{"id":"tas:act-1891-025","name":"Crown Remedies Act 1891","slug":"crown-remedies-act-1891","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"25 of 1891","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110829,"registerId":"tas-act-1891-025-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> *\\[Section 1 Substituted by No. 36 of 1958 \\]*This Act may be cited as the [Crown Remedies Act 1891](/view/html/inforce/2026-04-12/act-1891-025) .","sortOrder":0},{"sectionNumber":"2.","sectionType":"section","heading":null,"content":"### 2.\n\n*\\[Section 2 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Fines to be recoverable by judgment","content":"### 3 Fines to be recoverable by judgment\n\n> > (1)  Whenever any fine shall be imposed upon any person otherwise than by a judgment or conviction of a court or a justice, and such fine shall not be immediately paid, a judge of the Court by which, or the justice by whom, such fine shall be imposed, shall, by writing under his hand, in the form contained in [Schedule 1](#JS1@EN) , certify that such fine has been imposed and has not been paid, together with the name and place of abode or business of the person on whom such fine shall have been so imposed, and the cause and amount of such fine, and shall deliver or send by the post such writing to the Attorney-General.\n> \n> > (2)  *\\[Section 3 Subsection (2) amended by No. 55 of 1965, s. 5 \\]*Upon receipt of such writing the Attorney-General shall cause a final judgment to be signed in the Supreme Court for the amount of such fine and costs not exceeding $10.\n> \n> > (3)  Every such judgment may be in the form contained in [Schedule 2](#JS2@EN) , and no writ of error or appeal shall lie or be had therefrom.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Debts due by recognizance recovered by judgment","content":"### 4 Debts due by recognizance recovered by judgment\n\n> > (1)  *\\[Section 4 Subsection (1) amended by 25 Geo. V No. 78 \\]*When any person shall have entered into any recognizance to His Majesty which is not hereinafter exempted from the operation of this Act, and such recognizance shall be forfeited, it shall be lawful for the judge of the Court before which, or the justice before whom, the same shall be forfeited, to cause such recognizance to be estreated.\n> \n> > (2)  Every such estreat shall be effected as follows, that is to say – Such judge or justice shall, by writing under his hand, in the form contained in [Schedule 3](#JS3@EN) , certify that such forfeiture has taken place, and shall deliver or send by post the said recognizance and writing to the Attorney-General.\n> \n> > (3)  *\\[Section 4 Subsection (3) amended by No. 55 of 1965, s. 5 \\]*Upon receipt of the said recognizance and writing, the Attorney-General shall cause a final judgment to be signed in the Supreme Court for the amount of such recognizance and $10 for costs.\n> \n> > (4)  Every such judgment may be in the form contained in [Schedule 4](#JS4@EN) ; and no writ of error or appeal shall lie or be had therefrom.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Power of Court or judge to vacate judgments","content":"### 5 Power of Court or judge to vacate judgments\n\n> *\\[Section 5 Amended by No. 36 of 1958 \\]*\n> \n> > (1)  When any final judgment shall have been signed under the provisions hereinbefore contained, it shall be lawful for the Supreme Court, or any judge thereof, whether execution shall have been issued upon such judgment or not, to order satisfaction to be entered upon such judgment.\n> \n> > (2)  No order shall be made under [subsection (1)](#GS5@Gs1@EN) except upon a rule *nisi* or summons calling upon the Attorney-General to show cause, nor unless it shall be proved by affidavit to the satisfaction of such Court or judge either that the said judgment has been satisfied, or that, according to equity and good conscience and the real merits and justice of the case, the defendant ought not to be required to satisfy the same.","sortOrder":4},{"sectionNumber":"6.","sectionType":"section","heading":null,"content":"### 6.\n\n*\\[Section 6 Repealed by 23 Geo. V No. 58 \\]*","sortOrder":5},{"sectionNumber":"7.","sectionType":"section","heading":null,"content":"### 7.\n\n*\\[Section 7 Repealed by 23 Geo. V No. 58 \\]*","sortOrder":6},{"sectionNumber":"8.","sectionType":"section","heading":null,"content":"### 8.\n\n*\\[Section 8 Repealed by 23 Geo. V No. 58 \\]*","sortOrder":7},{"sectionNumber":"9.","sectionType":"section","heading":null,"content":"### 9.