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Version No. 002 Powers of Attorney Regulations 2015 S.R. No. 93/2015 Version incorporating amendments as at 1 May 2017 TABLE OF PROVISIONS Regulation Page Part 1—Preliminary 1 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Definition 1 Part 2—Prescribed forms 2 5 Enduring power of attorney 2 6 Revocation by principal of enduring power of attorney or appointment of attorney/alternative attorney 2 7 Notification by attorney 2 8 Resignation by attorney or alternative attorney 2 9 Appointment of supportive attorney 2 10 Revocation by principal of supportive attorney appointment or appointment of supportive attorney/alternative supportive attorney 3 11 Resignation by supportive attorney or alternative supportive attorney 3 Schedule 1—Forms 4 ═══════════════ 1

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Version No. 002

Powers of Attorney Regulations 2015S.R. No. 93/2015

Version incorporating amendments as at1 May 2017

TABLE OF PROVISIONSRegulation Page

Part 1—Preliminary 1

1 Objective 12 Authorising provisions 13 Commencement 14 Definition 1

Part 2—Prescribed forms 2

5 Enduring power of attorney 26 Revocation by principal of enduring power of attorney or

appointment of attorney/alternative attorney 27 Notification by attorney 28 Resignation by attorney or alternative attorney 29 Appointment of supportive attorney 210 Revocation by principal of supportive attorney appointment or

appointment of supportive attorney/alternative supportive attorney 3

11 Resignation by supportive attorney or alternative supportive attorney 3

Schedule 1—Forms 4

═══════════════

Endnotes 19

1 General information 19

2 Table of Amendments 21

3 Amendments Not in Operation 22

4 Explanatory details 23

1

2

Version No. 002

Powers of Attorney Regulations 2015S.R. No. 93/2015

Version incorporating amendments as at1 May 2017

Part 1—Preliminary1 Objective

The objective of these Regulations is to prescribe forms and other matters for the purposes of the Powers of Attorney Act 2014.

2 Authorising provisions

These Regulations are made under section 139 of the Powers of Attorney Act 2014.

3 Commencement

These Regulations come into operation on 1 September 2015.

4 Definition

In these Regulations—

the Act means the Powers of Attorney Act 2014.

1

Part 2—Prescribed forms5 Enduring power of attorney

(1) For the purposes of section 32 of the Act, the prescribed form is Form 1 of Schedule 1.

(2) For the purposes of section 37 of the Act, the prescribed form of statement of acceptance is the statement of acceptance of appointment—attorney in Form 1 of Schedule 1.

(3) For the purposes of section 38 of the Act, the prescribed form of statement of acceptance is the statement of acceptance of appointment—alternative attorney in Form 1 of Schedule 1.

6 Revocation by principal of enduring power of attorney or appointment of attorney/alternative attorney

For the purposes of section 45 of the Act, the prescribed form is Form 2 of Schedule 1.

7 Notification by attorney

For the purposes of section 54(5) of the Act, the prescribed form is Form 3 of Schedule 1.

8 Resignation by attorney or alternative attorney

(1) For the purposes of section 57 of the Act, the prescribed form is Form 4 of Schedule 1.

(2) For the purpose of section 60 of the Act, the prescribed form is Form 4 of Schedule 1.

9 Appointment of supportive attorney

(1) For the purposes of section 94 of the Act, the prescribed form is Form 5 of Schedule 1.

(2) For the purposes of section 99 of the Act, the prescribed form of statement of acceptance is the statement of acceptance of appointment—supportive attorney in Form 5 of Schedule 1.

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(3) For the purposes of section 100 of the Act, the prescribed form of statement of acceptance is the statement of acceptance of appointment—alternative supportive attorney in Form 5 of Schedule 1.

10 Revocation by principal of supportive attorney appointment or appointment of supportive attorney/alternative supportive attorney

For the purposes of section 104 of the Act, the prescribed form is Form 6 of Schedule 1.

11 Resignation by supportive attorney or alternative supportive attorney

For the purposes of section 112 of the Act, the prescribed form is Form 7 of Schedule 1.

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Schedule 1—FormsFORM 1

ENDURING POWER OF ATTORNEYRegulation 5

Name of principal:

Address of principal:

APPOINTMENT

I appoint [insert name of one or more persons or position] of [insert address(es) of persons or position]

*to be my attorney

*to be my joint attorneys

*to be my several attorneys

*to be my joint and several attorneys

*to be my majority attorneys

*and I appoint [insert name of one or more persons or position] of [insert address(es) of persons or position] as alternative attorney for [insert name of one attorney].

