{"id":"F2022L01438","name":"Corporations (Transfers of Estate Assets and Liabilities—Ministerial Consent) Determination 2022","slug":"corporations-transfers-of-estate-assets-and-liabilities-ministerial-consent-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441592,"registerId":"F2022L01438-fast-fetch-1775956861889","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Corporations (Transfers of Estate Assets and Liabilities—Ministerial Consent) Determination 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nCorporations (Transfers of Estate Assets and Liabilities—Ministerial Consent) Determination 2022\n\nI, Stephen Jones, Assistant Treasurer and Minister for Financial Services, make the following determination.\n\nDated   7 November 2022\n\n \n\nStephen Jones\n\nAssistant Treasurer  Minister for Financial Services\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name \n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\nPart 2—Transfers of Estate Assets and Liabilities\n\n5  When Ministerial Consent to a Transfer is Not Required\n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Corporations (Transfers of Estate Assets and Liabilities—Ministerial Consent) Determination 2022.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Corporations Act 2001.\n\n4  Definitions\n\nNote: Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the Corporations Act 2001 as in force from time to time.\n\n  In this instrument:\n\nthe Act means the Corporations Act 2001.\n\nPart 2—Transfers of Estate Assets and Liabilities\n\n \n\n5  When Ministerial Consent to a Transfer is Not Required\n\n  Under subsection 601WBD(1) of the Act, a voluntary transfer of estate assets and liabilities between companies is determined not to require the Minister’s consent.\n\n \n","sortOrder":0}],"analysis":{"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":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow function suggested by its title: exempting voluntary estate transfers from ministerial consent. There is no scope creep — it does not expand into related areas of corporate insolvency, add new regulatory requirements, or create additional exemptions. The scope remains tightly confined to the specific consent exemption."},"complexity_factors":["Extremely short — only 5 substantive provisions across 2 Parts","Zero defined terms in section 4 (definitions section merely references the parent Act)","Single operative provision (section 5) with no conditions, exceptions, or nested logic","No cross-references beyond a single reference to subsection 601WBD(1) of the Corporations Act 2001","No temporal limitations, sunset clauses, or transitional provisions","Essentially a binary on/off switch for a consent requirement"],"plain_english_summary":"This instrument removes the requirement that the Minister personally approve voluntary transfers of a company's assets and liabilities made as part of an estate transfer. \n\nIt affects companies, liquidators/administrators and the Assistant Treasurer/Minister for Financial Services, and matters because it speeds restructures, cuts red tape and reduces costs for businesses reorganising under the Corporations Act 2001."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not amend the Corporations Act itself; it exercises the power to determine that voluntary transfers between companies do not require Ministerial consent under subsection 601WBD(1) (s5) and is made under the Act (s3). In effect it removes an administrative consent requirement for qualifying transfers but does not expand or contract the substantive definitions or duties set out in the Corporations Act (see definitions provision, s4)."},"complexity_factors":["Single substantive operative clause (section 5) — low structural complexity but high reliance on external text.","Depends on statutory cross-reference to subsection 601WBD(1) of the Corporations Act (s5) — meaning and scope hinge on that external provision.","Definitions rely on the Corporations Act and Legislation Act interpretation rules (s4) — interpretive dependency increases analysis needed.","Commencement mechanic is straightforward (day after registration) but relevant to transitional timing (s2).","Administrative effect: removes requirement for Ministerial consent for qualifying voluntary transfers (s5) — shifts compliance burden to companies and reduces ministerial discretion.","Potential ambiguity over what counts as a 'voluntary transfer' and the limits of 'estate assets and liabilities' stems from reliance on the Act rather than this instrument (s5, s4).","Instrument is short and mechanically declaratory (s3 authority) — limited internal complexity but reliance on external statutory context creates interpretive work for practitioners."],"plain_english_summary":"This instrument says that, for voluntary transfers of estate assets and liabilities between companies, the Minister’s consent under subsection 601WBD(1) of the Corporations Act is not required. It affects companies undertaking such voluntary transfers by removing a step of seeking ministerial consent. Mechanically, the determination is made under the Corporations Act, relies on that Act’s definitions, and takes effect the day after registration (see provisions on authority, definitions and commencement)."}},"importantCases":[],"_links":{"self":"/api/acts/corporations-transfers-of-estate-assets-and-liabilities-ministerial-consent-determination-2022","history":"/api/acts/corporations-transfers-of-estate-assets-and-liabilities-ministerial-consent-determination-2022/history","analysis":"/api/acts/corporations-transfers-of-estate-assets-and-liabilities-ministerial-consent-determination-2022/analysis","conflicts":"/api/acts/corporations-transfers-of-estate-assets-and-liabilities-ministerial-consent-determination-2022/conflicts","importantCases":"/api/acts/corporations-transfers-of-estate-assets-and-liabilities-ministerial-consent-determination-2022/important-cases","documents":"/api/acts/corporations-transfers-of-estate-assets-and-liabilities-ministerial-consent-determination-2022/documents"}}