the powers necessary and convenient to exercise the function (see Legislation Act, s 196).
[2.8] Section 66B (1), new note
insert
Note A presidential member of the tribunal may refer a matter, or part of a matter, relating to an enduring power of attorney to the Supreme Court (see Powers of Attorney Act 2006 , s 76).
[2.9] New sections 68A and 68B
insert
68A Emergency orders—enduring powers of attorney
(1) This section applies if the tribunal is satisfied that there are special circumstances of urgency that make it proper to make an order under this section.
(2) The tribunal may make an order under the Powers of Attorney Act 2006 , section 75 (Guardianship tribunal directions etc for enduring powers of attorney) in relation to an enduring power of attorney without holding an inquiry under part 3.
68B Tribunal's power to revoke health direction
(1) This section applies if—
(a) a person has made a health direction under the Medical Treatment (Health Directions) Act 2006 ; and
(b) the person becomes a person with impaired decision-making capacity; and
(c) the tribunal appoints a guardian for the principal after the making of the health direction.
(2) The tribunal may revoke the health direction, or part of it, if the tribunal considers appropriate.
[2.10] Dictionary, new definition of enduring power of attorney
insert
"enduring power of attorney"—see the Powers of Attorney Act 2006 , section 8.
[2.11] Further amendments, mentions of community advocate
omit
community advocate
substitute
public advocate
in
• section 9 (1), (2), (4) and (5)
• section 10 (2) and (3)
• section 32 (3), (4), (5) and (6)
• section 67 (1)
• section 68 (1), (6) (a), (b) and (c) and (7)
• section 70 (2)
Part 2.2 Land Titles Act 1925
substitute
(2) An instrument executed under a power of attorney must not be registered under this Act unless the power of attorney has been registered under the Registration of Deeds Act 1957 .
omit
Part 2.3 Mental Health (Treatment and Care) Act 1994
[2.14] Section 25 (2)
substitute
(2) If the person has an attorney appointed under the Powers of Attorney Act 2006 , the tribunal must also consider consulting the attorney.
[2.15] Section 32 (4) (c)
substitute
(c) if the person has an attorney appointed under the Powers of Attorney Act 2006 —the attorney.
[2.16] Section 36D (3) (b) (ii)
substitute
(ii) if the person has an attorney appointed under the Powers of Attorney Act 2006 —the attorney; and
[2.17] Section 105 (1) (e) and (f)
substitute
(e) if the person has made a power of attorney under the Powers of Attorney Act 2006 —the attorney under the power of attorney; and
[2.18] Section 105 (1) (g) to (k)
renumber as section 105 (1) (f) to (j)
omit
Powers of Attorney Act 1956
substitute
Part 2.4 Registration of Deeds Act 1957
[2.20] Section 3
substitute
3 General register of deeds
The registrar-general must keep a register (the general register of deeds ) in the form the Minister directs.
Part 2.5 Trustee Act 1925
[2.21] Section 67
substitute
67 Power of attorney
A delegation under this part is taken to be a power of attorney under the Powers of Attorney Act 2006 .