NORTHERN TERRITORY OF AUSTRALIA
POWERS OF ATTORNEY ACT 1980
As in force at 1 July 2024
Table of provisions
Part I Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Repeal ............................................................................................. 1
4 Application ....................................................................................... 1
5 Definitions ........................................................................................ 1
Part II Powers of attorney generally
6 Execution of instruments creating or revoking powers .................... 2
6A Recognition of powers under interstate laws ................................... 2
7 Registration ..................................................................................... 3
8 Dealings in land ............................................................................... 4
9 Powers given to secure proprietary interests, &c............................. 4
10 Execution of instruments in pursuance of power ............................. 4
11 Accounts .......................................................................................... 5
12 Proof of instruments creating powers .............................................. 5
Part III Enduring powers of attorney
13 Enduring powers .............................................................................. 6
14 Execution of instrument creating enduring power ............................ 6
15 Enduring powers – powers of Court ................................................ 6
15A Exercise of power ............................................................................ 7
Part IV Revocation of powers of attorney and
protections
16 Revocation of general powers ......................................................... 8
17 Revocation of enduring powers ....................................................... 8
18 Effect of guardianship order............................................................. 8
19 Revocation of powers given to secure proprietary interests,
&c. ................................................................................................... 9
20 Protection of donee ......................................................................... 9
21 Protection of third parties ............................................................... 10
21A Effect of guardianship .................................................................... 10
Part V Miscellaneous
22 Regulations.................................................................................... 10
Powers of Attorney Act 1980 ii
23 Approved forms ............................................................................. 10
24 Registrar-General's directions ....................................................... 11
Schedule 1 Form of acceptance of enduring power of
attorney
Schedule 2 Witnesses to instruments
ENDNOTES
Section 1 - Powers of Attorney Act 1980 - Powers of Attorney Act 1980 | Zoe
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 2024
POWERS OF ATTORNEY ACT 1980
An Act relating to powers of attorney
Part I Preliminary
1 Short title
This Act may be cited as the Powers of Attorney Act 1980.
2 Commencement
This Act shall come into operation on a date to be fixed by the
Administrator by notice in the Gazette.
3 Repeal
The Powers of Attorney Act 1979 is repealed.
4 Application
(1) Unless the contrary intention appears, this Act applies only to and
in relation to powers created after the commencement of this Act.
(2) This Act extends to powers authorizing dealings with land.
5 Definitions
In this Act:
agent, for a person, means any of the following:
(a) a decision maker appointed by the person under the Advance
Personal Planning Act 2013;
(b) a guardian appointed for the person under the Guardianship of
Adults Act 2016;
(d) any other person who has lawful authority to manage the
person's affairs.
approved form means a form approved by the Registrar-General
under section 23.
Part II Powers of attorney generally
Powers of Attorney Act 1980 2
Court, means the Local Court.
enduring power means a power created by an instrument referred
to in section 13.
legal incapacity, in relation to a person, means such a state of
mental or physical incapacity that he is not capable of managing his
affairs.
power means power of attorney.
prescribed, in relation to fees, means prescribed under the
Registration Act 1927.
Public Guardian, see section 3 of the Guardianship of Adults
Act 2016.
Public Trustee, see section 5 of the Public Trustee Act 1979.
registered means registered as prescribed.
Part II Powers of attorney generally
6 Execution of instruments creating or revoking powers
(1) This section does not apply in respect of an instrument creating a
power executed by a body corporate as a donor.
(2) Subject to this Act and any other law in force in the Territory, an
instrument creating or revoking a power shall be signed by or by
direction and in the presence of the donor of the power.
(3) An instrument creating or revoking a power shall be valid and
effectual although not under seal.
(4) An instrument creating a power must be executed in the presence
of and attested by:
(a) if the instrument is signed by the donor – a person mentioned
in Schedule 2; or
(b) if the instrument is signed by direction of, and in the presence
of, the donor – a person mentioned in Schedule 2 and another
person.
6A Recognition of powers under interstate laws
(1) This section applies to a power regardless of when it is executed.
Part II Powers of attorney generally
Powers of Attorney Act 1980 3
(2) Subsection (3) applies if:
(a) the power is executed under the law of a State or another
Territory (the interstate general power); and
(b) under the law, the interstate general power is revoked if the
donor of the power subsequently becomes legally incapable.
(3) The interstate general power is taken to be a general power created
under this Act to the extent that the powers it gives could validly
have been given by a general power created under this Act.
