sec.47Application of division to powers of attorney

### sec.47 Application of division to powers of attorney Each of the following documents made by an individual must be a physical document that is signed by the individual in the presence of a witness— a general power of attorney made under the Powers of Attorney Act 1998 ; a power of attorney given under a deed. However, a document containing a power of attorney given by an individual under a deed may be an electronic document that is electronically signed by the individual if— the document is part of a commercial or other arms-length transaction; and the power of attorney is given for the purpose of the commercial or other arms-length transaction. a document containing a power of attorney given by an individual under a deed as security for a proprietary interest of another party to the document or the performance of an obligation owed by the individual To remove any doubt, it is declared that— subsection (2) applies to a document even if the document is executed at a different time from, and is separate to, other documents that form part of the transaction; and a power of attorney given by an individual under a deed under subsection (2) may be signed under subsection (2) whether or not in the presence of a witness. This section applies— subject to section 53 ; and despite another provision of this division. In this section— individual includes an individual in the individual’s capacity as a sole trader. (sec.47-ssec.1) Each of the following documents made by an individual must be a physical document that is signed by the individual in the presence of a witness— a general power of attorney made under the Powers of Attorney Act 1998 ; a power of attorney given under a deed. (sec.47-ssec.2) However, a document containing a power of attorney given by an individual under a deed may be an electronic document that is electronically signed by the individual if— the document is part of a commercial or other arms-length transaction; and the power of attorney is given for the purpose of the commercial or other arms-length transaction. a document containing a power of attorney given by an individual under a deed as security for a proprietary interest of another party to the document or the performance of an obligation owed by the individual (sec.47-ssec.3) To remove any doubt, it is declared that— subsection (2) applies to a document even if the document is executed at a different time from, and is separate to, other documents that form part of the transaction; and a power of attorney given by an individual under a deed under subsection (2) may be signed under subsection (2) whether or not in the presence of a witness. (sec.47-ssec.4) This section applies— subject to section 53 ; and despite another provision of this division. (sec.47-ssec.5) In this section— individual includes an individual in the individual’s capacity as a sole trader. - (a) a general power of attorney made under the Powers of Attorney Act 1998 ; - (b) a power of attorney given under a deed. - (a) the document is part of a commercial or other arms-length transaction; and - (b) the power of attorney is given for the purpose of the commercial or other arms-length transaction. - (a) subsection (2) applies to a document even if the document is executed at a different time from, and is separate to, other documents that form part of the transaction; and - (b) a power of attorney given by an individual under a deed under subsection (2) may be signed under subsection (2) whether or not in the presence of a witness. - (a) subject to section 53 ; and - (b) despite another provision of this division.