Tasmanian Consolidated Acts
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POWERS OF ATTORNEY ACT 2000 - SECT 3
Interpretation
(1) In this Act, unless the contrary intention appears
attorney means a person to whom a power of attorney is given;
certified copy ,
in the case of a power of attorney or print-out, means a copy of that power of
attorney as registered or print-out that
(a) is certified by the Recorder to be a copy of the power of attorney or
print-out; or
(b) in the case of a copy created by a facsimile or electronic transmission
process, has recorded on it by that process an indication that the
transmission creating the copy was initiated in an office of the Recorder and
a record of the time and date of the transmission;
close relative , in
relation to a person, means
(a) a spouse of the person; and
(b) a parent of the person; and
(c) a person who has one or both parents in common with the person; and
(d) a child of the person; and
(e) a child of, or a parent of, the spouse of the person; and
(f) a grandparent of the person; and
(g) an aunt or uncle of the person;
computer means any device for storing or
processing information;
Court means the Supreme Court;
donor means a person
who grants a power of attorney;
enduring power of attorney means an enduring
power of attorney created under section 30 ;
instrument includes
registration application;
machine copy , in relation to a document that is a
power of attorney, means a copy of the document made by
(a) a machine in which, or a process by which, a latent image of the contents
of the document is produced from surface contact with the document or by the
use of photosensitive material other than transparent photographic film; or
(b) the electrostatic process known as Xerography or any similar process;
photocopying process, in the case of a copy of a power of attorney, means the process of making a photographic copy or machine copy of the power of attorney;
photographic copy, in the case of a power of attorney, means a print made from a transparency of the power of attorney;
prescribed, in relation to a fee, means prescribed in Schedule 2 ;
print-out, in the case of a computer, means the output of that computer produced in a form that can be understood by sight;
Recorder means the Recorder of Titles;
register means the register of powers of attorney kept under section 4 ;
registration application means a registration application in accordance with form 5 ;
repealed Act means the Powers of Attorney Act 1934 ;
spouse, in relation to a person, means a person
(a) who is married to the person; or
(b) who is a party to a significant relationship, within the meaning of the
Relationships Act 2003 , with the person, which relationship is registered
under that Act; or
(c) who is a party to a significant relationship, within the meaning of the
Relationships Act 2003 , with the person, which relationship has been in
existence for a continuous period of at least 2 years;
transparency , in
relation to a document that is a power of attorney, means
(a) a developed negative or positive photograph of that document (in this
definition referred to as an original photograph) made on a transparent base
by means of light reflected from, or transmitted through, the document; or
(b) a copy of an original photograph made by the use of photosensitive
material on a transparent base placed in surface contact with the original
photograph; or
(c) any one of a series of copies of an original photograph, the first of the
series being made by the use of photosensitive material on a transparent base
placed in surface contact with a copy referred to in paragraph (b) , and
each succeeding copy in the series being made in the same manner from any
preceding copy in the series;
Tribunal means the Tasmanian Civil and
Administrative Tribunal.
(2) In this Act, a reference to a form is a reference to a form
specified in Schedule 1 .
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