2011 No 352 New South Wales Powers of Attorney Regulation 2011 under the Powers of Attorney Act 2003 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Powers of Attorney Act 2003. GREG PEARCE, MLC Minister for Finance and Services Explanatory note The object of this Regulation is to remake, with minor amendments, the provisions of the Powers of Attorney Regulation 2004, which is repealed on 1 September 2011 by section 10 (2) of the Subordinate Legislation Act 1989. This Regulation prescribes the classes of persons who may certify that a document is a true and complete copy of an instrument creating a power of attorney. This Regulation is made under the Powers of Attorney Act 2003, including sections 44 (1) (a) (ii) and 53 (the general regulation-making power). This Regulation comprises or relates to matters set out in Schedule 3 to the Subordinate Legislation Act 1989, namely, matters of a machinery nature and matters that are not likely to impose an appreciable burden, cost or disadvantage on any sector of the public. Published LW 8 July 2011 Page 1 2011 No 352 Clause 1 Powers of Attorney Regulation 2011 Powers of Attorney Regulation 2011 under the Powers of Attorney Act 2003 1 Name of Regulation This Regulation is the Powers of Attorney Regulation 2011. 2 Commencement This Regulation commences on 1 September 2011 and is required to be published on the NSW legislation website. Note. This Regulation replaces the Powers of Attorney Regulation 2004 which is repealed on 1 September 2011 by section 10 (2) of the Subordinate Legislation Act 1989. 3 Definition (1) (2) 4 In this Regulation: the Act means the Powers of Attorney Act 2003. Notes included in this Regulation do not form part of this Regulation. For the purposes of section 44 (1) (a) (ii) of the Act, the following classes of persons are prescribed: (a) in the case of any document endorsed within Australia, the classes of persons referred to in Part 1 of Schedule 1, (b) in the case of any document endorsed within a foreign country, the classes of persons referred to in Part 2 of Schedule 1. Certification of copy of power of attorney 5 Saving Any act, matter or thing that, immediately before the repeal of the Powers of Attorney Regulation 2004, had effect under that Regulation continues to have effect under this Regulation. Page 2 2011 No 352 Powers of Attorney Regulation 2011 Persons who may endorse documents under section 44 (1) (a) (ii) of the Act Schedule 1 Schedule 1 Persons who may endorse documents under section 44 (1) (a) (ii) of the Act (Clause 4) Part 1 Persons who may endorse documents within Australia accountants bank managers barristers chancellors, deputy chancellors or deans of faculties of universities commissioned officers in the defence forces of the Commonwealth of Australia commissioners for taking affidavits dentists judges justices of the peace licensed conveyancers magistrates mayors or general managers of local government councils medical practitioners members of parliament of the Commonwealth or of any State or Territory members of the police force of the Commonwealth or of any State or Territory ministers of religion notaries public officers in charge of police stations pharmacists postal managers of post offices principals or deputy principals of schools or colleges registered surveyors registrars of local courts or magistrates courts solicitors stockbrokers veterinary surgeons Page 3 2011 No 352 Powers of Attorney Regulation 2011 Schedule 1 Persons who may endorse documents under section 44 (1) (a) (ii) of the Act Part 2 Persons who may endorse documents within a foreign country Australian or British Consular Officers exercising functions in the country where the document is executed or witnessed commissioned officers in the defence forces of the Commonwealth of Australia commissioners for taking affidavits judges justices of the peace legal practitioners magistrates mayors or general managers of local government corporations medical practitioners notaries public officers in charge of police stations Page 4