(4) Subsection (5) applies if:
(a) the power is executed under the law of a State or another
Territory (the interstate enduring power); and
(b) under the law, the interstate enduring power is not revoked if
the donor of the power subsequently becomes legally
incapable; and
(c) the instrument creating the power is not a recognised
interstate document under section 88 of the Advance Personal
Planning Act 2013.
(5) The interstate enduring power is taken to be an enduring power
created under this Act to the extent that the powers it gives could
validly have been given by an enduring power created under this
Act.
(6) In this section:
general power means a power to which section 16 applies.
7 Registration
(1) An instrument creating or revoking a power may be registered.
(1A) An instrument creating or revoking a power, including an enduring
power, executed in a State or another Territory under the law of the
State or Territory may be registered regardless of when it is
executed.
(2) The fee for registration under subsection (1) is the prescribed fee.
Part II Powers of attorney generally
Powers of Attorney Act 1980 4
8 Dealings in land
(1) Subject to this section, a dealing in relation to land (a lease of land
for a period of not more than one year excepted) purporting to take
effect in pursuance of the exercise of a power shall be of no force
or effect unless the instrument creating the power is registered.
(2) Subject to any other law in force in the Territory, upon the
registration, at any time subsequent to a dealing in relation to land
referred to in subsection (1), of the instrument creating the power,
the dealing shall take effect as if the instrument creating the power
had been registered before the instrument purporting to give effect
to the dealing.
(4) The fee for registration of a dealing in relation to land is the
prescribed fee.
9 Powers given to secure proprietary interests, &c.
(1) A power given to secure a proprietary interest of the donee of the
power may be given to the person entitled to the interest and the
persons deriving title to the interest through him, and those latter
persons shall, while they hold the interest, be duly constituted
donees of the power for all purposes of the power.
(2) Subsection (1) does not affect any right given by the power to
appoint substitutes.
10 Execution of instruments in pursuance of power
(1) This section applies to and in relation to a power created either
before or after the commencement of this Act.
(2) Unless the contrary intention appears in the instrument creating the
power, the donee of a power may:
(a) execute any instrument with his own signature and, where
sealing is required, with his own seal; and
(b) do any other thing in his own name,
by the authority of the donor of the power and any such instrument
or thing shall be as effective as if executed or done, as the case
may be, by the donor of the power.
(3) A donee of a power shall not execute any instrument in accordance
with the power unless he executes that instrument in such a way as
to show that:
(a) he does so for and on behalf of the donor of the power; and
Part II Powers of attorney generally
Powers of Attorney Act 1980 5
(b) if the instrument creating the power is registered at the time of
the execution of the instrument first mentioned, the instrument
creating the power is registered.
11 Accounts
The donee of a power shall keep, and furnish to the donor at the
donor's request and expense, a true and accurate record of any
transaction entered into by him as donee of the power charging or
otherwise disposing of, whether for valuable consideration or
otherwise, any of the assets of the donor of the power.
12 Proof of instruments creating powers
(1) This section does not affect the application of any other law in force
in the Territory in relation to the proof of documents.
(2) The contents of an instrument creating or revoking a power may be
proved by means of a copy of the instrument which:
(a) is a reproduction of the original instrument made with a
photographic or other device for reproducing documents in
facsimile; and
(b) contains the following certificate or certificates signed by the
donor of the power or by a legal practitioner:
(i) a certificate at the end of the copy to the effect that the
copy of the instrument is a true and complete copy of the
original instrument; and
(ii) if the original instrument consists of 2 or more pages, a
certificate at the end of each page of the copy of the
instrument to the effect that it is a true and complete
copy of the corresponding page of the original
instrument.
(3) Where a copy of an instrument creating or revoking a power has
been made which complies with subsection (2), the contents of the
original instrument may also be proved by means of a copy of that
copy if the further copy itself complies with that subsection, taking
references in it to the original instrument as references to the copy
from which the further copy is made.
(4) A person shall not sign a certificate under subsection (2)(b) or (3)
knowing it to be false.
Maximum penalty: 8 penalty units.
Part III Enduring powers of attorney
Powers of Attorney Act 1980 6
Part III Enduring powers of attorney
Note for Part III
Although a new enduring power of attorney cannot be created in the Territory
after the commencement of section 8 of the Advance Personal Planning
Act 2013, this Part continues to have effect in relation to enduring powers of
attorney created in the Territory before that date and to interstate enduring
powers recognised under section 6A(4) regardless of when they were created.
