Queensland Consolidated Acts

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POWERS OF ATTORNEY ACT 1998 - SECT 45

Proof of enduring document

45 Proof of enduring document

(1) An enduring document may be proved by a copy of the enduring document certified under this section.
Note—
An enduring power of attorney made under the Property Law Act 1974 and of force and effect before the commencement of section 163 is taken to be an enduring power of attorney made under this Act†section 163 .
(2) The copy must be certified to the effect that it is a true and complete copy of the original.
(3) Certification must be by 1 of the following persons—
(a) the principal;
(b) a justice;
Note—

"justice" means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 .
(c) a commissioner for declarations;
(d) a notary public;
(e) a lawyer;
Note—

"lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 .
(f) a trustee company under the Trustee Companies Act 1968 ;
(g) a stockbroker.
(4) If a copy of an enduring document has been certified under this section, the enduring document may also be proved by a copy, certified under this section, of the certified copy.
(5) This section does not prevent an enduring document being proved in another way.



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