Powers of Attorney Regulations 1997

Powers of Attorney Regulations 1997

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Powers of Attorney Act 1934 .

G. S. M. GREEN

Governor

By His Excellency's Command,

PETER HODGMAN

Minister for Environment and Land Management

1.   Short title

These regulations may be cited as the Powers of Attorney Regulations 1997 .

2.   Commencement

These regulations commence on 1 September 1997.

3.   Application for order relating to enduring power of attorney

(1)  For the purposes of section 11E(2A)(b) of the Powers of Attorney Act 1934 , the following information is prescribed:

(a) the name and address of each of the following:

(i) the applicant;

(ii) the donor of the power;

(iii) the donee of the power;

(iv) any proposed substitute donee;

(v) any interested parties to the application;

(b) in respect of each person referred to in paragraph (a) , the telephone number or other means of transmission referred to in subregulation (2) ;

(c) details of the order required;

(d) the reasons for seeking the order.

(2)  For the purposes of subregulation (1)(b) , a reference to a telephone number is taken to include a reference to any other means by which a copy of a document may be transmitted by facsimile process or any electronic or similar process approved by the Guardianship and Administration Board.

4.   Application to be supported by declaration

(1)  An application under section 11E(2A) of the Powers of Attorney Act 1934 is to be supported by a declaration by the person making the application that all the information contained in the application is true and accurate, that it is not misleading and that no details relevant to the application have been omitted.

(2)  If any such application contains a statement that is false or misleading in a material particular, the person making the application is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 20 August 1997

These regulations are administered in the Department of Environment and Land Management.