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Powers of Attorney Act 1998
sec.24ADefinitions for part
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### sec.24A Definitions for part
In this part—
accepted method , for electronically signing a general power of attorney, means—
a method prescribed under section 24G ; or
if no method is prescribed, and subject to a regulation prescribing under section 24G a method that is not an accepted method for electronically signing a general power of attorney, a method that—
identifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and
is either—
as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or
proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.
business —
means—
a corporation; or
a partnership under the Partnership Act 1891 , section 5 ; or
another unincorporated association; but
does not include an enterprise carried on by a sole trader.
corporation includes—
a corporation under the Corporations Act , section 57A ; and
a corporation sole; and
a statutory corporation.
counterpart , for a document, see section 24B .
document ...
s 24A def document om 2023 No. 23 s 247 sch 1 s 32
electronically sign , a document, means sign the document using an accepted method.
electronic document ...
s 24A def electronic document om 2023 No. 23 s 247 sch 1 s 32
general power of attorney means a general power of attorney made under this Act.
information includes information in the form of data, text or images.
make , in relation to a document, includes execute.
physical document means a document other than an electronic document.
s 24A def physical document sub 2023 No. 23 s 247 sch 1 s 32
seal , of a corporation, includes a common seal of the corporation.
sign , a document, means—
for a physical document—physically sign the document; or
for an electronic document—electronically sign the document.
statutory corporation means an entity established, incorporated or registered under an Act of the Commonwealth or a State, that is not a corporation registered under the Corporations Act .
witness , a document, includes witness the signing of the document.
s 24A ins 2021 No. 23 s 46
- (a) a method prescribed under section 24G ; or
- (b) if no method is prescribed, and subject to a regulation prescribing under section 24G a method that is not an accepted method for electronically signing a general power of attorney, a method that— (i) identifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and (ii) is either— (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.
- (i) identifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and
- (ii) is either— (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.
- (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or
- (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.
- (i) identifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and
- (ii) is either— (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.
- (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or
- (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.
- (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or
- (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.
- (a) means— (i) a corporation; or (ii) a partnership under the Partnership Act 1891 , section 5 ; or (iii) another unincorporated association; but
- (i) a corporation; or
- (ii) a partnership under the Partnership Act 1891 , section 5 ; or
- (iii) another unincorporated association; but
- (b) does not include an enterprise carried on by a sole trader.
- (i) a corporation; or
- (ii) a partnership under the Partnership Act 1891 , section 5 ; or
- (iii) another unincorporated association; but
- (a) a corporation under the Corporations Act , section 57A ; and
- (b) a corporation sole; and
- (c) a statutory corporation.
- (a) for a physical document—physically sign the document; or
- (b) for an electronic document—electronically sign the document.