13 Enduring powers
Subject to this Act, a power created by an instrument which:
(aa) was executed before the commencement of section 8 of the
Advance Personal Planning Act 2013; and
(a) expressly evidences an intention on the part of the donor of
the power that the power shall continue in effect
notwithstanding any subsequent legal incapacity of the donor
of the power; and
(b) has endorsed thereon or annexed thereto a statement of
acceptance in or to the effect of Schedule 1 by the donee of
the power; and
(c) is registered,
may be exercised by the donee of the power notwithstanding any
legal incapacity of the donor of the power occurring after the
execution of the instrument creating the power.
14 Execution of instrument creating enduring power
A person who witnesses an instrument creating an enduring power
under section 6(4) must not be a party to the instrument or near
relative of the donee of the power.
15 Enduring powers – powers of Court
(1) The donee of an enduring power shall not retire without the leave of
the Court.
(2) The Public Trustee, the Public Guardian, an agent for the donor of
an enduring power or any other person who has an interest in any
property which may be dealt with by the donee of an enduring
power may, at any time after the donor of the enduring power is
legally incapacitated, apply to the Court for an order:
(a) requiring the donee of the enduring power to file in the Court
and serve on the applicant for the order, a copy of the records
referred to in section 11; or
Part III Enduring powers of attorney
Powers of Attorney Act 1980 7
(b) requiring records referred to in section 11 to be audited by an
auditor appointed by the Court, and requiring a copy of the
report of that auditor to be furnished to the Court and the
applicant for the order; or
(c) revoking or varying the terms of the instrument creating the
enduring power in such manner as the Court thinks fit
(including by the appointment of a substitute donee of the
power); or
(d) giving such orders to the donee of the power as the Court
thinks fit for the purpose of facilitating a reasonable and
workable division of decision making authority between the
donee and any agents for the donor of the power.
(3) The Court has jurisdiction to make an order sought in an application
under this section.
(4) The power of the Court under subsection (3) includes the power to
appoint the Public Trustee as a substitute donee.
(5) An order or grant of leave under this section may be subject to such
terms and conditions as the Court thinks fit.
(6) In deciding whether to make an order under subsection (2)(c) or (d),
the Court must take into account whether the donor of the enduring
power has an advance personal plan (as defined in section 3 of the
Advance Personal Planning Act 2013) and, if so, the terms of the
plan (including as to any appointment of a decision maker).
15A Exercise of power
(1) If the donor of an enduring power has made an advance care
statement (as defined in section 3 of the Advance Personal
Planning Act 2013), the donee of the power must exercise that
power so as to give effect to the statement even if doing so is not in
the donor's best interests, unless:
(a) the donor, having capacity to do so, states that he or she does
not want effect to be given to that statement; or
(b) a circumstance mentioned in section 23(1) or (2) of the
Advance Personal Planning Act 2013 exists.
(2) If the donor of an enduring power has one or more agents, the
donee of the power must cooperate with all such persons to enable
all of them to properly exercise their powers and perform their
duties for the donor.
Part IV Revocation of powers of attorney and protections
Powers of Attorney Act 1980 8
Part IV Revocation of powers of attorney and
protections
16 Revocation of general powers
Subject to this Part, a power is revoked by:
(a) the death of the donor or donee of the power;
(b) the legal incapacity of the donor or donee of the power at any
time after the execution of the instrument creating the power;
(c) the retirement of the donee of the power;
(d) the donor or donee of the power's becoming bankrupt,
applying to take the benefit of any law for the relief of bankrupt
or insolvent debtors, compounding with his creditors or making
an assignment of his remuneration for their benefit; or
(e) the revocation of the power by the donor of the power.
17 Revocation of enduring powers
(1) This section applies to and in relation to enduring powers.
(2) Subject to this Part (section 16 excepted), an enduring power is
revoked:
(a) by the occurrence of any of the events referred to in
section 16(a), (c), (d) or (e) in relation to the power;
(b) by the legal incapacity of the donee of the power at any time
after the execution of the instrument creating the power; or
(c) upon the order of the Court under section 15(2)(c) revoking
the power coming into operation,
whichever is the sooner.
18 Effect of guardianship order
Subject to section 19, upon the making of a guardianship order
under the Guardianship of Adults Act 2016, a power is revoked to
the extent to which it authorizes the donee of the power to deal with
property the subject of the guardianship order.
Part IV Revocation of powers of attorney and protections
Powers of Attorney Act 1980 9
19 Revocation of powers given to secure proprietary interests,
&c.