*and I appoint [insert name of one person or position] of [insert address of person or position] as alternative attorney for [insert names of more than one attorney].

Note: Under section 31(3) of the Act, an alternative attorney must act in the same manner as the attorney for whom the alternative attorney is appointed to act unless you provide otherwise.

AUTHORISATION

I authorise my attorney(s):

*to do anything on my behalf that I can lawfully do by an attorney.

*to do anything on my behalf that I can lawfully do by an attorney for—

personal matters only.

financial matters only.

the following specified matters:

Sch. 1 Form 1 substituted by S.R. No. 17/2017 reg. 5.

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*REVOCATION

*I specify that the enduring power of attorney made by me on [insert date made if known] is not revoked by this enduring power of attorney.

*I specify that the following parts of the enduring power of attorney made by me on [insert date made if known] are not revoked by this enduring power of attorney.

Note: Under section 55 of the Act, an enduring power of attorney is revoked by a later enduring power of attorney of the principal, unless the principal specifies otherwise in the later enduring power of attorney.

Under sections 152 and 153 of the Act, an enduring power of attorney is taken to include an existing enduring power of attorney made under the Instruments Act 1958 and an existing appointment of an enduring guardian made under the Guardianship and Administration Act 1986.

COMMENCEMENT

The powers under this enduring power of attorney for all matters are exercisable:

*immediately on the making of this enduring power of attorney.

*when I cease to have decision making capacity for the matter(s).

*from the time, in the circumstance or on the occasion specified as follows:

*CONDITIONS AND INSTRUCTIONS

The exercise of power under this enduring power of attorney is subject to the following conditions or instructions:

Signed: [signature of principal or person signing at the direction of (on behalf of) the principal]

*I sign this enduring power of attorney at the direction of and in the presence of the principal.

*Name of person signing at direction of principal:

*Address of person signing at direction of principal:

Date:

CERTIFICATE OF WITNESSES

Witnessed by:

Name of first witness:

Address of first witness:

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Name of second witness:

Address of second witness:

Each witness certifies that:

*the principal appeared to freely and voluntarily sign this instrument in my presence; and

*[If witnessing another person signing at the direction of and in the presence of the principal] in my presence, the principal appeared to freely and voluntarily direct the person to sign for the principal and that person signed this instrument in my presence and in the presence of the principal; and

at that time, the principal appeared to me to have decision making capacity in relation to the making of this enduring power of attorney; and

I am not an attorney under this enduring power of attorney; and

I am not a relative of the principal or of an attorney under this enduring power of attorney; and

I am not a care worker or accommodation provider for the principal.

*[If witnessing another person signing this enduring power of attorney at the direction of and in the presence of the principal] I am not the person who is signing at the direction of the principal.

Signed:

First witness: [signature of first witness]

*Qualification: [if first witness is acting as a medical practitioner or person authorised to witness affidavits]

Second witness: [signature of second witness]

*Qualification: [if second witness is acting as a medical practitioner or person authorised to witness affidavits]

Date:

STATEMENT OF ACCEPTANCE OF APPOINTMENT—ATTORNEY

Name of attorney:

Address of attorney:

I accept my appointment as attorney under this enduring power of attorney and state that:

I am eligible under Part 3 of the Powers of Attorney Act 2014 to act as an attorney under an enduring power of attorney; and

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I understand the obligations of an attorney under an enduring power of attorney and under the Powers of Attorney Act 2014 and the consequences of failing to comply with those obligations; and

I undertake to act in accordance with the provisions of the Powers of Attorney Act 2014 that relate to enduring powers of attorney.

*[If appointed for financial matters and you have been convicted or found guilty of an offence involving dishonesty] I have disclosed to the principal that I have been convicted or found guilty of an offence involving dishonesty.

Signed: [signature of attorney]

Date:

*Position: [if appointed as the occupant of a position]

Witnessed by:

Name of witness:

Address of witness:

I witnessed the signing of the statement of acceptance by the attorney.

Signed: [signature of witness]

Date:

Note: Each attorney must sign a statement of acceptance and it must be witnessed separately in the enduring power of attorney.

