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Amendment of section 71 of Principal Act
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58. Section 71 of the Principal Act is amended—
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(a) in subsection (2)—
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(i) by the substitution of “in such form as shall be specified by the Director under section 79A” for “in such form”,
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(ii) in paragraph (a), by the substitution of “60” for “60, 62”,
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(iii) in paragraph (b), by the deletion of “section 61 or”, and
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(iv) in paragraph (c), by the substitution of “lacks” for “does not lack”,
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(b) in subsection (3)—
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(i) in paragraph (b)—
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(I) by the substitution of “with the donor” for “with the attorney”, and
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(II) by the substitution of “with the attorney” for “the donor”,
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(ii) in paragraph (i), by the substitution of “notify the donor, the attorney and the person who made the objection” for “notify the person who made the objection”, and
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(iii) by the substitution of the following paragraph for paragraph (ii):
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“(ii) where he or she is of the view that the objection is well founded, notify the donor, the attorney and the person who made the objection of his or her decision and refuse to register the enduring power of attorney.”,
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(c) by the deletion of subsection (4),
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(d) by the substitution of the following subsection for subsection (5):
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“(5) A person who has been notified under subsection (3) of the Director’s decision may, not later than 21 days after the date of issue of the notification by the Director, appeal the decision concerned to the court.”,
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and
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(e) by the substitution of the following paragraphs for paragraphs (a) and (b) of subsection (6):
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“(a) where the Director has made a decision to which subsection (3)(i) refers—
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(i) declare that the objection is well founded and require the Director to remove the instrument concerned from the Register, or
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(ii) affirm the decision of the Director,
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(b) where the Director has made a decision to which subsection (3)(ii) refers—
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(i) declare that the objection is not well founded and require the Director to proceed to consider, in accordance with section 69, whether the instrument creating the enduring power of attorney should be registered, taking the court’s declaration into account, or
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(ii) affirm the decision of the Director and declare that the instrument creating the enduring power of attorney should not be registered,
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or”.
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