32ADKeeping of records, &c.

32AD Keeping of records, &c.

[Section 32AD Inserted by No. 39 of 2013, s. 15, Applied:01 Feb 2014]

(1)  An attorney under an enduring power of attorney must keep an accurate record of all dealings and transactions made as the attorney.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person who has ceased to be an attorney under an enduring power of attorney must –

(a) retain, for at least 7 years after so ceasing, an accurate record of all dealings and transactions made as the attorney; or

(b) [Section 32AD Subsection (2) amended by No. 18 of 2021, s. 310, Applied:05 Nov 2021] provide to the Tribunal an accurate record of all dealings and transactions made as the attorney.

Penalty:  Fine not exceeding 20 penalty units.

(3)  [Section 32AD Subsection (3) amended by No. 18 of 2021, s. 310, Applied:05 Nov 2021] A person with a proper interest in the matter may, in writing, request the Tribunal to exercise its power under subsection (4) in relation to a person who is or was an attorney under an enduring power of attorney.

(4)  [Section 32AD Subsection (4) amended by No. 18 of 2021, s. 310, Applied:05 Nov 2021] [Section 32AD Subsection (4) amended by No. 18 of 2021, s. 310, Applied:05 Nov 2021] The Tribunal, after receiving under subsection (3) a request in relation to –

(a) a person who is an attorney under an enduring power of attorney; or

(b) [Section 32AD Subsection (4) amended by No. 18 of 2021, s. 310, Applied:05 Nov 2021] a person who was, within the previous 7 years, an attorney under an enduring power of attorney and who has not provided an accurate record to the Tribunal in accordance with subsection (2)(b)  –