{"id":"tas:act-1990-004","name":"Administrative Arrangements Act 1990","slug":"administrative-arrangements-act-1990","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"4 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177020,"registerId":"tas-tas:act-1990-004-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  [Section 1](#GS1@EN) , this section and [section 11](#GS11@EN) commence on the day on which this Act receives the Royal Assent.\n> \n> > (2)  The remaining provisions of this Act commence on a day to be proclaimed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> *\\[Section 3 Amended by No. 46 of 1991, s. 4 and Sched. 3 \\]**\\[Section 3 Amended by No. 39 of 1995, s. 3 and Sched. 1 \\]*In this Act, unless the contrary intention appears –\n> \n> > [*\\[Section 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja4@GC1@Hpa@EN) ***administrative instrument*** means any order, notice or instrument which determines the organisation of the executive government of the State and includes an order under [section 4](#GS4@EN) of this Act or under [section 11](/view/html/inforce/2026-04-12/act-2000-085#GS11@EN) , [12](/view/html/inforce/2026-04-12/act-2000-085#GS12@EN) or [13 of the](/view/html/inforce/2026-04-12/act-2000-085#GS13@EN) [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) ;\n> \n> > ***department*** means an organ of the executive government of the State, including, in particular –\n> > \n> > > > (a) [*\\[Section 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja4@GC1@Hpb@EN) a Government department within the meaning of the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) ; and\n> > > \n> > > > (b) a State authority;\n> \n> > ***enactment*** means –\n> > \n> > > > (a) an Act; or\n> > > \n> > > > (b) any other instrument of a legislative character; or\n> > > \n> > > > (c) any provision of an Act or of an instrument referred to in [paragraph (b)](#GS3@Nd3@Hpb@EN) ;\n> \n> > ***Minister*** means a Minister of the Crown;\n> \n> > [*\\[Section 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja4@GC1@Hpc@EN) ***State authority*** has the same meaning as in the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Administrative arrangements","content":"### 4 Administrative arrangements\n\n> *\\[Section 4 Subsection (1) substituted by No. 39 of 1995, s. 5 \\]*\n> \n> > (1)  The Governor, by order, may provide for –\n> > \n> > > > (a) the assignment to a Minister or Ministers of the administration of all or any of the following:\n> > > > \n> > > > > > (i) a department;\n> > > > > \n> > > > > > (ii) part of a department;\n> > > > > \n> > > > > > (iii) an enactment;\n> > > > > \n> > > > > > (iv) a class of enactments either generally or in specified respects;\n> > > > > \n> > > > > > (v) part of an enactment;\n> > > > > \n> > > > > > (vi) part of the subject matter of an enactment; and\n> > > \n> > > > (b) the specification of the department or part of the department responsible to a Minister or Ministers in relation to the administration of all or any of the following:\n> > > > \n> > > > > > (i) an enactment;\n> > > > > \n> > > > > > (ii) a class of enactments, either generally or in specified respects;\n> > > > > \n> > > > > > (iii) part of an enactment;\n> > > > > \n> > > > > > (iv) part of the subject matter of an enactment.\n> \n> > (2)  Until provision is made in relation to an Act by order under [subsection (1)](#GS4@Gs1@EN) –\n> > \n> > > > (a) the administration of that Act is assigned to the Minister for the time being administering this Act; and\n> > > \n> > > > (b) the department responsible to that Minister in relation to the administration of that Act is the department responsible to that Minister in relation to the administration of this Act.\n> \n> > (3)  An instrument of a legislative character made under a provision of an Act shall, unless provision to the contrary is made in an order under [subsection (1)](#GS4@Gs1@EN) or the contrary intention otherwise appears, be taken to be subject to the same administration as the provision under which it is made.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"References in enactments and other instruments to Ministers, departments, &c., inconsistent with administrative arrangements","content":"### 5 References in enactments and other instruments to Ministers, departments, &c., inconsistent with administrative arrangements\n\n> *\\[Section 5 Subsection (1) substituted by No. 39 of 1995, s. 6 \\]*\n> \n> > (1)  Where a reference in an enactment or instrument to a particular Minister, department, office or body of persons is inconsistent with administrative arrangements effected by an administrative instrument, the reference is to be construed to give effect to those administrative arrangements.\n> \n> > (2)  The Governor may, by order, amend an enactment so far as is necessary to remove an inconsistency referred to in [subsection (1)](#GS5@Gs1@EN) .\n> \n> > (3)  The Minister responsible for the matters to which an instrument other than an enactment, being an instrument to which the State or a State authority is privy, relates, may direct in writing, that any reference to a Minister, department, office or body of persons in that instrument be read as if it were altered in such manner necessary to remove an inconsistency referred to in [subsection (1)](#GS5@Gs1@EN) as is specified in the direction, and that reference shall be read accordingly.