POWERS OF ATTORNEY REGULATIONS 1982

NORTHERN TERRITORY OF AUSTRALIA POWERS OF ATTORNEY REGULATIONS 1982 As in force at 28 July 2016 Table of provisions Part I Preliminary 1 Citation ............................................................................................ 1 2 Definitions ........................................................................................ 1 3 Establishment of Register ................................................................ 1 Part II Procedure, &c. Division 1 Procedure 5 Procedure for registration of local instrument .................................. 2 5AA Procedure for registration of interstate instrument ........................... 3 5A Recording and use of common form provisions............................... 4 Division 2 Revocation, &c., of general and enduring powers 6 Application of Division 2 .................................................................. 4 7 Court orders to be served on Registrar-General.............................. 4 8 Notice of death ................................................................................ 5 9 Notice of retirement ......................................................................... 5 10 Notice of bankruptcy ........................................................................ 5 11 Notice of revocation by donor to be lodged ..................................... 6 Division 3 Revocation of power to secure proprietary interest 12 Application of Division 3 .................................................................. 6 13 Notice of revocation ......................................................................... 6 14 Notice of court order to be served on Registrar-General ................. 6 ENDNOTES -- 1 of 10 -- -- 2 of 10 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 28 July 2016 ____________________ POWERS OF ATTORNEY REGULATIONS 1982 Regulations under the Powers of Attorney Act 1980 Part I Preliminary 1 Citation These Regulations may be cited as the Powers of Attorney Regulations 1982. 2 Definitions In these Regulations, unless the contrary intention appears: register means the Register of Powers of Attorney established under regulation 3. registered power means a power created in an instrument that has been registered under section 7 of the Act and in accordance with these Regulations. the Act means the Powers of Attorney Act 1980. 3 Establishment of Register (1) The Registrar-General shall keep and maintain a Register of Powers of Attorney. (2) The register shall include particulars of: (a) the name of the donor; and (b) the lodgement number and date of the instrument creating the power, and where applicable: (c) the date of the revocation of a power by the operation of section 16 of the Act; -- 3 of 10 -- Part II Procedure, &c. Division 1 Procedure Powers of Attorney Regulations 1982 2 (d) the date of the revocation of a power by the operation of section 17 of the Act; (e) a guardianship order under the Guardianship of Adults Act 2016; (f) a court order revoking or varying the terms of an instrument creating a power under section 19(3) of the Act. Part II Procedure, &c. Division 1 Procedure 5 Procedure for registration of local instrument (1) Where a party to an instrument creating a power of attorney desires to register it, he shall deposit with the Registrar-General a duplicate or attested copy of the instrument accompanied by the relevant prescribed fee. (1A) A power of attorney: (a) may be in accordance with the approved form; and (b) shall only be registered if: (i) the original was printed, typed or completed in ink; and (ii) both the original and duplicate or attested copy bear the signature of each party (excluding the signature of the donor of the power if the instrument is signed by direction of the donor) and each witness; and (iii) a specimen signature of the donee of the power is contained in the original, except where he or she is specified by reference to a named position; and (v) it contains the donor of the power's full name and an address (which may be a postal address) for the service of notices; and (vi) the name and either the contact address or telephone number of each witness is written, typed or stamped below the witness's signature; and (vii) where the original purports to have been signed by a body corporate, it is authenticated by or on behalf of the corporation in a manner permitted by law. -- 4 of 10 -- Part II Procedure, &c. Division 1 Procedure Powers of Attorney Regulations 1982 3 (2) The Registrar-General shall, on receiving a duplicate or attested copy referred to in subregulation (1): (a) compare it with the original instrument; (b) on being satisfied that it is a true duplicate or attested copy, file it in his office; and (c) note thereon the date and hour of its deposit, and shall, whenever registering a dealing under the power of attorney in relation to a dealing with land under the Land Title Act 2000, record in the Register a note as to the deposit of the power of attorney. (3) An instrument revoking a power of attorney shall be in accordance with the approved form and a duplicate or attested copy may be registered, and shall be dealt with by the Registrar-General, in the same manner as a duplicate or attested copy of an instrument creating a power. 