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Powers of Attorney Act 2006
52Relief from personal liability
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52 Relief from personal liability
(1) This section applies if a court considers that—
(a) an attorney is, or may be, personally liable for a contravention
of this Act; and
(b) the attorney has acted honestly and reasonably and ought fairly
to be excused for the contravention.
(2) The court may relieve the attorney from all or part of the attorney’s
personal liability for the contravention.
(3) If the attorney is an attorney under an enduring power of attorney, in
deciding whether the attorney should be relieved of liability, the court
must consider the extent to which the attorney has acted consistently
with the general principles.
(4) In this section:
court includes the ACAT.
Note An enduring power of attorney, or part of the power, may also be revoked
by the ACAT.