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Amendment of section 73 of Principal Act
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61. Section 73 of the Principal Act is amended—
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(a) by the substitution of the following subsection for subsection (1):
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“(1) An enduring power of attorney that has been registered under section 69 may be varied or revoked by the donor where the instrument creating the enduring power of attorney has not been the subject of a notification under section 71A that has been accepted by the Director under section 71C.”,
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(b) in subsection (2), by the substitution of “specified by the Director under section 79A” for “prescribed”,
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(c) in subsection (4)—
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(i) by the deletion of paragraphs (c) and (d), and
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(ii) in paragraph (e), by the substitution of “in the case of a variation, that he or she is aware of the variation” for “that he or she is aware of the variation or revocation”,
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(d) by the insertion of the following subsections after subsection (4):
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“(4A) The donor shall, as soon as practicable after the revocation of an enduring power of attorney, give notice to the attorney, in the form specified by the Director under section 79A, of the revocation.
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(4B) A variation of an enduring power of attorney may be made—
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(a) subject to paragraph (b), at any time after the expiry of 6 months from the date of the registration of the instrument creating the enduring power under section 69, and
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(b) where more than one variation is made, at intervals of at least 12 months from the date of the previous variation,
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unless an earlier variation in the case of paragraph (a), or variation at more frequent intervals in the case of paragraph (b), is agreed by the Director.”,
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and
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(e) by the deletion of subsections (5) and (6).
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