44Proof of foreign execution or registration

44 Proof of foreign execution or registration

(1)  For the purposes of this Part, a certificate of a legal practitioner that –

(a) an instrument creating a power of attorney is registered in another State or a Territory; or

(b) an instrument creating or revoking a power of attorney was executed in accordance with the law of a specified State or Territory or the law of the place of execution –

is evidence of that fact.

(2)  A legal practitioner who gives the certificate may be a legal practitioner in Australia or in the other place of execution.

(3)  A certificate referred to in subsection (1)(b) is not evidence of the capacity of the donor to create or revoke the power of attorney.

(4)  [Section 44 Subsection (4) inserted by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] For the purpose of this section –

legal practitioner means an Australian lawyer or, in the case of execution or registration of a power of attorney outside Australia, a legal practitioner of that place of execution or registration.