Page 1900 - Week 07 - Wednesday, 22 August 2007
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8AC Missing people’s property—powers and term of manager
(1) The powers that may be given to the manager under section 8AA (3) (Manager for missing person’s property) are the powers the missing person would have if the person were able to exercise them.
(2) However, an order under section 8AA (3) must state the kind of decisions the manager may make and the property in relation to which the power may be exercised.
(3) An order under section 8AA (3) must also state the term of the appointment.
(4) An appointment under section 8AA (3) must not be for more than 2 years, but the tribunal may, on application by the manager or a person mentioned in section 8AB, extend the term for up to 2 years.
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Proposed new clause 4A
Page 4, line 5—
insert
4A New section 27A
in division 2.3, insert
27A Missing people’s property—liability of manager and third party dealings
(1) A manager does not incur any liability, either to a missing person or anyone else, because of conduct done honestly during the manager’s appointment under section 8AA (3) (Manager for missing person’s property) in relation to a missing person’s property if the conduct was for the exercise of a function under the appointment or of a function that the manager believed, on reasonable grounds, was a function under the appointment.
(2) A person (the third party) who deals with a manager in relation to property that is under the manager’s control because of the manager’s appointment under section 8AA (3), does not incur any liability because of the dealing if it was done in the honest belief that the dealing was for the exercise of a function under the appointment.
(3) In this section:
conduct—see the Criminal Code, section 13.
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Proposed new clause 4B
Page 4, line 5—
insert
4B New section 30A
insert
30A Missing people’s property—ending of order
An order appointing a manager to manage a missing person’s property under section 8AA (Manager for missing person’s
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