(1) This section applies to and in relation to powers which are granted
to secure a proprietary interest of the donee of the power or the
performance of an obligation owed to the donee of the power and
are expressed in the instrument creating the power to be
irrevocable.
(2) While the donee of a power to which this section applies has the
proprietary interest referred to in subsection (1) or while the
obligation referred to in that subsection remains undischarged, the
power:
(a) shall not be revoked by the donor without the consent of the
donee;
(b) is not revoked by the death, legal incapacity or bankruptcy of
the donor or, if the donor is a body corporate, by its winding up
or dissolution; and
(c) is not revoked upon the making of a protection order under the
Aged and Infirm Persons' Property Act 1979 unless the Court
expressly revokes it.
(3) Where the donor of a power is a protected person within the
meaning of the Aged and Infirm Persons' Property Act 1979, the
Court may revoke or vary the terms of the instrument creating the
power in such manner as the Court thinks fit.
20 Protection of donee
The donee of a power which has been revoked who acts in
pursuance of the power shall not incur any liability by reason of the
revocation either to the donor of the power or to any other person:
(a) unless the donee of the power has actual notice of the
revocation of the power; or
(b) if the power has been created by an instrument which has
been registered:
(i) and the act is an act with respect to a dealing in relation
to land (a lease for a period of not more than one year
excepted) – unless an instrument revoking the power
has been registered; or
(ii) in any other case – unless a period of 30 days from the
registration of an instrument revoking the power has
elapsed.
Part V Miscellaneous
Powers of Attorney Act 1980 10
21 Protection of third parties
Where a power has been revoked, a transaction between the
donee of the power and another person shall be as valid and
effectual, in favour of that latter person, as if the power had not
been revoked:
(a) unless the latter person has actual notice of the revocation of
the power; or
(b) if the power has been created by an instrument which has
been registered:
(i) and the transaction is a dealing in relation to land (a
lease for a period of not more than one year excepted) –
unless an instrument revoking the power has been
registered; or
(ii) in any other case – unless a period of 30 days from the
registration of an instrument revoking the power has
elapsed.
21A Effect of guardianship
The appointment of a guardian under the Guardianship of Adults
Act 2016 for a person who is the donor of an enduring power of
attorney does not revoke that power.
Part V Miscellaneous
22 Regulations
(1) The Administrator may make regulations, not inconsistent with this
Act, prescribing all matters that are required or permitted by this Act
to be prescribed or are necessary or convenient to be prescribed
for giving effect to this Act.
(2) Without limiting the generality of subsection (1), the Regulations
may make provision for or with respect to:
(a) the establishment of a register;
(c) the practice and procedure to be followed,
in relation to the registration of instruments under this Act.
23 Approved forms
The Registrar-General may approve forms for use under this Act.
Part V Miscellaneous
Powers of Attorney Act 1980 11
24 Registrar-General's directions
(1) The Registrar-General may, by Gazette notice, issue directions
relating to the requirements for lodging, registering, witnessing or
giving documents under this Act.
(2) The notice must specify a place where the directions are available
for inspection by the public, without charge, during normal business
hours.
(3) A person must comply with the directions unless the Registrar-
General dispenses with compliance.
(4) The Registrar-General must comply with a direction from the
Minister concerning the directions.
Schedule 1 Form of acceptance of enduring power of attorney
Powers of Attorney Act 1980 12
Schedule 1 Form of acceptance of enduring power of
attorney
section 13(b)
I, , the donee of the power of attorney created by the
instrument on which this acceptance is endorsed/to which this acceptance is
annexed*, acknowledge that:
(a) the power of attorney is an enduring power; that is, it may, if
registered, be exercised by me notwithstanding any legal
incapacity, within the meaning of the Powers of Attorney
Act 1980, of , the donor of the
power of attorney, occurring after the execution of that
instrument; and
(b) I will, by accepting this power of attorney, be subject to the
requirements of Part III of the Powers of Attorney Act 1980.
...........…………….....................
