AustLII Tasmanian Numbered Acts

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JUSTICE AND RELATED LEGISLATION (FURTHER MISCELLANEOUS AMENDMENTS) ACT 2006 (NO. 43 OF 2006) - SECT 30

Section 81A inserted

After section 81 of the Principal Act , the following section is inserted in Division 4:

81A.     Instruments made under corresponding laws

(1)  Where it appears to the Minister that a law in force in another State, or in a Territory or country has substantially the same effect as Part 5 of this Act, the Minister may by notice published in the Gazette declare that the law is a corresponding law for the purpose of this section.
(2)  Subject to subsection (3) , if an instrument appointing an enduring guardian that is made in another State, or in a Territory or country under a corresponding law complies with that corresponding law, the instrument is taken to be an instrument appointing an enduring guardian made in accordance with Part 5 .
(3)  An instrument referred to in subsection (2) is valid only to the extent that it would be valid if it were an instrument appointing an enduring guardian made in accordance with Part 5 .
(4)  For the purposes of this section, a certificate, from a legal practitioner or from the Registrar of a relevant Court, Board or Tribunal exercising a guardianship jurisdiction, that the instrument appointing an enduring guardian satisfies the requirements of the relevant corresponding law is evidence of that fact.
(5)  An instrument appointing an enduring guardian recognised in accordance with this section must be registered in accordance with section 89(1)(c) .
(6)  A notice under subsection (1) is not a statutory rule for the purposes of the Rules Publication Act 1953 .



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