STATEMENT OF ACCEPTANCE OF APPOINTMENT—ALTERNATIVE ATTORNEY

Name of alternative attorney:

Address of alternative attorney:

I accept my appointment as an alternative attorney under this enduring power of attorney and state that:

I am eligible under Part 3 of the Powers of Attorney Act 2014 to act as an attorney under an enduring power of attorney; and

I understand the obligations of an attorney under an enduring power of attorney and under the Powers of Attorney Act 2014 and the consequences of failing to comply with those obligations; and

I undertake to act in accordance with the provisions of the Powers of Attorney Act 2014 that relate to enduring powers of attorney; and

I understand the circumstances in which the alternative attorney is authorised to act under the Powers of Attorney Act 2014; and

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I am prepared to act in place of the attorney for whom I am appointed, if still eligible to act as attorney, when authorised to do so under the Powers of Attorney Act 2014.

*[If appointed for financial matters and you have been convicted or found guilty of an offence involving dishonesty] I have disclosed to the principal that I have been convicted or found guilty of an offence involving dishonesty.

Signed: [signature of alternative attorney]

Date:

*Position: [if appointed as the occupant of a position]

Witnessed by:

Name of witness:

Address of witness:

I witnessed the signing of the statement of acceptance by the alternative attorney.

Signed: [signature of witness]

Date:

Note: Each alternative attorney must sign a statement of acceptance and it must be witnessed separately in the enduring power of attorney.

*Delete if not applicable.

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FORM 2

REVOCATION BY PRINCIPAL OF ENDURING POWER OF ATTORNEY OR APPOINTMENT OF

ATTORNEY/ALTERNATIVE ATTORNEYRegulation 6

Name of principal:

Address of principal:

I revoke under section 44 of the Powers of Attorney Act 2014:

*the enduring power of attorney made by me on [insert date made].

*the appointment of my attorney(s) [insert name (or position) of one or more attorneys] of [insert address(es) of attorney(s)] under the enduring power of attorney made by me on [insert date made].

*the appointment of my alternative attorney(s) [insert name (or position) of one or more alternative attorneys] of [insert address(es) of alternative attorney(s)] for [insert name of attorney(s)] under the enduring power of attorney made by me on [insert date made].

Signed: [signature of principal or person signing at the direction of (on behalf of) the principal]

*I sign this instrument of revocation in the presence of and at the direction of the principal.

*Name of person signing at direction of principal:

*Address of person signing at direction of principal:

Date:

CERTIFICATE OF WITNESSES

Witnessed by:

Name of first witness:

Address of first witness:

Name of second witness:

Address of second witness:

Each witness certifies that:

*the principal appeared to freely and voluntarily sign this instrument in my presence; and

Sch. 1 Form 2 substituted by S.R. No. 17/2017 reg. 6.

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*[If witnessing another person signing at the direction of and in the presence of the principal] in my presence, the principal appeared to freely and voluntarily direct the person to sign for the principal and that person signed this instrument in my presence and in the presence of the principal; and

at that time, the principal appeared to me to have decision making capacity to revoke this enduring power of attorney; and

I am not an attorney under this enduring power of attorney; and

I am not a relative of the principal or of an attorney under the enduring power of attorney; and

I am not a care worker or accommodation provider for the principal.

*[If witnessing another person signing at the direction of and in the presence of the principal] I am not the person who is signing at the direction of the principal.

Signed:

First witness: [signature of first witness]

*Qualification: [if first witness is acting as a medical practitioner or person authorised to witness affidavits]

Second witness: [signature of second witness]

*Qualification: [if second witness is acting as a medical practitioner or person authorised to witness affidavits]

Date:

*Delete if not applicable.

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FORM 3

NOTIFICATION BY ATTORNEYRegulation 7

To: [insert name of person(s) or organisation(s) to whom notice is being given] of [insert address(es) of person(s) or organisation(s) to whom notice is being given (if known)]

This notice is given under section 54 of the Powers of Attorney Act 2014.

* INDIVIDUAL

Name of attorney giving notice:

Address of attorney giving notice:

I give notice that my appointment as an attorney under the enduring power of attorney made by [insert name of principal] on [insert date made (if known)] is revoked because:

I have become an insolvent under administration.

I have become a care worker, health or accommodation provider for the principal.

[If an attorney for financial matters] I have been convicted or found guilty of an offence involving dishonesty.

* TRUSTEE COMPANY

Name of trustee company giving notice:

Address of trustee company giving notice:

The company, an attorney under the enduring power of attorney made by [insert name of principal] on [insert date made (if known)] gives notice that:

the company's appointment as an attorney under that enduring power of attorney is revoked because the company has been wound up or ceased to be registered.

a proceeding for winding up has commenced against the company.

the company has been convicted or found guilty of an offence involving dishonesty.

