{"id":"tas:act-1876-007","name":"Appointments Act 1876","slug":"appointments-act-1876","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"7 of 1876","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110915,"registerId":"tas-act-1876-007-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Appointments to be valid notwithstanding one or more objects excluded","content":"### 1 Appointments to be valid notwithstanding one or more objects excluded\n\n> No appointment made on or after 16th July 1830, in exercise of any power to appoint any property, real or personal, amongst several objects, shall be invalid at law or in equity on the ground that any object of such power has been altogether excluded, but every such appointment shall be valid and effectual notwithstanding that any one or more of the objects shall not thereby or in default of appointment take a share or shares of the property subject to such power.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Saving","content":"### 2 Saving\n\n> *\\[Section 2 Amended by 25 Geo. V No. 78 \\]*Nothing in this Act shall prejudice or affect any provision in any deed, will, or other instrument creating any power, which shall declare the amount or the share or shares from which no object of the power shall be excluded, or some one or more object or objects of the power shall not be excluded.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Short title","content":"### 3 Short title\n\n> *\\[Section 3 Inserted by 25 Geo. V No. 78 \\]*This Act may be cited as the [Appointments Act 1876](/view/html/inforce/2026-04-12/act-1876-007) .","sortOrder":2}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: validating appointments where objects are excluded. The 1934 amendment (25 Geo. V No. 78) merely added a short title and clarified the saving provision — it did not expand the substantive scope beyond the original 1876 intent."},"complexity_factors":["Only 3 operative sections, totaling fewer than 200 words","No defined terms section — relies on common law understanding of 'power', 'appointment', 'objects'","Single conditional exception in Section 2 (saving clause for contrary intent)","No cross-references to other legislation","Straightforward declaratory language: 'shall be valid notwithstanding...'","Legislative history markers (insertion/amendment notes) are present but don't affect operative text complexity"],"plain_english_summary":"**What this law does:**\n\nThis law fixes a technical problem with property appointments that dates back to 1830. Before this Act, if someone had the power to divide property among several people (children, relatives, etc.) but chose to leave one or more of them out completely, the entire appointment could be declared invalid. This law says: **leaving someone out doesn't wreck the whole deal** — the appointment to the others still stands.\n\n**Who it affects:**\n\n- Anyone exercising a \"power of appointment\" — typically trustees, estate executors, or people named in wills to decide how property gets divided\n- Beneficiaries who might otherwise lose their share because someone else was excluded\n- Families and estates dealing with inherited property, trusts, or settled land\n\n**Why it matters:**\n\nWithout this law, a spiteful or strategic exclusion of one relative could accidentally void gifts to everyone else. The Act provides a **safety net**: the appointment remains valid for those who *do* receive shares, even if others get nothing.\n\n**The catch (Section 2):**\n\nIf the original will, deed, or trust document **specifically says** that certain people must receive minimum shares, or that particular individuals cannot be excluded, this Act doesn't override those instructions. The creator's explicit wishes still trump the general rule."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act's wording shows later amendments: section 2 was amended and section 3 (short title) was inserted by 25 Geo. V No. 78. Those amendments altered the statute's form and saved instrument-specific provisions (s2) and added a citation provision (s3). The core operative rule validating appointments (s1) remains the substantive provision, while the amendments affect saving provisions and formal citation."},"complexity_factors":["Concise, single-subject structure: short text with limited provisions reduces procedural complexity (s1–s3).","Archaic drafting and terminology (e.g. 'objects', 'power', 'appointment') can require interpretive work in modern cases (s1).","Interaction with existing instruments: savings clause preserves instrument-specific terms, creating potential for conflict and interpretation against the Act (s2).","Retroactive/long-dated operation: s1 applies to appointments made on or after 16 July 1830, raising historical-application issues.","Amendment history noted in text (s2 amended; s3 inserted) requires checking later legislative changes for full scope."],"plain_english_summary":"This Act makes appointments of property valid even if the person exercising a power to distribute property among several potential recipients excludes one or more of those recipients; such exclusions do not invalidate the appointment (s1). It preserves any deed, will or instrument that expressly prevents exclusion of certain shares or objects (s2) and provides the Act's short title (s3). The appointor decides who is excluded; excluded objects receive no share and trustees/executors must give effect to the appointment."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient information is available to assess whether the scope of the Act has changed from its original intent. No operative provisions were included in the provided material. The existence of amendments suggests some evolution, but the nature and extent of any scope changes cannot be determined from metadata alone."},"complexity_factors":["Only metadata and status information was provided — no operative legal text was available for analysis","Acts dealing with appointments are typically straightforward procedural instruments","Age of the Act (1876) may mean archaic language and drafting conventions if the full text were available","Potential complexity around interaction with modern public sector legislation if the Act has not been substantially updated"],"plain_english_summary":"The Appointments Act 1876 (Tas.) is a long‑standing statute still in force that governs how people are formally appointed to government or statutory offices in Tasmania. Though the operative text isn’t provided here, the Act matters to ministers, public servants and anyone appointed under Tasmanian law because it likely defines who may make appointments, and how appointment powers may be exercised or delegated."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/appointments-act-1876","history":"/api/acts/appointments-act-1876/history","analysis":"/api/acts/appointments-act-1876/analysis","conflicts":"/api/acts/appointments-act-1876/conflicts","importantCases":"/api/acts/appointments-act-1876/important-cases","documents":"/api/acts/appointments-act-1876/documents"}}