New regulation on documents, oaths in effect today

The Justice Legislation (COVID-19 Emergency Response – Documents and Oaths) Amendment Regulation 2021 (Amendment Regulation) commenced today, 14 April 2021.

The Amendment Regulation amends the Justice Legislation (COVID-19 Emergency Response – Documents and Oaths) Regulation 2020 (Documents and Oaths Regulation).

The amendments are designed to clarify the intended operation of the modified requirements or arrangements for the making, signing and witnessing of wills, enduring documents and general powers of attorney.

The Amendment Regulation amends the Documents and Oaths Regulation to clarify that, if an enduring document is made in accordance with the regulation, an attorney appointed by the enduring document is still required to sign the document to accept their appointment before the document becomes effective in relation to the attorney. The requirement applies to all enduring documents.

The Amendment Regulation also:

  • Clarifies that the attorney can sign either the originating version or the official version of the document.
  • Clarifies that a special witness certificate is required to be kept with the official version and original version of the document once the document has been made, signed and witnessed in accordance with the regulation and given to the relevant person.

The Explanatory Notes outline the changes.

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