5AA Procedure for registration of interstate instrument (1) A party to an interstate instrument may apply to register the instrument by depositing with the Registrar-General: (a) a duplicate or attested copy of the instrument; and (b) the prescribed fee. (2) The Registrar-General must not register the instrument unless the instrument has been certified: (a) by an Australian legal practitioner as having been executed or registered in compliance with the laws of the State or Territory in which the instrument was created; or (b) by an interstate registering authority as having been registered by the authority. (3) In this regulation: interstate instrument means an instrument mentioned in section 7(1A) of the Act. interstate registering authority means an authority with the power under the laws of a State or another Territory to register an instrument creating a power of attorney. -- 5 of 10 -- Part II Procedure, &c. Division 2 Revocation, &c., of general and enduring powers Powers of Attorney Regulations 1982 4 5A Recording and use of common form provisions (1) A person may lodge with the Registrar-General, and the Registrar-General may retain, a memorandum in accordance with the approved form containing one or more provisions which are intended for incorporation by reference in instruments subsequently lodged for registration under the Act. (2) The Registrar-General may himself prepare such a memorandum and retain it. (3) A memorandum retained by the Registrar-General under subsection (1) or (2) shall be deemed to be registered. (4) An instrument under the Act may provide that a provision in a memorandum retained under subsection (1) or (2) is incorporated in the instrument, or is incorporated in it subject to specified modifications. (5) Where a provision is incorporated in an instrument by virtue of subsection (4), the party by or on behalf of whom the incorporation is effected shall, before the instrument is executed, provide the other party or parties with a copy of the provision or, as the case may be, of the provision and the modifications thereof. Maximum penalty: 8 penalty units. (6) A failure to comply with subsection (5) in respect of an instrument does not affect the validity or effect of the instrument. Division 2 Revocation, &c., of general and enduring powers 6 Application of Division 2 This Division applies to and in relation to revocation and protection in respect of registered general powers and registered enduring powers. 7 Court orders to be served on Registrar-General Where: (a) the Court makes an order on an application under section 15 of the Act; or (b) a guardianship order is made under the Guardianship of Adults Act 2016; the applicant for the order shall, within 14 days of its making, serve a copy of the order on the Registrar-General. -- 6 of 10 -- Part II Procedure, &c. Division 2 Revocation, &c., of general and enduring powers Powers of Attorney Regulations 1982 5 8 Notice of death (1) Where a registered power is revoked by: (a) the death of the donor of the power – the donee; or (b) the death of the donee of the power – the donor, shall, within 14 days of his becoming aware of it, serve notice of the death on the Registrar-General, by: (c) lodging for registration a notice of revocation of power by death in the approved form; and (d) lodging the relevant prescribed fee, if any; and (e) providing an original or attested certificate of death for sighting by the Registrar-General or lodgment. (2) Where the donor or donee of a registered power dies, and the executor, administrator or trustee, as the case may be, of his estate becomes aware of the power, the executor, administrator or trustee shall make due inquiry of the other party to the power, and if that party has not complied with subregulation (1), the executor, administrator or trustee shall, within 14 days of becoming aware of it, serve notice of the death on the Registrar-General, by: (a) lodging for registration a notice of revocation of power by death in the approved form; and (b) lodging the relevant prescribed fee, if any; and (c) providing an original or attested certificate of death for sighting by the Registrar-General or lodgment. 