{"id":"powers-of-attorney-regulations-1982","name":"POWERS OF ATTORNEY REGULATIONS 1982","slug":"powers-of-attorney-regulations-1982","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177117,"registerId":"nt-powers-of-attorney-regulations-1982-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"POWERS OF ATTORNEY REGULATIONS 1982","content":"NORTHERN TERRITORY OF AUSTRALIA\nPOWERS OF ATTORNEY REGULATIONS 1982\nAs in force at 28 July 2016\nTable of provisions\nPart I Preliminary\n1 Citation ............................................................................................ 1\n2 Definitions ........................................................................................ 1\n3 Establishment of Register ................................................................ 1\nPart II Procedure, &c.\nDivision 1 Procedure\n5 Procedure for registration of local instrument .................................. 2\n5AA Procedure for registration of interstate instrument ........................... 3\n5A Recording and use of common form provisions............................... 4\nDivision 2 Revocation, &c., of general and enduring\npowers\n6 Application of Division 2 .................................................................. 4\n7 Court orders to be served on Registrar-General.............................. 4\n8 Notice of death ................................................................................ 5\n9 Notice of retirement ......................................................................... 5\n10 Notice of bankruptcy ........................................................................ 5\n11 Notice of revocation by donor to be lodged ..................................... 6\nDivision 3 Revocation of power to secure proprietary\ninterest\n12 Application of Division 3 .................................................................. 6\n13 Notice of revocation ......................................................................... 6\n14 Notice of court order to be served on Registrar-General ................. 6\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 28 July 2016\n____________________\nPOWERS OF ATTORNEY REGULATIONS 1982\nRegulations under the Powers of Attorney Act 1980\nPart I Preliminary\n1 Citation\nThese Regulations may be cited as the Powers of Attorney\nRegulations 1982.\n2 Definitions\nIn these Regulations, unless the contrary intention appears:\nregister means the Register of Powers of Attorney established\nunder regulation 3.\nregistered power means a power created in an instrument that has\nbeen registered under section 7 of the Act and in accordance with\nthese Regulations.\nthe Act means the Powers of Attorney Act 1980.\n3 Establishment of Register\n(1) The Registrar-General shall keep and maintain a Register of\nPowers of Attorney.\n(2) The register shall include particulars of:\n(a) the name of the donor; and\n(b) the lodgement number and date of the instrument creating the\npower,\nand where applicable:\n(c) the date of the revocation of a power by the operation of\nsection 16 of the Act;\n\nPart II Procedure, &c.\nDivision 1 Procedure\nPowers of Attorney Regulations 1982 2\n(d) the date of the revocation of a power by the operation of\nsection 17 of the Act;\n(e) a guardianship order under the Guardianship of Adults\nAct 2016;\n(f) a court order revoking or varying the terms of an instrument\ncreating a power under section 19(3) of the Act.\nPart II Procedure, &c.\nDivision 1 Procedure\n5 Procedure for registration of local instrument\n(1) Where a party to an instrument creating a power of attorney desires\nto register it, he shall deposit with the Registrar-General a duplicate\nor attested copy of the instrument accompanied by the relevant\nprescribed fee.\n(1A) A power of attorney:\n(a) may be in accordance with the approved form; and\n(b) shall only be registered if:\n(i) the original was printed, typed or completed in ink; and\n(ii) both the original and duplicate or attested copy bear the\nsignature of each party (excluding the signature of the\ndonor of the power if the instrument is signed by\ndirection of the donor) and each witness; and\n(iii) a specimen signature of the donee of the power is\ncontained in the original, except where he or she is\nspecified by reference to a named position; and\n(v) it contains the donor of the power's full name and an\naddress (which may be a postal address) for the service\nof notices; and\n(vi) the name and either the contact address or telephone\nnumber of each witness is written, typed or stamped\nbelow the witness's signature; and\n(vii) where the original purports to have been signed by a\nbody corporate, it is authenticated by or on behalf of the\ncorporation in a manner permitted by law.