Section 103C — Protection of Personal and Property Rights Act 1988: Effect of attorney's actions, etc, before notice of revocation or suspension received

103C Effect of attorney's actions, etc, before notice of revocation or suspension received (1) This section applies, instead of section 20(1) to (4) of the Property Law Act 2007, to enduring powers of attorney executed before or after the commencement of section 18 of the Protection of Personal and Property Rights Amendment Act 2007, but subject to section 20(5)(b) of the Property Law Act 2007. (2) An enduring power of attorney continues in force until notice of an event revoking the power is received by the attorney. (3) The authority of an attorney to act under an enduring power of attorney continues in force until notice suspending that authority is received by the attorney. (4) Every act or thing within the scope of the enduring power of attorney done by or to the attorney in good faith before he or she receives notice of any event revoking the power of attorney has effect as if the event had not occurred. (5) Every act or thing within the scope of an enduring power of attorney done by or to the attorney in good faith before he or she receives notice that his or her authority to act under the power of attorney is suspended has effect as if the authority were not suspended. (6) A person dealing with the attorney may rely on a certificate of non-revocation and non-suspension of the enduring power of attorney in the prescribed form as conclusive proof of the non-revocation and non-suspension of the power of attorney as at the date of the certificate if— (a) the person— (i) is dealing with the attorney in good faith; and (ii) does not have actual knowledge that an event revoking the power of attorney has occurred, or that the attorney's authority to act under it has been suspended; and (b) the certificate— (i) is signed by the attorney or, if the attorney is a corporation, an officer or employee of the corporation authorised by the corporation for the purposes of this subsection; and (ii) is given immediately before, or any time after, the doing of a thing by the attorney. (7) A person who knowingly gives a false certificate commits an offence and is liable on summary conviction to a fine not exceeding $5,000. (8) An event revoking the power of attorney means any event described in section 106(1) in which the enduring power of attorney ceases to have effect. Section 103C: inserted, on 25 September 2008, by section 18 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).