{"id":"tas:act-1982-008","name":"Companies Auditors and Liquidators Disciplinary Board Act 1982","slug":"companies-auditors-and-liquidators-disciplinary-board-act-1982","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"8 of 1982","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110008,"registerId":"tas-act-1982-008-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 Auditors and Liquidators Disciplinary Board Act 1982](/view/html/inforce/2026-04-12/act-1982-008) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act shall commence on the same day as that fixed under [section 2 (2) of the](/view/html/inforce/2026-04-12/act-1982-007#GS2@Gs2@EN) [Companies (Application of Laws) Act 1982](/view/html/inforce/2026-04-12/act-1982-007) .","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, except in so far as the context or subject-matter otherwise indicates or requires –\n> \n> > ***Board*** means the Companies Auditors and Liquidators Disciplinary Board constituted by [section 4](#GS4@EN) ;\n> \n> > ***the Code*** means the [Companies (Tasmania) Code](/view/html/inforce/2026-04-12/act-1982-007) ;\n> \n> > ***the regulations*** means regulations made and in force under this Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of Board","content":"### 4 Constitution of Board\n\n> > (1)  There is constituted by this Act a board to be known as the \"Companies Auditors and Liquidators Disciplinary Board\".\n> \n> > (2)  The Board shall consist of 3 members, of whom –\n> > \n> > > > (a) [*\\[Section 4 Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja11@GC1@EN) one shall be an Australian lawyer who has practised as an Australian legal practitioner for not less than 5 years;\n> > > \n> > > > (b) subject to [subsection (3)](#GS4@Gs3@EN) , one shall be selected from a panel of 3 persons nominated by the Tasmanian State Council of the Institute of Chartered Accountants in Australia; and\n> > > \n> > > > (c) subject to [subsection (3)](#GS4@Gs3@EN) , one shall be selected from a panel of 3 persons nominated by the Tasmanian Division of the Australian Society of Accountants.\n> \n> > (3)  If, after being requested to do so by the Minister, the Tasmanian State Council of the Institute of Chartered Accountants in Australia or the Tasmanian Division of the Australian Society of Accountants fails to nominate a panel of persons in accordance with [subsection (2)](#GS4@Gs2@EN) within such period as may be specified in the request, the Minister may make the nomination in its place.\n> \n> > (4)  The members of the Board shall be appointed by the Governor.\n> \n> > (5)  The member referred to in [subsection (2)](#GS4@Gs2@EN) [(a)](#GS4@Gs2@Hpa@EN) shall be the Chairman of the Board.\n> \n> > (6)  [Schedule 1](#JS1@EN) has effect with respect to the Board.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Deputies of members","content":"### 5 Deputies of members\n\n> > (1)  The Governor may appoint a person to be a deputy of any member of the Board.\n> \n> > (2)  [*\\[Section 5 Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja11@GC2@EN) A person who is appointed to be the deputy of the Chairman of the Board shall be an Australian lawyer who has practised as an Australian legal practitioner for not less than 5 years.\n> \n> > (3)  A person who is appointed to be the deputy of a member of the Board referred to in [section 4](#GS4@EN) [(2)](#GS4@Gs2@EN) [(b)](#GS4@Gs2@Hpb@EN) or [(c)](#GS4@Gs2@Hpc@EN) shall be selected from a panel of 3 persons nominated by the body which nominated that member.\n> \n> > (4)  If, after being requested to do so by the Minister, the Tasmanian State Council of the Institute of Chartered Accountants in Australia or the Tasmanian Division of the Australian Society of Accountants fails to nominate a panel of persons in accordance with [subsection (3)](#GS5@Gs3@EN) within such period as may be specified in the request, the Minister may make the nomination in its place.\n> \n> > (5)  In the absence of a member of the Board, or if the office of a member of the Board is vacant, the deputy for that member is entitled to attend the proceedings of the Board in the place of that member, and, while so attending, shall be deemed to be a member of the Board.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Powers of Board","content":"### 6 Powers of Board\n\n> *\\[Section 6 Amended by No. 51 of 1985, s. 4 and Sched. 