Registration is not essential, unless the proposed actions of the Attorney involve certain types of land +/or share transaction (see below).
It is highly recommended to register your NSW Power of Attorney so that it is:
➲ On record as a public document;
➲ Safe from loss or destruction; and
➲ More easily accepted as evidence that your Attorney is allowed to deal with your legal + financial affairs.
A: A NSW Power of Attorney (POA) must be registered for:
✅ Land transactions, except for a lease with a term less than 3 years including any option of renewal;
✅ Land transactions involving Torrens Title land, except for a lease with a term less than 3 years including any option of renewal (s36(2) Real Property Act 1900); and
✅ Share transactions (Australian Stock Exchange practice).
To register a NSW Power of Attorney (POA), you must:
2️⃣ Completed Deeds Index Particulars Form
An Enduring Power of Attorney (EPOA) made under the legislation of another State or Territory of Australia may be accepted for registration in NSW providing:
It is accompanied by a certificate from a Legal Practitioner (that is, a Lawyer) from that State or Territory stating:
➲ The Enduring Power of Attorney (EPOA) was made in accordance with the formal requirements of the law of that State or Territory; and
➲ The Lawyer has been admitted, holds a practising certificate and practices in that State or Territory.
If the Power of Attorney (POA) is registered in NSW, although you are not legally required to do so, in an abundance of caution, we recommend you take the steps summarised below to register the revocation.
If you wish to register your revocation in NSW, you must:
2️⃣ Completed Deeds Index Particulars Form.
(A) Lodging Party - Must be completed.
(B) Instrument - Power of Attorney / Power of Attorney - Revocation of
(C) Locality - Not required.
Link Conveyance - Not required.
Principal Deed - The affected Power of Attorney if registered.
(D) Indexing - The Principal.
(E) Certification - Required.
(2) Where a plan referred to in subsection (3), or a dealing, caveat or priority notice, presented for lodgment purports to have been executed under a power of attorney, the Registrar-General may refuse--
(a) to accept it for lodgment, or
(b) to make any recording or entry in the Register or take any other action in respect of it,
unless the power of attorney has been registered as provided for by the Powers of Attorney Act 2003.
51 Powers of attorney may be registered (cf 1919 No 6, s 163 (1) and (3))
(1) Any instrument executed before or after the commencement of this Act that creates a power of attorney may be registered by the Registrar-General in the General Register of Deeds kept under the Conveyancing Act 1919.
(2) An instrument revoking a registered power of attorney may also be registered by the Registrar-General in that Register.
52 Powers of attorney to be registered for dealings affecting land (cf 1919 No 6, s 163 (2) and (4))
(1) A conveyance or other deed affecting land executed on or after 1 July 1920 under a power of attorney has no effect unless the instrument creating the power has been registered.
Note : 1 July 1920 is the day on which the Conveyancing Act 1919 commenced.
(2) If the instrument is registered after the time when the conveyance or other deed was executed, the conveyance or other deed has effect as if the instrument had been registered before that time.
(3) In this section,"deed" includes any memorandum, dealing or other instrument affecting land that is deemed by an Act to have effect as a deed.
(4) This section does not apply to a lease for a term of 3 years or less.
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.