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Effect on appropriations of altered administrative arrangements","content":"### 6 Effect on appropriations of altered administrative arrangements\n\n> *\\[Section 6 Amended by No. 39 of 1995, s. 7 \\]*Where –\n> \n> > > (a) an appropriation in an Appropriation Act appears under a heading relating to a particular Minister or a particular department; and\n> > \n> > > (b) in accordance with administrative arrangements effected by an administrative instrument, the purpose of that appropriation has become, in whole or in part, a matter under the administration of another Minister or a function of another department –\n> \n> the appropriation continues to be available for that purpose as if that heading had included reference to that other Minister or department.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Effect on authority of delegates of altered administrative arrangements","content":"### 7 Effect on authority of delegates of altered administrative arrangements\n\n> *\\[Section 7 Amended by No. 39 of 1995, s. 8 \\]*Where –\n> \n> > > (a) in accordance with administrative arrangements effected by an administrative instrument, a function of a department becomes a function of another department; and\n> > \n> > > (b) immediately before the date on which those administrative arrangements took effect, a person (in this section referred to as \"the delegate\") was authorized to exercise powers and perform duties with respect to that function in pursuance of a delegation in writing –\n> \n> the authority of the delegate to exercise those powers and perform those duties with respect to that function continues until the authority of the delegate to do so is terminated, by notice in writing delivered to the delegate, by the person by whom such a delegation may be given on or after that date.","sortOrder":6},{"sectionNumber":"8.","sectionType":"section","heading":null,"content":"### 8.\n\n[*\\[Section 8 Repealed by No. 29 of 2017, Sched. 1, Applied:05 Sep 2017\\]*](/view/html/inforce/2017-09-05/act-2017-029#JS1@Ja2@GC1@EN)","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Orders deemed to be statutory rules","content":"### 9 Orders deemed to be statutory rules\n\n> An order made under [section 4](#GS4@EN) [(1)](#GS4@Gs1@EN) or [5](#GS5@EN) [(2)](#GS5@Gs2@EN) shall be deemed, for all purposes, to be a statutory rule within the meaning of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .","sortOrder":8},{"sectionNumber":"10.","sectionType":"section","heading":null,"content":"### 10.\n\n> > (a) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) ;\n> \n> > (b) [Constitution Act 1934](/view/html/inforce/2026-04-12/act-1934-094) ;\n> \n> > (c) [Tasmanian State Service Act 1984](/view/html/inforce/2026-04-12/act-1984-025) .","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Transitional","content":"### 11 Transitional\n\n> Until provision is made in relation to this Act by order under [section 4](#GS4@EN) –\n> \n> > > (a) the administration of this Act is assigned to the Premier; and\n> > \n> > > (b) the department responsible to the Premier in relation to the administration of this Act is the Department of Premier and Cabinet.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Validations","content":"### 12 Validations\n\n> *\\[Section 12 Inserted by No. 17 of 1996, s. 30 \\]*\n> \n> > (1)  Any order made under [section 4](#GS4@EN) before the commencement of the [Administrative Arrangements Amendment Act 1995](/view/html/inforce/2026-04-12/act-1995-039) is taken to have been validly made.\n> \n> > (2)  Any act or thing done or omitted to be done in pursuance of an order made under [section 4](#GS4@EN) before the commencement of the [Administrative Arrangements Amendment Act 1995](/view/html/inforce/2026-04-12/act-1995-039) is as valid as if it had been done or omitted to be done in pursuance of an order made under this Act as amended by the [Administrative Arrangements Amendment Act 1995](/view/html/inforce/2026-04-12/act-1995-039) .\n> \n> > (3)  An appropriation continued to be available for a purpose under [section 6](#GS6@EN) after the commencement of this Act is as valid as if it had continued to be available under this Act as amended by the [Administrative Arrangements Amendment Act 1995](/view/html/inforce/2026-04-12/act-1995-039) .\n> \n> > (4)  The authority of a delegate to exercise powers and perform duties with respect to a function continued under [section 7](#GS7@EN) after the commencement of this Act is as valid as if it had continued under this Act as amended by the [Administrative Arrangements Amendment Act 1995](/view/html/inforce/2026-04-12/act-1995-039) .","sortOrder":11},{"sectionNumber":"SCHEDULE 1","sectionType":"part","heading":"SCHEDULE 1","content":"# SCHEDULE 1 SCHEDULE 1\n\n[Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059)","sortOrder":12},{"sectionNumber":"SCHEDULE 2","sectionType":"part","heading":"SCHEDULE 2","content":"# SCHEDULE 2 SCHEDULE 2\n\n[Tasmanian State Service Act 1984](/view/html/inforce/2026-04-12/act-1984-025)","sortOrder":13}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears to have remained consistent with its original intent — providing a flexible legal framework for organising Tasmanian government administration. Amendments noted in the Table of Amending Instruments have not altered the core purpose of the legislation."