{"id":"tas:act-1981-027","name":"Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981","slug":"companies-and-securities-interpretation-and-miscellaneous-provisions-application-of-laws-act-1981","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"27 of 1981","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110045,"registerId":"tas-act-1981-027-current","compilationNumber":null,"startDate":"2026-04-03","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 [Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981](/view/html/inforce/2026-04-12/act-1981-027) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  This section and [section 1](#GS1@EN) shall commence on the date of assent to this Act.\n> \n> > (2)  Except as provided in [subsection (1)](#GS2@Gs1@EN) , this Act shall commence on the day on which the *National Companies and Securities Commission (State Provisions) Act 1981* commences.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***Agreement*** means the agreement made on 22nd December 1978 between the Commonwealth and the States in relation to a proposed scheme for the co-operative regulation of companies and the securities industry or, if that agreement is or has been amended or affected by another agreement, that agreement as so amended or affected;\n> \n> > ***Code*** means the provisions of an Act passed by the Parliament of the Commonwealth pursuant to the Agreement as in force for the time being, being provisions applying, by reason of an Act passed by the Parliament of Tasmania pursuant to the Agreement, as laws of Tasmania;\n> \n> > ***Ministerial Council*** means the Ministerial Council for Companies and Securities established by the Agreement;\n> \n> > ***Tasmania*** means the State of Tasmania and its Dependencies;\n> \n> > ***the Commonwealth Act*** means the *Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980* of the Commonwealth as amended and in force for the time being.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Relevant Codes","content":"### 4 Relevant Codes\n\n> > (1)  For the purposes of this Act, each of the following Codes is a relevant Code:\n> > \n> > > > (a) the *Companies and Securities (Interpretation and Miscellaneous Provisions) (Tasmania) Code*;\n> > > \n> > > > (b) the *Companies (Acquisition of Shares) (Tasmania) Code*; and\n> > > \n> > > > (c) any Code to which this Act applies by reason of a relevant application provision in an Act.\n> \n> > (2)  For the purposes of [subsection (1)](#GS4@Gs1@EN) , a provision in an Act is a relevant application provision in relation to a Code if the provision states that this Act applies to the Code concerned.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"National Companies and Securities Commission (State Provisions) Act 1981","content":"### 5 National Companies and Securities Commission (State Provisions) Act 1981\n\n> For the purposes of this Act, a reference to a relevant Code includes a reference to the provisions of the *National Companies and Securities Commission (State Provisions) Act 1981* other than sections 1, 2, 3, 4, 20, 21, and 22.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Act to bind Crown","content":"### 6 Act to bind Crown\n\n> This Act binds the Crown.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Interpretation of relevant Codes","content":"### 7 Interpretation of relevant Codes\n\n> Except in relation to matters expressly provided for by this Act and subject to any express provision contained in a relevant Code, the laws in force in the Australian Capital Territory at the commencement of the Commonwealth Act that relate to the interpretation of Ordinances of the Australian Capital Territory –\n> \n> > > (a) apply for the purposes of the interpretation of each relevant Code as if the relevant Code were an Ordinance of the Australian Capital Territory; and\n> > \n> > > (b) apply for the purposes of the interpretation of any instrument (including rules, regulations, or by-laws) made, granted, or issued under or, in the case of regulations, applying as regulations made under, a relevant Code as if the instrument were made, granted, or issued under such an Ordinance.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Application of interpretation law","content":"### 8 Application of interpretation law\n\n> The provisions of the Commonwealth Act (other than sections 1, 2, 3, 4, and 5) apply –\n> \n> > > (a) as if amended as set out in [Schedule 1](#JS1@EN) ; and\n> > \n> > > (b) subject to and in accordance with this Act –\n> \n> as laws of Tasmania.