\n\n*\\[Section 9 Repealed by 23 Geo. V No. 58 \\]*","sortOrder":8},{"sectionNumber":"10.","sectionType":"section","heading":null,"content":"### 10.\n\n*\\[Section 10 Repealed by 23 Geo. V No. 58 \\]*","sortOrder":9},{"sectionNumber":"11.","sectionType":"section","heading":null,"content":"### 11.\n\n*\\[Section 11 Repealed by 23 Geo. V No. 58 \\]*","sortOrder":10},{"sectionNumber":"12.","sectionType":"section","heading":null,"content":"### 12.\n\n*\\[Section 12 Repealed by 23 Geo. V No. 58 \\]*","sortOrder":11},{"sectionNumber":"13.","sectionType":"section","heading":null,"content":"### 13.\n\n*\\[Section 13 Repealed by 23 Geo. V No. 58 \\]*","sortOrder":12},{"sectionNumber":"14.","sectionType":"section","heading":null,"content":"### 14.\n\n*\\[Section 14 Repealed by 23 Geo. V No. 58 \\]*","sortOrder":13},{"sectionNumber":"15.","sectionType":"section","heading":null,"content":"### 15.\n\n*\\[Section 15 Repealed by 23 Geo. V No. 58 \\]*","sortOrder":14},{"sectionNumber":"16.","sectionType":"section","heading":null,"content":"### 16.\n\n*\\[Section 16 Repealed by 23 Geo. V No. 58 \\]*","sortOrder":15},{"sectionNumber":"17.","sectionType":"section","heading":null,"content":"### 17.\n\n*\\[Section 17 Repealed by 23 Geo. V No. 58 \\]*","sortOrder":16},{"sectionNumber":"18.","sectionType":"section","heading":null,"content":"### 18.\n\n*\\[Section 18 Repealed by 23 Geo. V No. 58 \\]*","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Act does not apply to land or income tax or estate duty","content":"### 19 Act does not apply to land or income tax or estate duty\n\n> *\\[Section 19 Amended by 25 Geo. V No. 78 \\]*The provisions of this Act shall not apply to the enforcement of payment of any sum of money due and payable by any person to His Majesty under the provisions of the [Land and Income Taxation Act 1910](/view/html/inforce/2026-04-12/act-1910-047) , or the [Deceased Persons' Estates Duties Act 1931](/view/html/inforce/2026-04-12/act-1931-023) , or to any recognizance mentioned in the [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) .","sortOrder":18},{"sectionNumber":"SCHEDULE 1","sectionType":"part","heading":"SCHEDULE 1","content":"# SCHEDULE 1 SCHEDULE 1\n\n*\\[Schedule 1 Amended by No. 55 of 1965, s. 5 \\]*\n\n[Section 3](#GS3@EN)","sortOrder":19},{"sectionNumber":"Form","sectionType":"division","heading":"Form","content":"## Form Form\n\n[![graphic image](/image/SG0057.gif)](/image/SG0057.gif)","sortOrder":20},{"sectionNumber":"SCHEDULE 2","sectionType":"part","heading":"SCHEDULE 2","content":"# SCHEDULE 2 SCHEDULE 2\n\n*\\[Schedule 2 Amended by 25 Geo. V No. 78 \\]* *\\[Schedule 2 Amended by No. 55 of 1965, s. 5 \\]*\n\n[Section 3](#GS3@EN)","sortOrder":21},{"sectionNumber":"SCHEDULE 3","sectionType":"part","heading":"SCHEDULE 3","content":"# SCHEDULE 3 SCHEDULE 3\n\n[Section 4](#GS4@EN)","sortOrder":23},{"sectionNumber":"SCHEDULE 4","sectionType":"part","heading":"SCHEDULE 4","content":"# SCHEDULE 4 SCHEDULE 4\n\n*\\[Schedule 4 Amended by 25 Geo. V No. 78 \\]* *\\[Schedule 4 Amended by No. 55 of 1965, s. 5 \\]*\n\n[Section 4](#GS4@EN)","sortOrder":25},{"sectionNumber":"SCHEDULE 5","sectionType":"part","heading":"SCHEDULE 5","content":"# SCHEDULE 5 SCHEDULE 5\n\n*\\[Schedule 5 Repealed by 23 Geo. V No. 58, s. 2 \\]*","sortOrder":27},{"sectionNumber":"SCHEDULE 6","sectionType":"part","heading":"SCHEDULE 6","content":"# SCHEDULE 6 SCHEDULE 6\n\n*\\[Schedule 6 Repealed by 23 Geo. V No. 58, s. 2 \\]*","sortOrder":28},{"sectionNumber":"SCHEDULE 7","sectionType":"part","heading":"SCHEDULE 7","content":"# SCHEDULE 7 SCHEDULE 7\n\n*\\[Schedule 7 Repealed by 23 Geo. V No. 58, s. 2 \\]*","sortOrder":29}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original Act appears to have been significantly broader, containing at least 18 sections and 7 schedules. Sections 2 and 6-18 have been repealed, along with Schedules 5-7. What remains is a narrow procedural mechanism for enforcing fines and recognizances. The scope has shrunk from a potentially comprehensive Crown remedies statute to a specific debt-collection shortcut."