TASIn ForceAct
Guardianship and Administration Act 1995
32CTransactions that may involve conflict of duty
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### 32C Transactions that may involve conflict of duty
> [*\[Section 32C Inserted by No. 40 of 2013, s. 5, Applied:21 Oct 2013\]*](/view/html/inforce/2013-10-21/act-2013-040#GS5@EN)
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> > (1) An enduring guardian may only enter into a transaction that results, or may result, in a conflict of interest, if –
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> > > > (a) the instrument of appointment of the enduring guardian specifies that the transaction may, even though it will or may result in a conflict of interest, be entered into by the enduring guardian; or
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> > > > (b) the transaction is a member of a class of transactions that the instrument of appointment of the enduring guardian specifies may, even though the transactions will or may result in a conflict of interest, be entered into by the enduring guardian; or
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> > > > (c) the instrument of appointment of the enduring guardian specifies that, even though such a transaction will or may result in a conflict of interest, any transaction may be entered into by the enduring guardian.
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> > (2) For the purposes of [subsection (1)](#GS32C@Gs1@EN) , a conflict of interest is a conflict between –
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> > > > (a) the duties of an enduring guardian in respect of the appointor; and
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> > > > (b) either –
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> > > > > > (i) the interests of the enduring guardian, or a relative, business associate or close friend of the enduring guardian; or
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> > > > > > (ii) another duty of the enduring guardian.