},"complexity_factors":["Limited substantive text is available in the provided extract, making full analysis difficult","The Act itself is structurally simple — it is an enabling/framework law rather than one with detailed operative provisions","Relies on subordinate instruments (Administrative Arrangement Orders) which change frequently and must be read alongside the Act","The practical effect depends heavily on external documents (Orders) not contained in the Act itself","Minimal technical legal complexity in the statutory language itself"],"plain_english_summary":"The Administrative Arrangements Act 1990 (Tas) provides the legal framework for how the Tasmanian government is organised, letting the Premier (via Orders) allocate ministerial responsibilities and configure departments. It chiefly affects departments and public servants whose roles change when structures are reshaped, and matters to Tasmanians because those Orders determine which minister or agency handles particular services and accountability."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act's scope has been altered by amendments recorded in the text. Section 4 was substituted (1995) broadening the order-making framework; section 3's definitions were amended (including links to the State Service Act) (s3); and section 12 validates pre-1995 orders. Those changes expanded and clarified what counts as an \"administrative instrument\" and how reassignments operate (s3, s4, s12, s5)."},"complexity_factors":["Governor's wide discretionary power to reassign administration by order (s4)","Cross-referencing and dependence on other statutes and definitions (eg. State Service Act references in s3)","Continuity rules for appropriations and delegates that require administrative tracking (s6–7)","Orders are treated as statutory rules under the Rules Publication Act, adding procedural publication requirements (s9)","Transitional and validation provisions preserving pre-amendment orders and acts (s12)"],"plain_english_summary":"This Act lets the Governor, by order, assign responsibility for whole or parts of departments, enactments or subject-matter to Ministers and specify which department answers to each Minister (s4). Orders under the Act are statutory rules (s9); appropriations continue to fund purposes after reassignment and existing delegates retain authority until revoked (s6–7). Decision power rests with the Governor and Ministers for correcting instrument references (s4–5), so administrative control and legal responsibility can be shifted without changing underlying appropriations."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"medium","reasoning":"If the file was last modified on 5 November 2019, it cannot logically be described as 'current to 5 April 2026' in any meaningful sense reflecting substantive legislative currency. The two claims are mutually inconsistent unless 'file last modified' refers only to metadata, but no such clarification is provided, leaving a genuine ambiguity that could mislead readers about the currency of the law.","confidence":0.72,"description":"The legislation states it is 'current from 5 September 2017 to date' where 'date' is identified as 5 April 2026, yet the file is stated to have been 'last modified 5 November 2019'. This creates a temporal absurdity: the Act purports to be current and updated to 2026 but has not been modified since 2019."},{"type":"circular_definition","section":"Responsible Minister and Department","severity":"medium","reasoning":"An Administrative Arrangements Act that exists to govern administrative arrangements declines to specify the minister responsible for its own administration, instead deferring to an external order that itself operates under the very Act in question. This creates a circular dependency: the Act governs the orders, and the orders govern the Act's own administration.","confidence":0.78,"description":"The Act purports to identify the Responsible Minister and Department by directing readers to 'see the latest Administrative Arrangement Order,' meaning the Act itself contains no definitive answer to a question it raises. The responsible minister is perpetually undefined within the four corners of the instrument."},{"type":"impossible_compliance","section":"Currency of version (update commitment)","severity":"low","reasoning":"A statutory instrument that makes a representation about its own maintenance while simultaneously hedging that representation into irrelevance provides no legal certainty. A reader relying on the currency of the legislation has no basis to know whether they are in a 'usual' or 'unusual' period, rendering the commitment practically worthless.","confidence":0.65,"description":"The status information states legislation 'is usually updated within 3 working days after a change.' The qualifier 'usually' creates an unenforceable and legally meaningless commitment, as it expressly contemplates non-compliance without specifying any consequence, remedy, or definition of acceptable deviation."