TASIn ForceAct
Guardianship and Administration Act 1995
35Advice or directions as to instruments of appointment
Start here
Get a plain-English read of 35
Turn the raw legal text into a practical explanation grounded in Guardianship and Administration Act 1995.
### 35 Advice or directions as to instruments of appointment
> > (1) [*\[Section 35 Subsection (1) amended by No. 18 of 2021, s. 135, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS135@Hpa@EN) An enduring guardian may apply for advice or direction by the Tribunal on any matter relating to the scope of his or her appointment as such or the exercise of any power by the guardian under the instrument of appointment.
>
> > (2) [*\[Section 35 Subsection (2) amended by No. 18 of 2021, s. 135, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS135@Hpb@EN) The Tribunal may require notice of an application under [subsection (1)](#GS35@Gs1@EN) to be given to any person that the Tribunal directs and may exercise its powers under this section without a hearing.
>
> > (3) [*\[Section 35 Subsection (3) amended by No. 18 of 2021, s. 135, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS135@Hpc@EN) The Tribunal may –
> >
> > > > (a) approve or disapprove of any act proposed to be done by the enduring guardian; and
> > >
> > > > (b) give such advice or direction as it considers appropriate; and
> > >
> > > > (c) vary the effect of the instrument of appointment or make any other order that it could have made on an application for a guardianship order.
>
> > (4) [*\[Section 35 Subsection (4) amended by No. 18 of 2021, s. 135, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS135@Hpd@EN) The Tribunal of its own motion may direct, or offer advice to, an enduring guardian in respect of any matter.
>
> > (5) An enduring guardian who contravenes a direction given to him or her under this section is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.