2, Pt . II \\]*The Board has the powers that are conferred on the Companies Auditors and Liquidators Disciplinary Board by [Subdivision B of Division 2 of Part II of the Code](/view/html/inforce/2026-04-12/act-1982-007#HP2@HD2@HdB@EN) .","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Secretary to the Board","content":"### 7 Secretary to the Board\n\n> *\\[Section 7 Substituted by No. 29 of 1984, s. 3 and Sched. 1 \\]*\n> \n> > (1)  [*\\[Section 7 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja26@GC1@Hpc@EN) [*\\[Section 7 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja26@GC1@Hpb@EN) [*\\[Section 7 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja26@GC1@Hpa@EN) *\\[Section 7 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 \\]*The Board may, with the approval of the Secretary of the Department appoint a State Service officer or a State Service employee employed in that Department to be Secretary to the Board, and that employee may hold that office in conjunction with State Service employment.\n> \n> > (2)  The Secretary to the Board shall perform such functions as may be prescribed in the regulations or as the Board may direct.\n> \n> > (3)  [*\\[Section 7 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja26@GC1@Hpd@EN) The Board shall pay to the Public Account such sum as may be determined by the Treasurer for the service of a State Service officer or State Service employee, appointed under [subsection (1)](#GS7@Gs1@EN) , and the Treasurer may reimburse that sum to the Agency in which the employee is employed.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Proceedings of Board","content":"### 8 Proceedings of Board\n\n> [Schedule 2](#JS2@EN) has effect with respect to the procedure to be followed by the Board when dealing with a matter arising before it under [the Code](/view/html/inforce/2026-04-12/act-1982-007#) .","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Regulations","content":"### 9 Regulations\n\n> The Governor may make regulations for the purposes of this Act.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Savings and transitional provisions","content":"### 10 Savings and transitional provisions\n\n> > (1)  A person who, immediately before the commencement of this Act, was a member of the Companies Auditors Board constituted under the [Companies Act 1962](/view/html/inforce/2026-04-12/act-9999-999) shall be deemed to be a member of the Companies Auditors and Liquidators Disciplinary Board constituted by this Act and to have been appointed to hold office for the period expiring on the date on which the period for which he was appointed under the [Companies Act 1962](/view/html/inforce/2026-04-12/act-9999-999) would have expired.\n> \n> > (2)  A person who, immediately before the commencement of this Act, was the deputy of a member of the Companies Auditors Board constituted under the [Companies Act 1962](/view/html/inforce/2026-04-12/act-9999-999) shall be deemed to be the deputy of that member of the Companies Auditors and Liquidators Disciplinary Board constituted under this Act and to have been appointed to hold office for the period expiring on the date on which the period for which that member was appointed under the [Companies Act 1962](/view/html/inforce/2026-04-12/act-9999-999) would have expired.\n> \n> > (3)  Notwithstanding the repeal of the [Companies Act 1962](/view/html/inforce/2026-04-12/act-9999-999) by the [Companies (Application of Laws) Act 1982](/view/html/inforce/2026-04-12/act-1982-007) , the Companies Auditors Board established by the [Companies Act 1962](/view/html/inforce/2026-04-12/act-9999-999) continues in existence for such period as is necessary for that Board to complete any proceedings or business that it had commenced but not completed before the repeal of the [Companies Act 1962](/view/html/inforce/2026-04-12/act-9999-999) , and that Board has, for the purposes of completing that proceeding or business, all the powers that it would have had if that Act had not been repealed.","sortOrder":9},{"sectionNumber":"SCHEDULE 1 - Provisions Relati","sectionType":"part","heading":"SCHEDULE 1 - Provisions Relating to Members and Deputy Members of the Board","content":"# SCHEDULE 1 - Provisions Relati SCHEDULE 1 - Provisions Relating to Members and Deputy Members of the Board\n\n[Section 4](#GS4@EN)\n\n> **1.   **Term of office of members and deputy members****\n> \n> > > (1) A member of the Board shall, subject to this Schedule and [section 10](#GS10@EN) , hold office for such period, not exceeding 3 years, as is specified in the instrument of his appointment, and is, if otherwise qualified, eligible to become a member again at or after the expiration of his previous term of office.\n> > \n> > > (2) A deputy for a member shall, subject to this Schedule and [section 10](#GS10@EN) , hold office as deputy member for the remainder of the term for which the member was appointed.\n\n> **2.   **Remuneration of members and deputy members****\n> \n> > > (1) A member and a deputy member of the Board are entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine in respect of them.\n> > \n> > > (2) The office of a member or a deputy member of the Board shall not, for the purposes of any other Act, be regarded as being an office or place of profit under the Crown.\n\n> **3.   **Validity of appointment and acts of deputy members****\n> \n> > Neither the appointment of a deputy member of the Board, nor any act done by him as such, shall be questioned on the ground that the occasion for his acting as a member of the Board had not arisen or had ceased.\n\n> **4.   **Vacancies: members of Board****\n> \n> > > (1) The office of a member of the Board is vacated –\n> > > \n> > > > > (a) when the member dies;\n> > > > \n> > > > > (b) if the member becomes an insolvent under administration within the meaning of the [Companies (Tasmanian) Code](/view/html/inforce/2026-04-12/act-9999-999) ;\n> > > > \n> > > > > (c) [*\\[Schedule 1 Amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999\\]*](/view/html/inforce/1999-11-01/act-1996-032#JS1@Ja8@GC1@EN) if the member becomes unable to perform competently the duties of the office;\n> > > > \n> > > > > (d) if the member is convicted in Tasmania of a crime or an offence which is punishable by imprisonment for 12 months or more or if he is convicted elsewhere than in Tasmania of a crime or an offence which, if committed in Tasmania, would be a crime or an offence so punishable;\n> > > > \n> > > > > (e) if the member is found guilty of an offence involving fraud or dishonesty;\n> > > > \n> > > > > (f) if the member applies to resign his office by writing under his hand addressed to the Governor and the Governor accepts the resignation;\n> > > > \n> > > > > (g) if the member is removed from office under [subclause (2)](#JS1@GC4@Gc2@EN) ; or\n> > > > \n> > > > > (h) if, without leave of the Board, the member is absent from 3 consecutive meetings of the Board.\n> > \n> > > (2) The Governor may remove a member of the Board from office for misbehaviour, failure to carry out his duty, or incompetence.\n\n> **5.   **Vacancies: deputy members of Board****\n> \n> > > (1) Where a person is holding office as a deputy member of the Board, the office of that deputy member is vacated –\n> > > \n> > > > > (a) when the deputy member dies;\n> > > > \n> > > > > (b) if the appointment of the deputy member is terminated by the Governor under [subclause (2)](#JS1@GC5@Gc2@EN) ; or\n> > > > \n> > > > > (c) if the deputy member resigns his office by writing under his hand addressed to the Governor and the Governor accepts the resignation –\n> > > \n> > > and [section 5](#GS5@EN) applies for the purpose of filling the vacancy.\n> > \n> > > (2) The Governor may at any time terminate the appointment of a deputy member of the Board.\n\n> **6.   **Filling of vacancies****\n> \n> > On the occurrence of a vacancy in the office of a member or a deputy member of the Board, the office shall be filled as if it had become vacant by reason of the expiry of the term of office of the previous occupant.","sortOrder":10},{"sectionNumber":"SCHEDULE 2 - Proceedings of Bo","sectionType":"part","heading":"SCHEDULE 2 - Proceedings of Board","content":"# SCHEDULE 2 - Proceedings of Bo SCHEDULE 2 - Proceedings of Board\n\n[Section 8](#GS8@EN)\n\n> **1.   **Chairman to preside****\n> \n> > > (1) The Chairman of the Board shall preside at all proceedings of the Board atwhich he is present.\n> > \n> > > (2) If for any reason the Chairman is or will be unable to attend any proceeding of the Board, the deputy for the Chairman of the Board shall, if available, act as Chairman of the Board in his place for the purpose of that proceeding and, while so acting, shall be deemed to be Chairman of the Board.\n\n> **2.   **Quorum for hearing and determining matters before Board****\n> \n> > > (1) Except as provided in [subclause (2)](#JS1@GC2@Gc2@EN) , the Board does not have jurisdiction to hear or determine a matter unless 3 persons able to constitute the Board are present.\n> > \n> > > (2) A decision of the Board, and the reasons for the decision, may be announced by a member of the Board sitting alone.\n\n> **3.   **Decision of Board****\n> \n> > The decision of the majority at any properly constituted proceeding of the Board shall be deemed to be the decision of the Board.\n\n> **4.   **Proceeding to be regulated fairly and reasonably****\n> \n> > Subject to [the Code](/view/html/inforce/2026-04-12/act-1982-007#) and to this Schedule, the Board may regulate its proceedings in such manner as appears to it to be fair and reasonable.","sortOrder":11}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act consolidates and continues disciplinary functions for auditors and liquidators rather than expanding or narrowing them: it establishes the new Companies Auditors and Liquidators Disciplinary Board and gives it powers under the Companies (Tasmania) Code (s 4, s 6), while preserving the prior board and unfinished proceedings to complete business begun under the repealed Act (s 10)."},"complexity_factors":["Cross‑reference to external substantive rules: the Board’s powers are defined by Subdivision B of Division 2 of Part II of the Companies (Tasmania) Code rather than within this Act itself (s 6). This delegates substantive disciplinary detail outside the Act.","Appointment and nomination mechanics: Governor appoints members, but two industry bodies nominate panels and the Minister may substitute nominations if those bodies fail to act (s 4(2)–(4)). This creates multi‑actor appointment pathways and ministerial backup.","Deputy appointment procedure mirrors primary appointments and can be made by Governor or via nominated panels; deputies exercise full member powers when acting (s 5(1)–(5); Sch 1 cl 3).","Administrative and payment arrangements: Secretary is a State Service officer appointed with Department approval; Treasurer determines reimbursement to the Agency for that officer’s service (s 7(1), (3)). This imposes an identifiable public‑sector cost and inter‑agency payment flow.","Governance, tenure and removal rules set out in Schedule 1: fixed maximum 3‑year terms, grounds for vacation (including insolvency, conviction, incompetence), Governor’s power of removal for misbehaviour or incompetence, and remuneration determined by Governor (Sch 1 cls 1, 2, 4).","Proceedings and quorum rules: Board normally requires three members to hear matters but permits a single member to announce a decision and reasons (Sch 2 cl 2(1)–(2)). This creates a notable discretional processing shortcut.","Transitional continuity: outgoing Companies Auditors Board continues to finish unfinished business and earlier members/deputies are preserved for their original terms (s 10(1)–(3)). This reduces immediate disruption but preserves prior authority."],"plain_english_summary":"This Act creates a three‑member disciplinary board for company auditors and liquidators, prescribes how members and deputies are nominated and appointed, and applies disciplinary powers drawn from the Companies (Tasmania) Code. It affects auditors, liquidators and the accounting bodies that nominate members because it sets procedures, terms, removal grounds and transitional arrangements for existing disciplinary business."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing the governance framework for a disciplinary tribunal. While amended several times (notably in 2007 to update legal practitioner terminology), it has not expanded beyond its core function of constituting the Board and setting its procedural rules. The substantive disciplinary powers were always intended to be in the companion Companies Code."},"complexity_factors":["Short statute: only 10 sections plus 2 schedules","Minimal defined terms: only 3 definitions in the interpretation section (Board, the Code, the regulations)","Heavy reliance on external legislation: the board's substantive powers are entirely contained in the Companies (Tasmania) Code, not this Act","Simple administrative structure: straightforward appointment processes, term limits, and meeting procedures","No nested exceptions or complex conditional logic: most provisions are direct and procedural","Schedules contain standard governance boilerplate (vacancies, remuneration, quorum rules) common to many Australian tribunals"],"plain_english_summary":"This law creates a special tribunal called the **Companies Auditors and Liquidators Disciplinary Board** to discipline accountants and insolvency practitioners (liquidators) in Tasmania who misbehave or perform poorly.