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Publication of Companies and Securities (Interpretation and Miscellaneous Provisions) (Tasmania) Code","content":"### 9 Publication of Companies and Securities (Interpretation and Miscellaneous Provisions) (Tasmania) Code\n\n> > (1)  The Minister may from time to time authorize the publication by the Government Printer of the provisions of the Commonwealth Act (other than sections 1, 2, 3, 4, and 5), amended as set out in [Schedule 1](#JS1@EN) and in operation, or to come into operation, in Tasmania.\n> \n> > (2)  A document published under [subsection (1)](#GS9@Gs1@EN) –\n> > \n> > > > (a) shall include the headings and sections set out in [Schedule 2](#JS2@EN) ;\n> > > \n> > > > (b) shall include a notification of the date, or dates, on which the several provisions set out in the document came, or come, into operation in Tasmania;\n> > > \n> > > > (c) shall include a statement of the date on which the Minister authorized the publication; and\n> > > \n> > > > (d) may be cited as the *Companies and Securities (Interpretation and Miscellaneous Provisions) (Tasmania) Code*.\n> \n> > (3)  A document that is or purports to be a copy of the *Companies and Securities (Interpretation and Miscellaneous Provisions) (Tasmania) Code* that has been, or purports to have been, published in accordance with this section is *prima facie* evidence of the provisions of the Commonwealth Act applying by reason of [section 8](#GS8@EN) as in operation, or to come into operation, in Tasmania as notified in the document in accordance with [paragraph (b)](#GS9@Gs2@Hpb@EN) of [subsection (2)](#GS9@Gs2@EN) .","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Publication of provisions of amended code","content":"### 10 Publication of provisions of amended code\n\n> > (1)  The Minister may from time to time authorize the publication by the Government Printer of a document setting out provisions that by reason of –\n> > \n> > > > (a) the enactment of an Act of the Commonwealth amending the Commonwealth Act; and\n> > > \n> > > > (b) the operation of [section 8](#GS8@EN) (including the operation, if applicable, of [Schedule 1](#JS1@EN) ) –\n> > \n> > apply, or will apply, as laws of Tasmania.\n> \n> > (2)  A document published under [subsection (1)](#GS10@Gs1@EN) shall include a notification of the date, or dates, on which the provisions set out in the document came, or come, into operation in Tasmania.\n> \n> > (3)  A document that has been or purports to have been published in accordance with this section is *prima facie* evidence of provisions referred to in [subsection (1)](#GS10@Gs1@EN) set out in the document.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Interpretation of references to applied provisions","content":"### 11 Interpretation of references to applied provisions\n\n> > (1)  Unless the contrary intention appears, in this or any other Act or in a regulation or other instrument made under any other Act or in any other document made by or under the authority of, or for the purposes of, a law of Tasmania –\n> > \n> > > > (a) a reference to the *Companies and Securities (Interpretation and Miscellaneous Provisions) (Tasmania) Code* is a reference to the provisions of the Commonwealth Act applying by reason of [section 8](#GS8@EN) ; and\n> > > \n> > > > (b) a reference to a provision of that Code is a reference to the corresponding provision of the Commonwealth Act as so applying.\n> \n> > (2)  *\\[Section 11 Subsection (2) amended by No. 9 of 1982, s. 6 and Sched. 7 \\]*In [subsection (1)](#GS11@Gs1@EN) , ***provision*** includes Part, Division, section, subsection, paragraph, subparagraph, Schedule, form, regulation, clause, subclause, or other division.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Amendment of certain provisions in accordance with approval of Ministerial Council","content":"### 12 Amendment of certain provisions in accordance with approval of Ministerial Council\n\n> Where, under the Agreement, the Ministerial Council –\n> \n> > > (a) approves a proposed amendment of the Commonwealth Act; and\n> > \n> > > (b) approves proposed regulations to be made under this Act in connection with the operation of the proposed amendment –\n> \n> the Governor may make regulations amending [Schedule 1](#JS1@EN) in accordance with that approval, and that Schedule as so amended shall be [Schedule 1](#JS1@EN) to this Act.\n\n*\\[Schedule 1 Clause 1A inserted by S.R. 1986 No. 129 \\]* *\\[Schedule 1 Clause 3 amended by No. 9 of 1982, s. 6 and Sched. 7 and Sched. 8 \\]* *\\[Schedule 1 Clause 4A inserted by S.R. 1986 No. 129 \\]* *\\[Schedule 1 Clause 6 amended by No. 9 of 1982, s. 6 and Sched. 