ADIS Code - PAS
A power of attorney may contain a condition that specifically allows an appointed attorney to appoint another in their place. The substitution may be for a specific period of time and/or for a specific purpose, or may not be qualified.
The power of attorney is not required.
Lodgment requirements
Stamp duty - Required. Required if executed before 1.1.1989. If not marked Registration insisted upon, is prohibited.
Not required if executed on or after 1.1.1989.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Not required.
NOS form - Not required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Power of Attorney - Substitution 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.
Document requirements
Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.
Name: the full names (initials are acceptable) of the principal is required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby substitutes...".
Principal Deed: required. The registered number of the power of attorney as stated in the revocation must be identical to the number stated on the IPF.
Execution: by the original attorney. The substitute attorney does not have to sign.
Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.
IPF: must be completed.
Staff processing information
CA Not required
Indexing
Locality: nil.
Link Conveyance: nil.
Principal Deed: the registered original power of attorney.
Noting: nil.
V: the principal, and any variations thereof. The attorney and the substitute attorney are not given an Index entry.
P: nil.