}],"contradictions":[{"severity":"medium","section_a":"Currency of version - 'current from 5 September 2017 to date (accessed 5 April 2026)'","section_b":"Authorisation - 'File last modified 5 November 2019'","confidence":0.74,"description":"The document simultaneously claims to be current as of 5 April 2026 and to have last been modified on 5 November 2019 — a gap of over six years. If the file has not been modified since 2019, the claim of currency to 2026 is contradicted unless the Act has genuinely not changed, in which case the dynamic 'to date' framing is misleading."},{"severity":"medium","section_a":"Table of Amending Instruments - reference to amendments existing","section_b":"Authorisation - 'File last modified 5 November 2019'","confidence":0.68,"description":"The presence of a 'Table of Amending Instruments' implies the Act has been amended over time, yet the file modification date of 5 November 2019 suggests no amendments have been incorporated since that date. If amendments have occurred after November 2019, they are not reflected in the file, contradicting the implicit promise of a consolidated, current version."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to have maintained its original scope as a machinery Act for reorganising executive government. While it has been amended multiple times (notably in 1995 to expand the types of administrative arrangements possible, and in 2000 to update references to the State Service Act), these amendments appear to have refined and modernised the mechanism rather than expanded it into new substantive areas. The core purpose — enabling efficient reorganisation of ministerial and departmental responsibilities — remains unchanged."},"complexity_factors":["Multiple cross-references to the State Service Act 2000 for key definitions ('department', 'State authority')","Nested subsections with multiple levels of indentation (subsections (1)(a)(i)-(vi))","Conditional logic throughout (e.g., 'until provision is made', 'unless the contrary intention appears', 'where... then')","Interaction between primary legislation and delegated legislation (orders deemed statutory rules)","Transitional and validation provisions (section 12) that retrospectively validate actions taken under earlier versions of the Act","Self-referential provisions (section 11 assigns administration of this Act itself)","Amendment history visible in text showing evolution since 1990, 1995, 1996, 2000, 2017"],"plain_english_summary":"**What this law does:**\n\nThis is the **Administrative Arrangements Act 1990** — a Tasmanian law that sets the rules for how the State Government organises itself. Think of it as the legal machinery that lets the Premier shuffle which Minister looks after which government department or law.\n\n**Key things it covers:**\n\n*   **Who runs what:** The Governor (acting on ministerial advice) can make **orders** to assign government departments, parts of departments, or specific laws to particular Ministers. This is how governments reorganise — for example, moving \"parks and wildlife\" from the Environment Minister to the Tourism Minister.\n\n*   **Fixing old references:** When these shuffles happen, old laws and contracts might still refer to the wrong Minister or department. This Act says those references are automatically read to match the new arrangements. The Governor can also formally amend old laws to fix these inconsistencies.\n\n*   **Money keeps flowing:** If Parliament has already budgeted money for a department, and that department's functions move to a new Minister, the money moves with it — no new legislation needed.\n\n*   **Staff authority continues:** If a public servant had legal power to make decisions under the old arrangement, they keep that power until formally told otherwise, even if their department has been reorganised.\n\n*   **Safety net:** If no specific order has been made about who administers a particular law, it automatically falls to the Minister administering this Act (and their department).\n\n**Who it affects:**\n\n*   **Ministers and their departments** — it governs how they get their powers.\n*   **Public servants** — it protects their delegated authority during reorganisations.\n*   **Anyone dealing with government** — it ensures contracts and laws still work even after a reshuffle.\n\n**Why it matters:**\n\nWithout this law, every time a government wanted to reorganise its departments (which happens after most elections), it would need to pass new Acts of Parliament to fix every reference in every law and contract. This Act makes reorganisations quick, legally clean, and ensures government keeps functioning smoothly during transitions."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/administrative-arrangements-act-1990","history":"/api/acts/administrative-arrangements-act-1990/history","analysis":"/api/acts/administrative-arrangements-act-1990/analysis","conflicts":"/api/acts/administrative-arrangements-act-1990/conflicts","importantCases":"/api/acts/administrative-arrangements-act-1990/important-cases","documents":"/api/acts/administrative-arrangements-act-1990/documents"}}