Page 4628 - Week 15 - Thursday, 21 November 1991
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be evidence in proceedings. This will generally avoid the cost of obtaining certification or second opinions from a range of experts. For example, it is known that some illnesses associated with ageing mean that a person may have lapses in memory or rational thought. If an attorney acts in good faith while the donor is incapacitated, the attorney should be able, if necessary, to rely upon simple proof to support his or her actions.
The Bill makes a range of other minor technical amendments and includes the new form 1 and the revised form 2. I draw to the attention of members the fact that form 2 now includes in its headings on page one the notation "This instrument has effect as a deed". The forms also now have a useful reminder near the signature block for witnesses that witnesses must not be related to the donor or donee of the power.
Finally, the Bill includes a saving provision which deems all forms already executed to be as valid as if they were in the new modified form. This saving provision protects those who may have completed an old form but who are now not mentally capable of executing a fresh enduring power of attorney. I present the explanatory memorandum for the Bill.
Debate (on motion by Mr Collaery) adjourned.
CREDIT (AMENDMENT) BILL 1991
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (11.04): Mr Speaker, I present the Credit (Amendment) Bill 1991. I move:
That this Bill be agreed to in principle.
This Bill amends the Credit Act 1985. The Credit Act is part of a uniform scheme of legislation for the regulation of consumer credit transactions which is presently operating in the Australian Capital Territory, New South Wales, Victoria and Western Australia. The Act protects consumers who enter into credit sale, credit loan and continuing credit contracts for amounts of $20,000 or less. It requires credit providers to comply with certain formalities when making or servicing contracts which are covered by its provisions.
I might say, at this point, that all the States and Territories of Australia are currently working together to develop new and improved uniform credit legislation. Assembly members will be aware that a draft uniform credit Bill is presently circulating throughout Australia for public comment. As they have already been provided with
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