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GUARDIANSHIP ACT 1987 - SECT 6O
Recognition of enduring guardians appointed in other States and Territories
6O Recognition of enduring guardians appointed in other States and Territories
(1) An instrument appointing an interstate enduring guardian has effect in
this State as if it were an instrument appointing an enduring guardian made
under, and in compliance with, this Part, but only to the extent that the
functions it confers under the law of the State or Territory in which it was
made could validly have been conferred by an instrument appointing an
enduring guardian made under this Part.
(2) In particular, an instrument to
which subsection (1) applies-- (a) has effect in this State subject to any
limitations on the functions it confers that apply to it under the law of the
State or Territory in which it was made, and
(b) does not operate to confer
any function on an enduring guardian in this State that cannot be conferred on
an enduring guardian by or under this Part.
(3) A document signed by an
Australian legal practitioner that certifies that an instrument appointing an
interstate enduring guardian was made in accordance with the formal
requirements of the law of the State or Territory in which it was made is
admissible in any proceedings where the appointment is in issue and is prima
facie evidence of the matter so certified.
(4) Subsections (1)-(3) apply to
an instrument appointing an interstate enduring guardian even if, at the time
it was made, it was not an instrument appointing an enduring guardian within
the meaning of this section.
(5) In this section--
"interstate enduring guardian" means a person who is appointed as a guardian
by an instrument (or an instrument belonging to a class of instruments)
prescribed by the regulations that is made under a law of a State or Territory
(other than New South Wales).
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