QLDIn ForceAct
Powers of Attorney Act 1998
sec.45Proof of enduring document
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### sec.45 Proof of enduring document
An enduring document may be proved by a copy of the enduring document certified under this section.
The copy must be certified to the effect that it is a true and complete copy of the original.
Certification must be by 1 of the following persons—
the principal;
a justice;
justice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 .
a commissioner for declarations;
a notary public;
a lawyer;
lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 .
a trustee company under the Trustee Companies Act 1968 ;
a stockbroker.
If a copy of an enduring document has been certified under this section, the enduring document may also be proved by a copy, certified under this section, of the certified copy.
This section does not prevent an enduring document being proved in another way.
s 45 amd 2019 No. 9 s 65 ; 2023 No. 27 s 289 sch 3
(sec.45-ssec.1) An enduring document may be proved by a copy of the enduring document certified under this section.
(sec.45-ssec.2) The copy must be certified to the effect that it is a true and complete copy of the original.
(sec.45-ssec.3) Certification must be by 1 of the following persons— the principal; a justice; justice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 . a commissioner for declarations; a notary public; a lawyer; lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 . a trustee company under the Trustee Companies Act 1968 ; a stockbroker.
(sec.45-ssec.4) If a copy of an enduring document has been certified under this section, the enduring document may also be proved by a copy, certified under this section, of the certified copy.
(sec.45-ssec.5) This section does not prevent an enduring document being proved in another way.
- (a) the principal;
- (b) a justice; Note— justice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 .
- (c) a commissioner for declarations;
- (d) a notary public;
- (e) a lawyer; Note— lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 .
- (f) a trustee company under the Trustee Companies Act 1968 ;
- (g) a stockbroker.