Page 133 - Week 01 - Thursday, 9 April 1992
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
Madam Speaker, the Bill also adds a provision to the principal Act to assist attorneys when the question of whether the donor of an enduring power of attorney was incapacitated becomes an issue. This will provide that a certificate from a medical practitioner will be evidence in proceedings and 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 periodic lapses of 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 her or his actions. The Bill makes a range of other minor technical amendments. 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 form also has useful reminders 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 capable of executing a fresh enduring power of attorney. Madam Speaker, I present the explanatory memorandum for the Bill.
Debate (on motion by Mr Humphries) adjourned.
CRIMES LEGISLATION (STATUS AND CITATION) BILL 1992
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.51): Madam Speaker, I present the Crimes Legislation (Status and Citation) Bill 1992.
Title read by Clerk.
MR CONNOLLY: I move:
That this Bill be agreed to in principle.
This same Bill was presented to the last Assembly but was unable to be debated before that Assembly rose on 17 December 1991. The Crimes Act as it operates within the Australian Capital Territory has its origins in the New South Wales Crimes Act. The Crimes Act 1900 (New South Wales) was in force immediately before the establishment of the ACT and was, therefore, continued in force by the Seat of Government Acceptance Act 1909, an Act of the Commonwealth Parliament. It is for this reason that the Act is conveniently and correctly referred to as the "Crimes Act 1900 (New South Wales), as amended in its application in the Australian Capital Territory by laws of the Territory", or words of similar effect.
The Bill's main purpose is to facilitate the citation of the Crimes Act 1900 without any reference to New South Wales or the qualifying words "in its application in the Territory". In addition, the Bill asserts the status of the Crimes Act as a law of the Australian Capital Territory by deeming it to be an Act of the Legislative Assembly. Aside from the obvious advantage of convenience attaching to the simplified title, this Bill concurs with the principle of self-government by
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .