6ORecognition of enduring guardians appointed in other States and Territories

6O Recognition of enduring guardians appointed in other States and Territories

6O Recognition of enduring guardians appointed in other States and Territories

(1) An instrument appointing an interstate enduring guardian has effect in this State as if it were an instrument appointing an enduring guardian made under, and in compliance with, this Part, but only to the extent that the functions it confers under the law of the State or Territory in which it was made could validly have been conferred by an instrument appointing an enduring guardian made under this Part.

(2) In particular, an instrument to which subsection (1) applies—

(a) has effect in this State subject to any limitations on the functions it confers that apply to it under the law of the State or Territory in which it was made, and

(b) does not operate to confer any function on an enduring guardian in this State that cannot be conferred on an enduring guardian by or under this Part.

(3) A document signed by an Australian legal practitioner that certifies that an instrument appointing an interstate enduring guardian was made in accordance with the formal requirements of the law of the State or Territory in which it was made is admissible in any proceedings where the appointment is in issue and is prima facie evidence of the matter so certified.

(4) Subsections (1)–(3) apply to an instrument appointing an interstate enduring guardian even if, at the time it was made, it was not an instrument appointing an enduring guardian within the meaning of this section.

(5) In this section—

interstate enduring guardian means a person who is appointed as a guardian by an instrument (or an instrument belonging to a class of instruments) prescribed by the regulations that is made under a law of a State or Territory (other than New South Wales).

s 6O: Ins 2002 No 89, Sch 1 [13]. Am 2007 No 27, Sch 3.2 [3] [4].