Assisted Decision-Making (Capacity) (Amendment) Act 2022

Amendment of section 72 of Principal Act

60. Section 72 of the Principal Act is amended—

(a) in subsection (1), by the substitution of “attorney that have been registered by him or her under section 69” for “attorney”,

(b) in subsection (2), by the substitution of “appropriate, but shall specify which instruments are, and which instruments are not, the subject of a notification under section 71A that has been accepted by the Director under section 71C” for “appropriate”,

(c) in subsection (3)—

(i) by the substitution of “The Director shall make such details of the Register as he or she shall specify” for “The Director shall make the Register”, and

(ii) in paragraph (b), by the substitution of “inspecting those details of the Register” for “inspecting the Register”,

(d) in subsection (4), by the substitution of “instrument creating an enduring power of attorney that is the subject of a notification under section 71A that has been accepted by the Director under section 71C, or part thereof, and any variations to the enduring power or part thereof,” for “enduring power, or part thereof,”, and

(e) by the insertion of the following subsection after subsection (4):

“(4A) An authenticated copy of an instrument or part thereof, and, where applicable, any variations to the instrument or part, that is issued by the Director under subsection (4) and stamped by the Director with a time and date stamp (which may be by automated means), shall be evidence of the contents of the instrument or part thereof, and where applicable, any variations to that instrument or part, as at the date and time indicated on the stamp.”.