Signed: [signature of attorney]

Date:

*Delete if not applicable.

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FORM 4

RESIGNATION BY ATTORNEY OR ALTERNATIVE ATTORNEY

Regulation 8

Name (or position) of attorney or alternative attorney resigning:

Address of attorney or alternative attorney resigning:

*I resign/*The trustee company resigns under section *56/*59(1)(a)/*59(1)(b)/*59(3) of the Powers of Attorney Act 2014 from *my/*its appointment as an *attorney/*alternative attorney for [insert name (or position) of attorney(s)] under the enduring power of attorney made by [insert name of principal] on [insert date made (if known)].

Signed: [signature of attorney or alternative attorney]

Date:

*Delete if not applicable.

Sch. 1 Form 4 substituted by S.R. No. 17/2017 reg. 7.

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FORM 5

APPOINTMENT OF SUPPORTIVE ATTORNEYRegulation 9

Name of principal:

Address of principal:

APPOINTMENT

I appoint [insert name of one or more supportive attorney] of [insert address(es) of supportive attorney(s)] to act as my supportive attorney(s)

*and I appoint [insert name(s) of one or more alternative supportive attorney] of [insert address(es) of alternative supportive attorney(s)] as alternative supportive attorney for [insert name of one supportive attorney].

*and I appoint [insert name of one alternative supportive attorney] of [insert address of alternative supportive attorney] as alternative supportive attorney for [insert names of more than one supportive attorney].

AUTHORISATION

I authorise my supportive attorney(s) to exercise the following power(s):

*Information power in accordance with section 87 of the Powers of Attorney Act 2014.

*Communication power in accordance with section 88 of the Powers of Attorney Act 2014.

*Power to give effect to decisions in accordance with section 89 of the Powers of Attorney Act 2014.

I authorise my supportive attorney(s) to exercise these powers in relation to the following matters:

*personal matters

*financial matters

*both personal and financial matters

*the following personal, financial or other matters only: [specify]

COMMENCEMENT

This supportive attorney appointment commences:

Sch. 1 Form 5 substituted by S.R. No. 17/2017 reg. 8.

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*on its making.

*from the time, in the circumstance or on the occasion specified as follows:

Signed: [signature of principal or person signing at the direction of (on behalf of) the principal]

*I sign this supportive attorney appointment at the direction of and in the presence of the principal.

*Name of person signing at direction of principal:

*Address of person signing at direction of principal:

Date:

CERTIFICATE OF WITNESSES

Witnessed by:

Name of first witness:

Address of first witness:

Name of second witness:

Address of second witness:

Each witness certifies that:

*the principal appeared to freely and voluntarily sign this supportive attorney appointment form in my presence; and

*[If witnessing another person signing at the direction of (on behalf of) and in the presence of the principal] in my presence, the principal appeared to freely and voluntarily direct the person to sign for the principal and that person signed this supportive attorney appointment form in my presence and in the presence of the principal; and

at that time, the principal appeared to me to have decision making capacity in relation to making this supportive attorney appointment.

Each witness states that:

I am not a supportive attorney under this appointment.

*[If witnessing another person signing this supportive attorney appointment form at the direction of (on behalf of) and in the presence of the principal] I am not the person who is signing at the direction of the principal.

Signed:

First witness: [signature of first witness]

*Qualification: [if first witness is acting as a person authorised to witness statutory declarations]

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Second witness: [signature of second witness]

*Qualification: [if second witness is acting as a person authorised to witness statutory declarations]

Date:

STATEMENT OF ACCEPTANCE OF APPOINTMENT—SUPPORTIVE ATTORNEY

Name of supportive attorney:

Address of supportive attorney:

I accept my appointment as supportive attorney under this supportive attorney appointment and state that:

I am eligible under the Powers of Attorney Act 2014 to act as a supportive attorney under a supportive attorney appointment; and

I understand the obligations of a supportive attorney under the Powers of Attorney Act 2014 and the consequences of failing to comply with the Powers of Attorney Act 2014; and

I undertake to act in accordance with the Powers of Attorney Act 2014.

*[If appointed for financial matters and you have been convicted or found guilty of an offence involving dishonesty] I have disclosed to the principal that I have been convicted or found guilty of an offence involving dishonesty.

Signed: [signature of supportive attorney]

Date:

Witnessed by:

Name of witness:

Address of witness:

I witnessed the signing of the statement of acceptance by the supportive attorney.