\n\nPart II Procedure, &c.\nDivision 1 Procedure\nPowers of Attorney Regulations 1982 3\n(2) The Registrar-General shall, on receiving a duplicate or attested\ncopy referred to in subregulation (1):\n(a) compare it with the original instrument;\n(b) on being satisfied that it is a true duplicate or attested copy,\nfile it in his office; and\n(c) note thereon the date and hour of its deposit,\nand shall, whenever registering a dealing under the power of\nattorney in relation to a dealing with land under the Land Title\nAct 2000, record in the Register a note as to the deposit of the\npower of attorney.\n(3) An instrument revoking a power of attorney shall be in accordance\nwith the approved form and a duplicate or attested copy may be\nregistered, and shall be dealt with by the Registrar-General, in the\nsame manner as a duplicate or attested copy of an instrument\ncreating a power.\n5AA Procedure for registration of interstate instrument\n(1) A party to an interstate instrument may apply to register the\ninstrument by depositing with the Registrar-General:\n(a) a duplicate or attested copy of the instrument; and\n(b) the prescribed fee.\n(2) The Registrar-General must not register the instrument unless the\ninstrument has been certified:\n(a) by an Australian legal practitioner as having been executed or\nregistered in compliance with the laws of the State or Territory\nin which the instrument was created; or\n(b) by an interstate registering authority as having been registered\nby the authority.\n(3) In this regulation:\ninterstate instrument means an instrument mentioned in\nsection 7(1A) of the Act.\ninterstate registering authority means an authority with the power\nunder the laws of a State or another Territory to register an\ninstrument creating a power of attorney.\n\nPart II Procedure, &c.\nDivision 2 Revocation, &c., of general and enduring powers\nPowers of Attorney Regulations 1982 4\n5A Recording and use of common form provisions\n(1) A person may lodge with the Registrar-General, and the\nRegistrar-General may retain, a memorandum in accordance with\nthe approved form containing one or more provisions which are\nintended for incorporation by reference in instruments subsequently\nlodged for registration under the Act.\n(2) The Registrar-General may himself prepare such a memorandum\nand retain it.\n(3) A memorandum retained by the Registrar-General under\nsubsection (1) or (2) shall be deemed to be registered.\n(4) An instrument under the Act may provide that a provision in a\nmemorandum retained under subsection (1) or (2) is incorporated in\nthe instrument, or is incorporated in it subject to specified\nmodifications.\n(5) Where a provision is incorporated in an instrument by virtue of\nsubsection (4), the party by or on behalf of whom the incorporation\nis effected shall, before the instrument is executed, provide the\nother party or parties with a copy of the provision or, as the case\nmay be, of the provision and the modifications thereof.\nMaximum penalty: 8 penalty units.\n(6) A failure to comply with subsection (5) in respect of an instrument\ndoes not affect the validity or effect of the instrument.\nDivision 2 Revocation, &c., of general and enduring powers\n6 Application of Division 2\nThis Division applies to and in relation to revocation and protection\nin respect of registered general powers and registered enduring\npowers.\n7 Court orders to be served on Registrar-General\nWhere:\n(a) the Court makes an order on an application under section 15\nof the Act; or\n(b) a guardianship order is made under the Guardianship of\nAdults Act 2016;\nthe applicant for the order shall, within 14 days of its making, serve\na copy of the order on the Registrar-General.\n\nPart II Procedure, &c.