9 Notice of retirement The donee of a registered power shall, within 14 days after his retirement, serve notice of his retirement on the Registrar-General. 10 Notice of bankruptcy Where the donor or donee of a registered power becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit, he shall, within 14 days, serve notice of his bankruptcy or insolvency on the Registrar-General. -- 7 of 10 -- Part II Procedure, &c. Division 3 Revocation of power to secure proprietary interest Powers of Attorney Regulations 1982 6 11 Notice of revocation by donor to be lodged The donor of a registered power shall, within 14 days of his revocation of the power, serve notice of the revocation on the Registrar-General. Division 3 Revocation of power to secure proprietary interest 12 Application of Division 3 This Division applies to and in relation to the revocation of registered powers given to secure a proprietary interest of the donee. 13 Notice of revocation For the purposes of a revocation under section 19(2)(a) of the Act, of a registered power granted to secure a proprietary interest of the donee of the power, the donor and donee shall, within 14 days of the revocation of the power, serve notice of the revocation on the Registrar-General. 14 Notice of court order to be served on Registrar-General For the purposes of a revocation or variation under section 19(2)(c) or (3) of the Act of a registered power granted to secure a proprietary interest of the donee, the applicant shall, within 14 days of the making of an order pursuant to his application by the Court, serve a copy of the order on the Registrar-General. -- 8 of 10 -- ENDNOTES Powers of Attorney Regulations 1982 7 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Powers of Attorney Regulations (SL No. 66, 1982) Notified 23 December 1982 Commenced 28 January 1983 (s 2 Powers of Attorney Act 1980 (Act No. 25, 1980) and Gaz S5, 28 January 1983, p 1) Amendment of the Powers of Attorney Regulations (SL No. 18, 1990) Notified 11 July 1990 Commenced 11 July 1990 Amendments of Powers of Attorney Regulations (SL No. 22, 1991) Notified 31 May 1991 Commenced 31 May 1991 (r 1 and Statute Law Revision (Registration of Instruments) Act 1991 (Act No. 12, 1991)) Amendments of Powers of Attorney Regulations (SL No. 65, 1991) Notified 11 December 1991 Commenced 1 January 1992 (r 1, s 2 Registration Amendment Act 1991 (Act No. 54, 1991) and Gaz G49, 11 December 1991, p 4) Amendments of Powers of Attorney Regulations (SL No. 31, 1995) Notified 13 September 1995 Commenced 13 September 1995 Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000) Assent date 12 September 2000 Commenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2, 2000) and Gaz G38, 27 September 2000, p 2) Powers of Attorney Amendment Regulations 2008 (SL No. 7, 2008) Notified 23 April 2008 Commenced 1 May 2008 (r 3, s 2 Justice Legislation Amendment Act 2008 (Act No. 2, 2008) and Gaz G17, 30 April 2008, p 5) -- 9 of 10 -- ENDNOTES Powers of Attorney Regulations 1982 8 Revenue Law Reform (Budget Initiatives) Act 2008 (Act No. 23, 2008) Assent date 30 June 2008 Commenced pt 1, ss 3, 12(1), 18 and 19: 1 January 2008; ss 7, 10 and 11(1): 6 May 2008; rem: 1 July 2008 (s 2) Justice Legislation Amendment Act (No. 2) 2008 (Act No. 27, 2008) Assent date 17 October 2008 Commenced pt 2, div 3: 1 January 2006; rem: 17 October 2008 (s 2) Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010) Assent date 20 May 2010 Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2) Advance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013) Assent date 19 December 2013 Commenced pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2); rem: 17 March 2014 (Gaz S14, 17 March 2014) Advance Personal Planning Amendment Act 2016 (Act No. 13, 2016) Assent date 7 June 2016 Commenced 28 July 2016 (s 2, s 2 Guardianship of Adults Act 2016 (Act No. 15, 2016) and Gaz S74, 27 July 2016, p 1) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 3, 5 and 7. 4 LIST OF AMENDMENTS r 3 amd No. 22, 1991, r 3; No. 31, 1995, r 2; No. 36, 2013, s 139; Act No. 13, 2016, s 35 r 4 rep No. 65, 1991, r 2 r 5 sub No. 22, 1991, r 4 amd No. 31, 1995, r 3; Act No. 45, 2000, s 12; No. 7, 2008, r 4; Act No. 23, 2008, s 21; Act No. 27, 2008, s 28 r 5AA ins No. 7, 2008, r 5 r 5A ins No. 22, 1991, r 4 amd Act No. 27, 2008, s 29; Act No. 12, 2010, s 3 r 7 amd No. 31, 1995, r 4; No. 36, 2013, s 139; Act No. 13, 2016, s 35 r 8 amd No. 31, 1995, r 5; Act No. 27, 2008, s 30 r 14 amd No. 31, 1995, r 6; No. 36, 2013, s 139 sch 1 amd No. 18, 1990 sub No. 22, 1991, r 5 rep No. 65, 1991, r 3 sch 2 ins No. 22, 1991, r 5 amd No. 31, 1995, r 7; Act No. 23, 2008, s 21 rep Act No. 27, 2008, s 31 -- 10 of 10 --