NSWIn ForceAct
Powers of Attorney Act 2003
44Proof of powers of attorney
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#### 44 Proof of powers of attorney
44 Proof of powers of attorney
(cf 1919 No 6, s 163A)
> > (1) A document is a certified copy of an instrument for the purposes of this section if—
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> > > (a) there is endorsed on the document a written certificate, to the effect that the document is a true and complete copy of the contents of the instrument of which it purports to be a copy, by—
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> > > > (i) the principal under the power of attorney created by the instrument, or
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> > > > (ii) a person (or person belonging to a class of persons) prescribed by the regulations for the purposes of this subsection, and
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> > > (b) each page of the document bears the signature of the person who gives the certificate referred to in paragraph (a).
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> > (2) A legible document that is a certified copy of an instrument creating a power of attorney is evidence—
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> > > (a) as against the principal under the power of attorney of the execution and contents of the instrument, and
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> > > (b) as against any other person of the contents of the instrument.
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> > (3) Subsection (2) does not make a document better evidence than is the instrument of the contents of which it purports to be a copy.
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> > (4) This section does not affect any other method of proving the execution or contents of an instrument creating a power of attorney.
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> > (5) A person must not give a certificate for the purposes of this section knowing the certificate to be false.
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> > Maximum penalty (subsection (5)): 5 years imprisonment.