\nDivision 2 Revocation, &c., of general and enduring powers\nPowers of Attorney Regulations 1982 5\n8 Notice of death\n(1) Where a registered power is revoked by:\n(a) the death of the donor of the power – the donee; or\n(b) the death of the donee of the power – the donor,\nshall, within 14 days of his becoming aware of it, serve notice of the\ndeath on the Registrar-General, by:\n(c) lodging for registration a notice of revocation of power by\ndeath in the approved form; and\n(d) lodging the relevant prescribed fee, if any; and\n(e) providing an original or attested certificate of death for sighting\nby the Registrar-General or lodgment.\n(2) Where the donor or donee of a registered power dies, and the\nexecutor, administrator or trustee, as the case may be, of his estate\nbecomes aware of the power, the executor, administrator or trustee\nshall make due inquiry of the other party to the power, and if that\nparty has not complied with subregulation (1), the executor,\nadministrator or trustee shall, within 14 days of becoming aware of\nit, serve notice of the death on the Registrar-General, by:\n(a) lodging for registration a notice of revocation of power by\ndeath in the approved form; and\n(b) lodging the relevant prescribed fee, if any; and\n(c) providing an original or attested certificate of death for sighting\nby the Registrar-General or lodgment.\n9 Notice of retirement\nThe donee of a registered power shall, within 14 days after his\nretirement, serve notice of his retirement on the Registrar-General.\n10 Notice of bankruptcy\nWhere the donor or donee of a registered power becomes\nbankrupt, applies to take the benefit of a law for the relief of\nbankrupt or insolvent debtors, compounds with his creditors or\nmakes an assignment of his remuneration for their benefit, he shall,\nwithin 14 days, serve notice of his bankruptcy or insolvency on the\nRegistrar-General.\n\nPart II Procedure, &c.\nDivision 3 Revocation of power to secure proprietary interest\nPowers of Attorney Regulations 1982 6\n11 Notice of revocation by donor to be lodged\nThe donor of a registered power shall, within 14 days of his\nrevocation of the power, serve notice of the revocation on the\nRegistrar-General.\nDivision 3 Revocation of power to secure proprietary interest\n12 Application of Division 3\nThis Division applies to and in relation to the revocation of\nregistered powers given to secure a proprietary interest of the\ndonee.\n13 Notice of revocation\nFor the purposes of a revocation under section 19(2)(a) of the Act,\nof a registered power granted to secure a proprietary interest of the\ndonee of the power, the donor and donee shall, within 14 days of\nthe revocation of the power, serve notice of the revocation on the\nRegistrar-General.\n14 Notice of court order to be served on Registrar-General\nFor the purposes of a revocation or variation under section 19(2)(c)\nor (3) of the Act of a registered power granted to secure a\nproprietary interest of the donee, the applicant shall, within 14 days\nof the making of an order pursuant to his application by the Court,\nserve a copy of the order on the Registrar-General.\n\nENDNOTES\nPowers of Attorney Regulations 1982 7\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nPowers of Attorney Regulations (SL No. 66, 1982)\nNotified 23 December 1982\nCommenced 28 January 1983 (s 2 Powers of Attorney Act 1980 (Act\nNo. 25, 1980) and Gaz S5, 28 January 1983, p 1)\nAmendment of the Powers of Attorney Regulations (SL No. 18, 1990)\nNotified 11 July 1990\nCommenced 11 July 1990\nAmendments of Powers of Attorney Regulations (SL No. 22, 1991)\nNotified 31 May 1991\nCommenced 31 May 1991 (r 1 and Statute Law Revision (Registration of\nInstruments) Act 1991 (Act No. 12, 1991))\nAmendments of Powers of Attorney Regulations (SL No. 65, 1991)\nNotified 11 December 1991\nCommenced 1 January 1992 (r 1, s 2 Registration Amendment Act 1991\n(Act No. 54, 1991) and Gaz G49, 11 December 1991, p 4)\nAmendments of Powers of Attorney Regulations (SL No. 31, 1995)\nNotified 13 September 1995\nCommenced 13 September 1995\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nPowers of Attorney Amendment Regulations 2008 (SL No. 7, 2008)\nNotified 23 April 2008\nCommenced 1 May 2008 (r 3, s 2 Justice Legislation Amendment Act 2008\n(Act No. 2, 2008) and Gaz G17, 30 April 2008, p 5)\n\nENDNOTES\nPowers of Attorney Regulations 1982 8\nRevenue Law Reform (Budget Initiatives) Act 2008 (Act No. 23, 2008)\nAssent date 30 June 2008\nCommenced pt 1, ss 3, 12(1), 18 and 19: 1 January 2008;\nss 7, 10 and 11(1): 6 May 2008; rem: 1 July 2008 (s 2)\nJustice Legislation Amendment Act (No. 2) 2008 (Act No. 27, 2008)\nAssent date 17 October 2008\nCommenced pt 2, div 3: 1 January 2006; rem: 17 October 2008 (s 2)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nAdvance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013)\nAssent date 19 December 2013\nCommenced pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2);\nrem: 17 March 2014 (Gaz S14, 17 March 2014)\nAdvance Personal Planning Amendment Act 2016 (Act No. 13, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (s 2, s 2 Guardianship of Adults Act 2016 (Act\nNo. 15, 2016) and Gaz S74, 27 July 2016, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1, 3, 5 and 7.