Signed: [signature of witness]

Date:

Note: Each supportive attorney must sign a statement of acceptance and it must be witnessed separately in the supportive attorney appointment.

STATEMENT OF ACCEPTANCE OF APPOINTMENT—ALTERNATIVE SUPPORTIVE ATTORNEY

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Name of alternative supportive attorney:

Address of alternative supportive attorney:

I accept my appointment as an alternative supportive attorney under this supportive attorney appointment and state that:

I am eligible under the Powers of Attorney Act 2014 to act as a supportive attorney under a supportive attorney appointment; and

I understand the obligations of a supportive attorney under the Powers of Attorney Act 2014 and the consequences of failing to comply with the Powers of Attorney Act 2014; and

I undertake to act in accordance with the Powers of Attorney Act 2014; and

I understand the circumstances in which the alternative supportive attorney is authorised to act under the Powers of Attorney Act 2014; and

I am prepared to act in place of the supportive attorney for whom I am appointed when authorised to do so under the Powers of Attorney Act 2014.

*[If appointed for financial matters and you have been convicted or found guilty of an offence involving dishonesty] I have disclosed to the principal that I have been convicted or found guilty of an offence involving dishonesty.

Signed: [signature of alternative supportive attorney]

Date:

Witnessed by:

Name of witness:

Address of witness:

I witnessed the signing of the statement of acceptance by the alternative supportive attorney.

Signed: [signature of witness]

Date:

Note: Each alternative supportive attorney must sign a statement of acceptance and it must be witnessed separately in the supportive attorney appointment.

*Delete if not applicable.

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FORM 6

REVOCATION BY PRINCIPAL OF SUPPORTIVE ATTORNEY APPOINTMENT OR APPOINTMENT OF

SUPPORTIVE ATTORNEY/ALTERNATIVE SUPPORTIVE ATTORNEY

Regulation 10

Name of principal:

Address of principal:

I revoke under section 103 of the Powers of Attorney Act 2014:

*the supportive attorney appointment made by me on [insert date made].

*the appointment of my supportive attorney(s) [insert name of supportive attorney or attorneys if revoking the appointment of more than one] of [insert address(es) of supportive attorney(s)] under the supportive attorney appointment made by me on [insert date made].

*the appointment of my alternative supportive attorney(s) [insert name of alternative supportive attorney or attorneys if revoking the appointment of more than one] of [insert address(es) of alternative supportive attorney(s)] for [insert name of supportive attorney(s)] under the supportive attorney appointment made by me on [insert date made].

Signed: [signature of principal or person signing at the direction of (on behalf of) the principal]

*I sign this instrument of revocation at the direction of and in the presence of the principal.

*Name of person signing at direction of principal:

*Address of person signing at direction of principal:

Date:

Witnessed by: [signature of witness]

Name of witness:

Address of witness:

Qualification: [specify how authorised to witness the signing of a statutory declaration]

Date:

*Delete if not applicable.

Sch. 1 Form 6 substituted by S.R. No. 17/2017 reg. 9.

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FORM 7

RESIGNATION BY SUPPORTIVE ATTORNEY OR ALTERNATIVE SUPPORTIVE ATTORNEY

Regulation 11

Name of supportive attorney or alternative supportive attorney resigning:

Address of supportive attorney or alternative supportive attorney resigning:

I resign under section 111 of the Powers of Attorney Act 2014 from my appointment as *a supportive attorney/*an alternative supportive attorney for [insert name of supportive attorney(s)] under the supportive attorney appointment made by [insert name of principal] on [insert date made (if known)].

Signed: [signature of supportive attorney or alternative supportive attorney resigning]

Date:

*Delete if not applicable.

═══════════════

Sch. 1 Form 7 substituted by S.R. No. 17/2017 reg. 10.

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Endnotes1 General information

The Powers of Attorney Regulations 2015, S.R. No. 93/2015 were made on 11 August 2015 by the Governor in Council under section 139 of the Powers of Attorney Act 2014, No. 57/2014 and came into operation on 1 September 2015: regulation 3.

The Powers of Attorney Regulations 2015 will sunset 10 years after the day of making on 11 August 2025 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before

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1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

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2 Table of AmendmentsThis publication incorporates amendments made to the Powers of Attorney Regulations 2015 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Powers of Attorney Amendment Regulations 2017, S.R. No. 17/2017Date of Making: 12.4.17Date of Commencement: 1.5.17: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.

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4 Explanatory detailsNo entries at date of publication.

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