30Power to delegate trusts during absence abroad[[6]](#endnote-7)

30 Power to delegate trusts during absence abroad[[6]](#endnote-7) S. 30(1) amended by Nos 55/1987 s. 57(3)(Sch. 5 item 64), 45/1994 s. 42(Sch. item 12.8). (1) Where a trustee has never resided in Victoria, or is absent from Victoria, or is about to depart from Victoria, he may, notwithstanding any rule of law or equity to the contrary, by power of attorney delegate to any person (including a trustee company) the execution or exercise while he is out of Victoria of all or any trusts, powers and discretions vested in him as trustee, either alone or jointly with any other person or persons: S. 30(1) Proviso amended by Nos 55/1987 s. 57(3)(Sch. 5 item 65), 45/1994 s. 42(Sch. item 12.8). Provided that a person being the only other co‑trustee and not being a trustee company shall not be appointed to be an attorney under this subsection. (2) The donor of a power of attorney given under this section shall be liable for the acts and defaults of the donee in the same manner as if they were the acts or defaults of the donor; and the donee shall be subject to the jurisdiction and powers of any court so far as respects the execution of the trusts powers and discretions delegated to him in the same manner as if he were the trustee. (3) A power of attorney given pursuant to this section— (a) if the donor is out of Victoria when he executes it—shall, subject to this section, come into operation forthwith after its receipt in Victoria; (b) if the donor is in Victoria when he executes it—shall, subject to this section, come into operation when the donor leaves Victoria; and (c) if the donor comes into Victoria after it has come into operation—shall cease to operate while the donor remains in Victoria, but from time to time shall, unless the instrument otherwise provides, come into operation again whenever the donor is out of Victoria. S. 30(4)–(7) repealed by No. 9421 s. 5(3). (8) For the purpose of executing or exercising the trusts or powers delegated to him, the donee may exercise any of the powers conferred on the donor as trustee by statute or by the instrument creating the trust, including power, for the purpose of the transfer of any inscribed stock, himself to delegate to an attorney power to transfer but not including the power of delegation conferred by this section. (9) The fact that it appears from any power of attorney given under this section, or from any evidence required for the purposes of any such power of attorney or otherwise, that in dealing with any stock the donee of the power is acting in the execution of a trust shall not be deemed for any purpose to affect any person in whose books the stock is inscribed or registered with any notice of the trust. (10) In this section ***trustee*** includes a tenant for life and a statutory owner. No. 5770 s. 31.