\n4 LIST OF AMENDMENTS\nr 3 amd No. 22, 1991, r 3; No. 31, 1995, r 2; No. 36, 2013, s 139; Act No. 13,\n2016, s 35\nr 4 rep No. 65, 1991, r 2\nr 5 sub No. 22, 1991, r 4\namd No. 31, 1995, r 3; Act No. 45, 2000, s 12; No. 7, 2008, r 4; Act No. 23,\n2008, s 21; Act No. 27, 2008, s 28\nr 5AA ins No. 7, 2008, r 5\nr 5A ins No. 22, 1991, r 4\namd Act No. 27, 2008, s 29; Act No. 12, 2010, s 3\nr 7 amd No. 31, 1995, r 4; No. 36, 2013, s 139; Act No. 13, 2016, s 35\nr 8 amd No. 31, 1995, r 5; Act No. 27, 2008, s 30\nr 14 amd No. 31, 1995, r 6; No. 36, 2013, s 139\nsch 1 amd No. 18, 1990\nsub No. 22, 1991, r 5\nrep No. 65, 1991, r 3\nsch 2 ins No. 22, 1991, r 5\namd No. 31, 1995, r 7; Act No. 23, 2008, s 21\nrep Act No. 27, 2008, s 31","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain focused on their original purpose of establishing procedural mechanisms for registering powers of attorney. While amendments have updated references (such as replacing the Aged and Infirm Persons Property Act with the Guardianship of Adults Act 2016) and added interstate registration procedures, the core scope—registration processes, notification requirements, and register maintenance—has remained consistent with the original 1982 intent."},"complexity_factors":["Moderate cross-referencing to the Powers of Attorney Act 1980 (the enabling Act) and the Guardianship of Adults Act 2016","Multiple 14-day notification deadlines with different triggering events (death, bankruptcy, revocation, court orders)","Specific technical requirements for registration (attested copies, specimen signatures, authentication methods for corporations)","Three distinct divisions with different rules applying to: (1) general registration, (2) revocation of general/enduring powers, and (3) revocation of powers securing proprietary interests","Incorporation by reference mechanism for common form provisions (regulation 5A) with penalty provisions","Interstate registration requirements requiring certification by legal practitioners or interstate authorities"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for registering and managing powers of attorney in the Northern Territory. A power of attorney is a legal document where one person (the \"donor\") gives another person (the \"donee\") authority to make decisions or sign documents on their behalf.\n\n**Key things covered:**\n\n*   **Registration process:** How to register both local and interstate powers of attorney with the Registrar-General, including what documents are needed and the fees involved.\n*   **Record-keeping:** The Registrar-General must maintain a Register of Powers of Attorney tracking who created the power, when it was lodged, and when it was revoked.\n*   **Notification requirements:** People must notify the Registrar-General within 14 days when:\n    *   Someone dies (donor or donee)\n    *   Someone becomes bankrupt\n    *   A power is revoked or cancelled\n    *   A court makes an order affecting the power\n    *   A donee retires from their role\n*   **Common form provisions:** Allows standard clauses to be pre-registered and incorporated by reference into future powers of attorney, saving repetitive paperwork.\n*   **Interstate recognition:** Special rules for registering powers of attorney created in other Australian states or territories.\n\n**Who it affects:**\n\nAnyone in the Northern Territory who wants to create, register, or revoke a power of attorney, plus legal practitioners, the Registrar-General's office, and people acting as attorneys for others.\n\n**Why it matters:**\n\nRegistration creates an official record that protects both the donor and third parties (like banks or property buyers) who rely on the power of attorney. The notification rules ensure the register stays accurate so people don't accidentally rely on powers that have been cancelled by death, bankruptcy, or court order."