7 \\]* *\\[Schedule 1 Clause 6A inserted by S.R. 1986 No. 129 \\]*","sortOrder":11},{"sectionNumber":"SCHEDULE 1 - Application of Pr","sectionType":"part","heading":"SCHEDULE 1 - Application of Provisions of Commonwealth Act","content":"# SCHEDULE 1 - Application of Pr SCHEDULE 1 - Application of Provisions of Commonwealth Act\n\n*\\[Schedule 1 Amended by S.R. 1986 No. 129 \\]* *\\[Schedule 1 Amended by No. 9 of 1982, Scheds. 7, 8 and 9 \\]* *\\[Schedule 1 Amended by S.R. 1987 No. 59 \\]* *\\[Schedule 1 Amended by S.R. 1989 No. 184 \\]*\n\n[Section 8](#GS8@EN)\n\n[![graphic image](/image/SG0211a.gif)](/image/SG0211a.gif)\n\n[![graphic image](/image/SG0211b.gif)](/image/SG0211b.gif)\n\n[![graphic image](/image/SG0211c.gif)](/image/SG0211c.gif)\n\n[![graphic image](/image/SG0211d.gif)](/image/SG0211d.gif)\n\n[![graphic image](/image/SG0211e.gif)](/image/SG0211e.gif)\n\n[![graphic image](/image/SG0211f.gif)](/image/SG0211f.gif)\n\n[![graphic image](/image/SG0211g.gif)](/image/SG0211g.gif)\n\n[![graphic image](/image/SG0211h.gif)](/image/SG0211h.gif)\n\n[![graphic image](/image/SG0211i.gif)](/image/SG0211i.gif)\n\n[![graphic image](/image/SG0211j.gif)](/image/SG0211j.gif)\n\n[![graphic image](/image/SG0211k.gif)](/image/SG0211k.gif)\n\n[![graphic image](/image/SG0211l.gif)](/image/SG0211l.gif)\n\n[![graphic image](/image/SG0211m.gif)](/image/SG0211m.gif)\n\n[![graphic image](/image/SG0211n.gif)](/image/SG0211n.gif)\n\n[![graphic image](/image/SG0211o.gif)](/image/SG0211o.gif)\n\n[![graphic image](/image/SG0211p.gif)](/image/SG0211p.gif)\n\n[![graphic image](/image/SG0211q.gif)](/image/SG0211q.gif)\n\n[![graphic image](/image/SG0211r.gif)](/image/SG0211r.gif)\n\n[![graphic image](/image/SG0211s.gif)](/image/SG0211s.gif)","sortOrder":12},{"sectionNumber":"SCHEDULE 2 - Headings and Sect","sectionType":"part","heading":"SCHEDULE 2 - Headings and Sections for Inclusion in Publication of Code","content":"# SCHEDULE 2 - Headings and Sect SCHEDULE 2 - Headings and Sections for Inclusion in Publication of Code\n\n[Section 9](#GS9@EN)\n\n[![graphic image](/image/SG0212a.gif)](/image/SG0212a.gif)\n\n[![graphic image](/image/SG0212b.gif)](/image/SG0212b.gif)\n\n[![graphic image](/image/SG0212c.gif)](/image/SG0212c.gif)","sortOrder":13}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This Act appears to serve its original purpose as a 'application of laws' mechanism for Tasmania's participation in the national companies and securities scheme. The structure — adopting Commonwealth laws via reference, providing for publication of consolidated codes, and binding the Crown — aligns with the standard template for state application Acts under the 1978 Agreement. There is no evidence of significant scope creep; the amendments noted (1982, 1986, 1987, 1989) appear to be technical updates to Schedule 1 to reflect changes in the underlying Commonwealth Act."},"complexity_factors":["Multiple layers of legislative reference: The Act applies provisions from a Commonwealth Act, which itself amends other laws, creating a 'legislation stack' three levels deep","Extensive cross-referencing: Sections 7, 8, 9, 10, and 11 all depend on understanding definitions from sections 3 and 4, plus external documents (the 1978 Agreement, the Commonwealth Act, and Schedule 1)","Conditional application logic: Section 8 applies the Commonwealth Act 'as if amended as set out in Schedule 1' — meaning the operative text is not in this Act but in a schedule that modifies another Act","No operative text visible: Schedules 1 and 2 contain only graphic image placeholders, meaning the actual amendments and headings are not present in this extract","Temporal dependencies: Section 2 ties commencement to another Act (National Companies and Securities Commission (State Provisions) Act 1981), creating a conditional start date","Nested definitions: Terms like 'Code', 'relevant Code', and 'relevant application provision' are defined circularly and depend on each other","Prima facie evidence provisions: Sections 9(3) and 10(3) create evidentiary rules about published documents that require understanding of both publication mechanics and evidentiary law"],"plain_english_summary":"This is a **Tasmanian law from 1981** that acts as a bridge between Commonwealth (federal) and state company and securities laws.\n\n**What it does:**\n- **Adopts federal laws as Tasmanian laws**: It takes parts of a Commonwealth Act (the *Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980*) and applies them as if they were Tasmanian laws.\n- **Creates a 'Code' system**: It establishes the *Companies and Securities (Interpretation and Miscellaneous Provisions) (Tasmania) Code* — essentially a local version of the federal rules for Tasmania.