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Amendment of section 69 of Principal Act
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57. Section 69 of the Principal Act is amended—
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(a) in subsection (1)—
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(i) in paragraph (a), by the substitution of “60 and” for “60, 62 and”,
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(ii) by the insertion of the following paragraph after paragraph (c):
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“(ca) where a trust corporation is named as an attorney, that it has complied with the requirements specified by the Director under section 58A,”,
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and
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(iii) in paragraph (d), by the deletion of “section 61 and”,
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(b) by the insertion of the following subsections after subsection (1):
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“(1A) Where the instrument creating the enduring power of attorney differs in an immaterial respect from the form specified by the Director under section 79A(1)(a), the Director may, notwithstanding such difference, treat the enduring power of attorney and the instrument creating it as being in accordance with the form specified by the Director under section 79A(1)(a), if he or she thinks it appropriate to do so.
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(1B) If the notice requirements under section 68(3) for registering an enduring power of attorney have not been complied with, the Director may, if he or she is satisfied that all reasonable efforts have been made to satisfy the notice requirements, treat the criteria under subsection (1)(d) as having been met.”,
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(c) in subsection (5), by the substitution of “A donor” for “An attorney”,
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(d) in subsection (8), by the substitution of “For the purposes of subsection (7), a document” for “A document”, and
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(e) by the insertion of the following subsection after subsection (8):
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“(9) Once the Director has registered or has refused to register under this section an instrument creating an enduring power of attorney, the donor concerned, or, with his or her written consent, his or her attorney, shall, as soon as practicable, give notice to the persons referred to in section 68(3) (other than those to whom subsections (3A) and (3B) of that section relate) of that registration or refusal, as the case may be, in the form specified by the Director under section 79A.”.
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