\n\n**What it does:**\n- Sets up a 3-person board with specific expertise: a lawyer (who chairs the board), an accountant from the Institute of Chartered Accountants, and an accountant from CPA Australia (formerly the Australian Society of Accountants).\n- Gives the board power to investigate complaints and impose penalties on auditors and liquidators who breach professional standards under Tasmania's Companies Code.\n- Establishes rules for how the board operates: who can be a member, how long they serve (up to 3 years), when they can be removed, and how meetings must run (need all 3 members present to hear cases, though one member can announce decisions).\n\n**Who it affects:**\n- **Auditors and liquidators** registered in Tasmania — they can be hauled before this board for disciplinary action.\n- **Professional accounting bodies** — they nominate candidates for two of the three board positions.\n- **The public** — provides a way to hold company auditors and insolvency practitioners accountable.\n\n**Why it matters:**\nCompany auditors check that businesses are telling the truth about their finances. Liquidators wind up companies that go broke. If these people are incompetent or dishonest, investors, creditors, and the public lose money. This board acts as a watchdog with teeth — it can reprimand, fine, suspend, or disqualify these professionals.\n\n**Key quirks:**\n- The board's actual disciplinary powers aren't in this Act — they're tucked away in a completely different law (the Companies (Tasmania) Code), which this Act references.\n- It's a Tasmanian-specific regime from the 1980s, reflecting the old state-based company law system before Australia moved to national corporate regulation in 1991."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1982 Act was enacted in an era before the nationalisation of Australian corporate law. Since then, the Commonwealth's Corporations Act 2001 and ASIC (Australian Securities and Investments Commission) have taken over primary responsibility for regulating auditors and liquidators nationally. The practical scope of this Tasmanian Act has therefore likely narrowed significantly from its original intent as a standalone disciplinary framework, now potentially serving only a residual or complementary role."},"complexity_factors":["The legislation itself is not reproduced in full — only metadata and status information is visible, limiting detailed analysis","Interaction between state and federal corporate law creates jurisdictional complexity (Tasmania vs. Commonwealth Corporations Act 2001)","Specialised subject matter requiring understanding of corporate governance, insolvency law, and professional regulation","Historical legislation (1982) that may have been substantially overtaken by federal law, creating uncertainty about its current practical scope","References to administrative arrangements that require cross-referencing external government documents to understand current responsibility"],"plain_english_summary":"The Companies Auditors and Liquidators Disciplinary Board Act 1982 (Tas.) creates a statutory disciplinary board to oversee company auditors and liquidators, allowing investigation of complaints, hearings, and sanctions (including suspension or cancellation). It affects auditors, liquidators, businesses and the public who rely on their integrity, providing accountability to prevent fraud or negligence. As a 1982 state Act, it now largely plays a supporting role alongside federal corporate regulation."}},"importantCases":[],"_links":{"self":"/api/acts/companies-auditors-and-liquidators-disciplinary-board-act-1982","history":"/api/acts/companies-auditors-and-liquidators-disciplinary-board-act-1982/history","analysis":"/api/acts/companies-auditors-and-liquidators-disciplinary-board-act-1982/analysis","conflicts":"/api/acts/companies-auditors-and-liquidators-disciplinary-board-act-1982/conflicts","importantCases":"/api/acts/companies-auditors-and-liquidators-disciplinary-board-act-1982/important-cases","documents":"/api/acts/companies-auditors-and-liquidators-disciplinary-board-act-1982/documents"}}