\n- **Sets interpretation rules**: It specifies that when interpreting these adopted laws, Tasmanian courts should use the same rules that apply to Australian Capital Territory ordinances (laws made for the ACT before self-government).\n- **Allows publication of consolidated versions**: The Tasmanian Minister can authorise official publications of these adopted laws so businesses know exactly what rules apply in Tasmania.\n- **Binds the Crown**: The law applies to government bodies, not just private companies.\n\n**Who it affects:**\n- Companies operating in Tasmania\n- Securities industry participants (stockbrokers, investment advisors)\n- Anyone dealing with corporate law matters in Tasmania during the period when this cooperative scheme operated (the 1980s–early 2000s, before the current *Corporations Act 2001* took over)\n\n**Why it matters:**\nThis was part of a **national scheme** where states agreed to adopt consistent company and securities laws to create a unified Australian market. Before 2001, corporate law was a patchwork of state and federal laws. This Act helped Tasmania participate in that harmonised system by 'importing' federal rules and making them locally enforceable."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"Title/Long Title","severity":"low","reasoning":"An 'Interpretation' Act that itself requires interpretation via an 'Application of Laws' wrapper suggests potential infinite regress: if disputes arise about how to apply this Act, one must interpret an Act about interpreting an Act about interpretation. While not uncommon in cooperative scheme legislation of the era, it creates structural circularity.","confidence":0.55,"description":"The Act's full title is 'Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981' — an Act about interpreting another Act's interpretation provisions, creating a meta-interpretive layer of uncertain practical utility."},{"type":"self_contradicting","section":"Status Information — Currency of version","severity":"low","reasoning":"If the file was last modified on 2 September 2025, then either the content changed after 1 February 1997 (contradicting the implication of continuous currency from that date without amendment), or the modification was non-substantive — but no distinction is drawn. A reader cannot determine whether substantive legal content changed on 2 September 2025 or merely metadata.","confidence":0.6,"description":"The legislation states it is 'current from 1 February 1997 to date (accessed 3 April 2026 at 15:17)' yet also states 'File last modified 2 September 2025', creating a temporal inconsistency in currency claims."},{"type":"self_contradicting","section":"Status Information — Currency of version","severity":"low","reasoning":"If updates are only 'usually' (not always) made within 3 working days, then the claim that the version is definitively 'current' to the access date is potentially false. The hedge ('usually') undermines the certainty of the currency assertion, meaning the Act as displayed may not reflect the law in force at the stated access date.","confidence":0.65,"description":"The currency statement claims the version is current 'to date' being 3 April 2026, while simultaneously asserting that legislation 'is usually updated within 3 working days after a change'. These two claims together cannot guarantee actual currency at the access date."}],"contradictions":[{"severity":"low","section_a":"Status Information — Currency of version (access date: 3 April 2026)","section_b":"Status Information — Authorisation (file last modified: 2 September 2025)","confidence":0.62,"description":"The document claims currency 'to date' (3 April 2026) but the file was last modified 2 September 2025, a gap of approximately seven months. If changes occurred in that gap and the file was not updated, the currency claim is false. If no changes occurred, the modification date is misleading."},{"severity":"medium","section_a":"Title — 'Interpretation and Miscellaneous Provisions'","section_b":"Title — 'Application of Laws'","confidence":0.5,"description":"The Act purports simultaneously to be an interpretive instrument (governing how terms are defined and construed) and an application-of-laws instrument (governing which jurisdiction's laws apply). These functions can conflict: the interpretive rules may produce a different result as to applicable law than the application-of-laws rules, with no hierarchy between them stated in the available text."