29Instruments made in exercise of power of attorney

29 Instruments made in exercise of power of attorney

(1)  If a dealing, application or instrument is made, or appears to be made, in the exercise of a power of attorney, the Recorder may register the dealing, application or instrument if the attestation clause in it contains a declaration –

(a) if the donee of the power is an individual, other than a corporation, that the donee has not received notice of revocation of the power; or

(b) if the donee of the power is a corporation, that the individual executing the dealing, application or instrument has not received notice of revocation of the power.

(2)  If the attestation clause referred to in subregulation (1) does not contain a declaration in accordance with that subregulation, a declaration to that effect is to be lodged with the Recorder in the approved form.

(3)  A declaration under subregulation (2) is to be made –

(a) if the donee of the power is an individual, by the donee; or

(b) if the donee of the power is a corporation, by at least one individual executing the dealing, application or instrument.

(4)  A person must not make a declaration under this regulation that is false or misleading.

Penalty:  Fine not exceeding 10 penalty units.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 23 November 2022

These regulations are administered in the Department of Natural Resources and Environment Tasmania.