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Regulations' scope has been expanded since first made. Key additions include rules for interstate instrument registration (reg 5AA, inserted 2008), recording and reuse of common‑form provisions (reg 5A, inserted 1991), recording guardianship and court orders in the Register (reg 3(2)(e),(f)) and specific links to land dealings (reg 5(2)). These amendments broaden administrative recording duties and the types of instruments the Registrar‑General handles (see amendments listed in the endnotes)."},"complexity_factors":["Multiple strict execution and form requirements for originals and duplicates (reg 5(1A))","Witness, specimen signature and contact details requirements increasing evidentiary checks (reg 5(1A)(iii),(vi))","Separate registration path and certification requirements for interstate instruments (reg 5AA)","Numerous mandatory 14‑day notification obligations for death, retirement, bankruptcy, revocation and court/guardianship orders (regs 7–14)","Registrar‑General powers to retain and deem memoranda registered and to prepare memoranda himself (reg 5A), creating administrative discretion","Interaction with multiple provisions of the Act (sections 7,16–19) and external Guardianship Act references (reg 3(2)(e),(f))","Specific documentary requirements for evidence (original/attested death certificate) and fee payment, adding procedural steps (reg 8)","Penalty for failing to provide copy of incorporated memorandum before execution (reg 5A(5)) coupled with non‑invalidity rule (reg 5A(6)), creating nuanced legal effects"],"plain_english_summary":"These Regulations require the Registrar‑General to keep a Register of Powers of Attorney and set the formal steps to register local and interstate powers: lodging originals or attested copies, prescribed fees, execution and witness/specimen‑signature rules, and certification for interstate instruments. They also impose 14‑day notice duties (death, retirement, bankruptcy, revocation, court or guardianship orders) and allow commonly used provisions to be stored for incorporation in later instruments.\n\nThe rules affect donors, donees, applicants, executors/administrators and legal practitioners. They shift compliance costs to those lodging or notifying matters and give the Registrar‑General administrative discretion over registration and record‑keeping."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication the scope has materially changed from its original 1982 intent. The commencement date of 28/07/2016 likely reflects a reprint or administrative update (Reprint No: REPP030R1) rather than a substantive change in scope. The regulations appear to continue serving their original purpose of providing procedural rules supporting the Powers of Attorney Act."},"complexity_factors":["The document provided contains very little substantive content — mostly metadata and structural headings with no actual regulatory text visible","Powers of attorney regulations are generally procedural in nature, dealing with forms and administrative requirements rather than complex legal principles","Supporting regulations are typically simpler than the primary Act they accompany","Limited information available makes full complexity assessment difficult"],"plain_english_summary":"The Powers of Attorney Regulations 1982 set the formal rules for creating and using powers of attorney in the ACT. They affect anyone granting or appointed under a power of attorney and the professionals (lawyers, banks, agents) who must accept or process them.\n\nBy prescribing required forms, witnessing and lodgement procedures and fees, the regulations determine whether a power of attorney is legally valid — non‑compliance can render a document ineffective for managing finances or property."}},"importantCases":[],"_links":{"self":"/api/acts/powers-of-attorney-regulations-1982","history":"/api/acts/powers-of-attorney-regulations-1982/history","analysis":"/api/acts/powers-of-attorney-regulations-1982/analysis","conflicts":"/api/acts/powers-of-attorney-regulations-1982/conflicts","importantCases":"/api/acts/powers-of-attorney-regulations-1982/important-cases","documents":"/api/acts/powers-of-attorney-regulations-1982/documents"}}