}]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s applied scope has been altered since enactment: Schedule 1 shows multiple amendment notes (e.g. S.R. 1986 No. 129; No. 9 of 1982 Schedules) and section 12 empowers the Governor to amend Schedule 1 in accordance with Ministerial Council approvals under the Agreement, enabling further changes to which Commonwealth provisions apply in Tasmania."},"complexity_factors":["Inter-jurisdictional incorporation: Commonwealth Act provisions are applied as Tasmanian law with specific exclusions and modifications (s 8; Schedule 1).","Defined-term network: multiple mutually referencing definitions and Codes linking the Agreement, the Commonwealth Act, the Ministerial Council and Tasmanian Codes (s 3, s 4).","Delegated amendment power: Governor may amend Schedule 1 consistent with Ministerial Council approvals under the Agreement, creating ongoing change via regulation (s 12).","Application of external interpretation rules: imports ACT Ordinance interpretation rules and most Commonwealth Act interpretation provisions for use in Tasmania (s 7, s 8).","Publication and evidentiary regime: Minister may authorise Government Printer publications and those publications are prima facie evidence of the applied law (s 9, s 10).","Selective omissions and cross-references: some Commonwealth sections are excluded or treated differently when applied (s 5; s 8 exclusions).","Amendment history embedded in the instrument: Schedule 1 carries multiple amendment notes, increasing reading and update complexity (Schedule 1 amendment notes).","Binding Crown: the Act expressly binds the Crown, affecting public bodies as well as private entities (s 6)."],"plain_english_summary":"This Act imports parts of the Commonwealth Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980 to operate as Tasmanian law, sets how those provisions and related Codes are to be interpreted and published, and provides amendment and evidentiary mechanisms. It affects companies, securities regulators, the Tasmanian Government and users of the Codes by determining which Commonwealth provisions apply in Tasmania, how they are cited and published, and who may update the applied text."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act was originally intended as an active, operative part of a functioning national cooperative scheme for companies and securities regulation. Over time, its scope has effectively narrowed to near-redundancy following the Commonwealth's assumption of full corporations law power under the Corporations Act 2001. What began as a substantive piece of the national regulatory architecture is now largely a historical artefact, surviving on the books but with minimal active operation."},"complexity_factors":["Involves intergovernmental cooperative legislative schemes requiring understanding of both state and federal law simultaneously","Relies heavily on cross-references to Commonwealth legislation rather than standing alone","Historical context is essential to understand the Act's purpose — it cannot be read in isolation","Interpretation provisions (rules about how to read laws) are inherently abstract and technical","The Act's practical relevance has changed significantly over time due to subsequent federal takeover of corporations law, creating ambiguity about current application","Limited text provided makes full analysis difficult — the substance of the Act's operative provisions is not visible"],"plain_english_summary":"This 1981 Tasmanian Act made the Commonwealth’s Companies and Securities (Interpretation and Miscellaneous Provisions) Act operate as if it were Tasmanian law, so Tasmanian courts and regulators could apply the federal rules locally. \n\nIt primarily affected Tasmanian companies, investors, lawyers and regulators as part of an older cooperative national scheme; today it’s largely superseded by federal corporations law but can still matter for interpreting historical transactions or disputes."}},"importantCases":[],"_links":{"self":"/api/acts/companies-and-securities-interpretation-and-miscellaneous-provisions-application-of-laws-act-1981","history":"/api/acts/companies-and-securities-interpretation-and-miscellaneous-provisions-application-of-laws-act-1981/history","analysis":"/api/acts/companies-and-securities-interpretation-and-miscellaneous-provisions-application-of-laws-act-1981/analysis","conflicts":"/api/acts/companies-and-securities-interpretation-and-miscellaneous-provisions-application-of-laws-act-1981/conflicts","importantCases":"/api/acts/companies-and-securities-interpretation-and-miscellaneous-provisions-application-of-laws-act-1981/important-cases","documents":"/api/acts/companies-and-securities-interpretation-and-miscellaneous-provisions-application-of-laws-act-1981/documents"}}