Page 3724 - Week 12 - Tuesday, 21 November 2006

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Schedules of amendments

Schedule 1

Powers of Attorney Bill 2006

Amendment moved by the Attorney-General

1

Clause 32 (2)

Page 20, line 9—

omit clause 32 (2), substitute

(2) Also, a power under an enduring power of attorney can be exercised—

(a) while the principal has impaired decision-making capacity; and

(b) whether or not a condition about when the power is to start to operate is satisfied.

Example

An enduring power of attorney appointing Jack is stated to take effect on 3 January 2007. However, the principal becomes a person with impaired decision-making capacity on 27 October 2006. Jack can exercise a power under the enduring power of attorney starting on 27 October 2006.

Note 1 A medical certificate can be evidence that the principal had, or did not have, impaired decision-making capacity (see s 87).

Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Schedule 2

Powers of Attorney Bill 2006

Amendment moved by Mr Stefaniak

1

Proposed new clause 86A

Page 52, line 13—

insert

86A Act does not authorise euthanasia  etc

To remove any doubt, this Act does not—

(a) authorise, justify or excuse the killing of a person; or

(b) affect in any way a prosecution for an offence against a provision of the Crimes Act 1900, part 2 (Offences against the person).

Note See the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 23 (1A).

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