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Table Of Contents

Contents (2000 - 68)

Powers of Attorney Act 2000

Status information

Long Title

Part 1 - Preliminary

1. Short title

2. Commencement

3. Interpretation

Part 2 - Administration

4. Register of powers of attorney

5. Searches of public records

6. Copies of register

7. Repealed

8. Power to sell, destroy or otherwise dispose of certain documents

Part 3 - Powers of Attorney and other instruments

Division 1 - Formal requirements

9. Formal requirements

10. Requirements for other instruments

Division 2 - Registration of powers of attorney, &c.

11. Powers of attorney not to be registered except in accordance with this Act

12. Lodgment of powers of attorney, &c.

13. Authority for lodgment by electronic process

14. Lodgment of supporting documents

15. Scope of powers of attorney

16. Acts under power invalid until power registered

17. Death, &c., of donor of power may be registered

18. Form of power of attorney

Division 3 - Effect of powers of attorney

19. Application of Division

20. Authority conferred by power of attorney

21. Nature of authority conferred

22. Duration of power of attorney

23. Execution under power of attorney

24. Effect of power of attorney for value made irrevocable

25. Effect of power of attorney irrevocable for fixed period

26. Appointment of attorney by class

Division 4 - Revocation of powers of attorney other than enduring powers of attorney

27AA. Application of Division

27. Revocation of power of attorney

28. Effect on dealings with attorney in good faith

29. Revocation of unregistered power of attorney

Part 4 - Enduring Powers of Attorney

30. Creation and effect of enduring powers of attorney

31. Scope of authority, &c., of attorney under enduring power of attorney

32. Duties of attorney under enduring power of attorney

32AA. Right of attorney to information

32AB. Power to take action to the benefit of attorney

32AC. Transactions that may involve conflict of duty

32AD. Keeping of records, &c.

32AE. Revocation of enduring powers of attorney

32AF. Effect of power of attorney when inconsistent with subsequent enduring power of attorney

32AG. Effect on dealings with attorney in good faith in respect of enduring powers

32AH. Effect of ademptions of testamentary gifts by attorney under enduring power of attorney

32A. Substitution of The Public Trustee as attorney

33. Power of Board to make orders in respect of enduring power of attorney

34. Requirements for applications under section 33

35. Advice or directions as to enduring power of attorney

36. Offence for false or misleading applications

37. Contracting out prohibited

38. Saving provision

Part 5 - Special case and Appeals to Supreme Court

39. Special case for opinion of Court

40. Appeals against decisions of Board

Part 6 - Foreign Powers of Attorney

41. Application of Part

42. Recognition of registration in other States and Territories

43. Registration of foreign powers of attorney

44. Proof of foreign execution or registration

45. Registration based on certified copies

46. Registration of instruments of variation or revocation

47. Enduring powers of attorney made outside Tasmania

48. Powers of Board to require production

Part 7 - Miscellaneous and Supplemental

49. Power to have effect as deed

50. Execution of power of attorney by direction of donor

51. Validity of payment by attorney under power without notice of death, &c.

52. Validity of acts done under power after registration of power and before registration of revocation

53. Application of sections 51 and 52 to powers of attorney made under repealed Act

54. On registration, covenants for production to be inoperative

55. Confirmation of acts of attorney sufficient without production of power

55A. Prescribed fees

56. Regulations

57. Administration

58. Saving for powers of attorney registered under repealed Act

58A. Validation

58B. Application of certain amendments made by Powers of Attorney Amendment Act 2013

59. Repeals

60. Powers of Attorney Regulations 1997 rescinded

61. Guardianship and Administration Act 1995 amended

62. Land Titles Act 1980 amended

Schedule 1 - Forms

Schedule 2 - Prescribed fees

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Powers of Attorney Act 2000

Version current from 1 February 2014 to 12 October 2015 (accessed 14 March 2025 at 22:49)

Status Information

Currency of version

Version current from 1 February 2014 to 12 October 2015 (accessed 14 March 2025 at 22:49)

Legislation on this site is usually updated within 3 working days after a change to the legislation.

Table of Amending Instruments

(click to view Table of Amendments)

Responsible Minister and Department

See the latest Administrative Arrangement Order or view the Information Guides to Legislation

Authorisation

File last modified 25 November 2021

Tasmanian Legislation Tasmania's consolidated legislation online

Powers of Attorney Act 2000

Status Information

Currency of version

Table of Amending Instruments

Responsible Minister and Department

Authorisation

Tasmanian Legislation
Tasmania's consolidated legislation online