(Donee of the power of attorney)
Delete if inapplicable
Schedule 2 Witnesses to instruments
Powers of Attorney Act 1980 13
Schedule 2 Witnesses to instruments
section 6(4)
Place of execution of instrument Persons who can witness execution
The Territory a commissioner for oaths
a member of the Legislative Assembly
a legal practitioner
a person holding office under the
Supreme Court Act 1979, Justices of the
Peace Act 1991, Local Court Act 2015 or
Registration Act 1927
a police officer
a person licensed as a conveyancing
agent or real estate agent under the
Agents Licensing Act 1979
a Notary Public
any other person approved by the
Registrar-General
A State or another Territory any person approved by Registrar-
General's directions
A place outside Australia any person approved by Registrar-
General's directions
ENDNOTES
Powers of Attorney Act 1980 14
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Powers of Attorney Act 1980 (Act No. 25, 1980)
Assent date 14 March 1980
Commenced 28 January 1983 (Gaz S5, 28 January 1983)
Powers of Attorney Amendment Act 1980 (Act No. 11, 1981)
Assent date 9 January 1981
Commenced 9 January 1981
Powers of Attorney Amendment Act 1988 (Act No. 42, 1988)
Assent date 14 September 1988
Commenced 30 June 1989 (s 2, s 2 Adult Guardianship Act 1988 (Act
No. 45, 1988) and Gaz G25, 28 June 1989, p 5)
Statute Law Revision (Registration of Instruments) Act 1991 (Act No. 12, 1991)
Assent date 31 May 1991
Commenced 31 May 1991
Registration (Consequential Amendments) Act 1991 (Act No. 55, 1991)
Assent date 26 September 1991
Commenced 1 January 1992 (s 2, s 2 Registration Amendment Act 1991
(Act No. 54, 1991) and Gaz G49, 11 December 1991, p 4)
Statute Law Revision Act 1992 (Act No. 46, 1992)
Assent date 7 September 1992
Commenced 7 September 1992
Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)
Assent date 12 September 2000
Commenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,
2000) and Gaz G38, 27 September 2000, p 2)
ENDNOTES
Powers of Attorney Act 1980 15
Justice Legislation Amendment Act 2008 (Act No. 2, 2008)
Assent date 11 March 2008
Commenced 1 May 2008 (Gaz G17, 30 April 2008, p 5)
Justice Legislation Amendment Act (No. 2) 2008 (Act No. 27, 2008)
Assent date 17 October 2008
Commenced pt 2, div 3: 1 January 2006; rem: 17 October 2008 (s 2)
Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)
Assent date 20 May 2010
Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)
Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,
2010)
Assent date 18 November 2010
Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations
Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,
p 4)
Advance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013)
Assent date 19 December 2013
Commenced pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2);
rem: 17 March 2014 (Gaz S14, 17 March 2014)
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
Advance Personal Planning Amendment Act 2016 (Act No. 13, 2016)
Assent date 7 June 2016
Commenced 28 July 2016 (s 2, s 2 Guardianship of Adults Act 2016 (Act
No. 15, 2016) and Gaz S74, 27 July 2016, p 1)
Guardianship of Adults Act 2016 (Act No. 15, 2016)
Assent date 7 June 2016
Commenced 28 July 2016 (Gaz S74, 27 July 2016, p 1)
Health Care Decision Making Act 2023 (Act No. 19, 2023)
Assent date 17 August 2023
Commenced 1 July 2024 (Gaz G13, 20 June 2024, p 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 5, 6A, 13, 15, 15A, 18, 19
and 21A and sch 1 and 2.
4 LIST OF AMENDMENTS
s 5 amd No. 12, 1991, s 5; No. 55, 1991, s 4; No. 27, 2008, s 12; No. 36, 2013,
s 121; No. 15, 2016, s 117; No. 13, 2016, s 35
s 6 amd No. 27, 2008, s 13
ENDNOTES
Powers of Attorney Act 1980 16
s 6A ins No. 2, 2008, s 15
amd No. 36, 2013, s 122
s 7 amd No. 55, 1991, s 4; No. 45, 2000, s 7; No. 2, 2008, s 16
s 8 amd No. 11, 1981, s 3; No. 12, 1991, s 5; No. 55, 1991, s 4
s 12 amd No. 12, 2010, s 3
pt III note ins No. 36, 2013, s 123
s 13 amd No. 36, 2013, s 124
s 14 sub No. 27, 2008, s 14
s 15 amd No. 36, 2013, s 125; No. 15, 2016, s 117
s 15A ins No. 36, 2013, s 126
amd No. 19, 2023, s 102
s 17 amd No. 8, 2016, s 45
s 18 amd No. 13, 2016, s 35
s 19 amd No. 36, 2013, s 127
s 21A ins No. 42, 1988, s 3
amd No. 15, 2016, s 117
s 22 amd No. 46, 1992, s 13
ss 23 – 24 ins No. 27, 2008, s 15
sch 2 ins No. 27, 2008, s 16
amd No. 40, 2010, s 118; No. 8, 2016, s 45