New South Wales Consolidated Acts

POWERS OF ATTORNEY ACT 2003 - SECT 6

6 Application of Act

(1) Act applies to instruments executed on or after commencement This Act applies to any power of attorney created (or purporting to have been created) by an instrument executed on or after the commencement of this section.

(2) Act does not generally apply to existing powers of attorney This Act does not apply to any power of attorney created (or purporting to have been created) by an instrument executed before the commencement of this section, except as provided by subsection (5).

(3) Repealed provisions of Conveyancing Act 1919 continue to apply to existing powers of attorney Subject to subsection (5), the provisions of Part 16 of, and Schedule 7 to, the Conveyancing Act 1919 (and of any regulations made under those provisions) as in force immediately before the commencement of this section continue to apply to any power of attorney created (or purporting to have been created) by an instrument executed before that commencement despite the repeal of those provisions by this Act.

(4) Schedule 1 contains copy of repealed provisions of Conveyancing Act 1919 Schedule 1 contains a copy of the provisions of Part 16 of, and Schedule 7 to, the Conveyancing Act 1919 as in force immediately before the commencement of this section.

Note : The copy of the provisions of Part 16 of, and Schedule 7 to, the Conveyancing Act 1919 contained in Schedule 1 does not include the definitions for certain terms used in those provisions that are contained in section 7 of the Conveyancing Act 1919 . The regulations made under those provisions have also not been included in the Schedule.

(5) Certain provisions of this Act extend to existing powers of attorney The provisions of section 25 (Recognition of enduring powers of attorney made in other States and Territories), Part 5 (Review of powers of attorney) and Division 3 of Part 6 (Registration of powers of attorney) extend to any power of attorney created (or purporting to have been created) by an instrument executed before the commencement of this section.

(6) Certain references in Part 5 extended to existing powers of attorney For the purposes of subsection (5):

(a) a reference in Part 5 to an enduring power of attorney is taken to include a reference to a power of attorney that was a protected power of attorney under Part 16 of the Conveyancing Act 1919 immediately before its repeal, and

(b) a reference in Part 5 to an irrevocable power of attorney is taken to include a reference to a power of attorney to which section 160 of the Conveyancing Act 1919 applied immediately before its repeal.

(7) Subsection (5) does not affect current proceedings Nothing in subsection (5) affects the continued operation of the provisions of the Conveyancing Act 1919 and regulations made under that Act (as continued in force by subsection (3)) in relation to any proceedings commenced, but not finally determined, under those provisions before the commencement of this section.