12Lodgment of powers of attorney, &c.

12 Lodgment of powers of attorney, &c.

(1)  A power of attorney or other instrument under this Act may be lodged with the Recorder –

(a) by delivery of the original document; or

(b) if so authorised by the Recorder, by transmission to the Recorder of a copy of the original document –

(i) as a transparency or print from a transparency or from a machine copy; or

(ii) by facsimile process; or

(iii) in any other manner approved by the Recorder; or

(c) by the preparation and lodgment of the power of attorney or other instrument in any form otherwise than as a document –

(i) by any device used for the storage or transmission or processing of information approved by the Recorder; or

(ii) in any other manner approved by the Recorder.

(2)  [Section 12 Subsection (2) substituted by No. 14 of 2008, s. 8, Applied:13 Jun 2008] On lodgment of a power of attorney or other instrument, the Recorder must –

(a) identify the power of attorney or other instrument by endorsing on it a distinctive number, a distinctive letter and number or any other identifying procedure; and

(b) take a copy of the endorsed power of attorney or other instrument; and

(c) return the endorsed power of attorney or other instrument to the person who lodged it.

(3)  A power of attorney or other instrument is taken to be registered –

(a) [Section 12 Subsection (3) amended by No. 14 of 2008, s. 8, Applied:13 Jun 2008] if the register is kept in paper form, by a notation on the copy of the power of attorney that it has been registered; or

(b) if the register is kept on microfilm, by any other medium approved by the Recorder or in such device for storing or processing information as may be so approved, by the Recorder making a notation appropriate to that medium or device that the power of attorney or other instrument has been so registered.