},"complexity_factors":["Short statute with only 4 operative sections (Sections 3, 4, 5, and 19)","Minimal defined terms — relies on common legal understanding of terms like 'recognizance', 'estreat', and 'writ of error'","Straightforward procedural mechanism: certificate → Attorney-General → judgment","Simple conditional logic: only applies to fines not immediately paid and recognizances not exempted","Heavy historical amendment notes (repeals of Sections 2 and 6-18, plus multiple amendments to remaining sections) create visual clutter but don't add operational complexity","Four schedule forms referenced but not reproduced in text (graphic placeholders)","Single clear exemption in Section 19 removing taxes and Criminal Code recognizances from scope"],"plain_english_summary":"This is a **Tasmanian law** (from 1891) that creates a fast-track system for the government (the \"Crown\") to collect certain debts.\n\n**What it does:**\n- If someone is fined by a court or justice but doesn't pay immediately, the judge writes a certificate and sends it to the Attorney-General. The Attorney-General can then get a **final judgment** (a court order to pay) signed in the Supreme Court without a full trial.\n- Similarly, if someone breaks a **recognizance** (a formal promise to do something, like appearing in court, backed by a money bond), the judge can certify the forfeiture and the Attorney-General gets a judgment for the amount owed.\n- These judgments are **final** — you can't appeal them or challenge them with a \"writ of error\" (an old legal procedure to correct mistakes).\n- However, the Supreme Court can later cancel (\"vacate\") these judgments if the debt is paid or if \"equity and good conscience\" says it's unfair to enforce them.\n\n**Who it affects:**\n- People fined by courts or justices who don't pay up immediately.\n- People who forfeit bail bonds or other recognizances.\n- The Attorney-General and the Supreme Court, who handle the paperwork to turn these into enforceable court judgments.\n\n**Why it matters:**\nThis law gives the government a shortcut to enforce fines and forfeited bonds. Instead of suing someone normally, the Attorney-General can get an automatic judgment. This makes debt collection faster for the Crown, but removes normal appeal rights for defendants. The trade-off is that the Court can still step in later if the judgment is unfair.\n\n**Important limits:**\n- This doesn't apply to land tax, income tax, or estate duty (death taxes) — those have their own enforcement rules.\n- It doesn't apply to recognizances mentioned in the Criminal Code."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"It is highly probable that the practical scope of this Act has narrowed significantly since 1891. Modern Tasmanian legislation governing Crown liability, government contracts, and judicial review has likely absorbed or superseded many of the original provisions. The Act's retention on the consolidated register suggests some provisions remain operative, but its original breadth — governing Crown remedies at a time when the government enjoyed extensive immunities — would have been substantially curtailed by 20th and 21st century law reform."},"complexity_factors":["Insufficient legislative text provided — only metadata and administrative information is available, preventing full substantive analysis","Historical legislation (1891) often uses archaic legal language and concepts that require interpretation in light of modern law","Crown law (rules about suing or being sued by the government) is an inherently specialised area of law with common law roots","Interaction with subsequent Tasmanian and Commonwealth legislation over 135 years may have altered the practical effect of individual provisions","The administrative structure (responsible minister, amendment history) suggests ongoing relevance but scope is unclear without full text"],"plain_english_summary":"The Crown Remedies Act 1891 governs how the Tasmanian government can be sued and sue others, limiting or extending legal remedies involving the Crown. It affects Tasmanians, businesses and government agencies in disputes with the state. Though the full text isn’t provided here, its long maintenance and consolidation suggest it still plays a live role in Tasmanian litigation; seek legal advice if you’re contesting or facing a claim involving the Crown."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The current Act is a narrowed, procedural statute: it authorises conversion of specified non‑court fines and forfeited recognizances into final Supreme Court judgments (ss 3–4), caps costs, bars appeals, and allows limited judicial vacatur (s 5). Many original provisions and schedules were repealed (see notes marking ss 6–18 and Schedules 5–7 'repealed by 23 Geo. V No. 58'), and later amendments (25 Geo. V No. 78; No. 36 of 1958; No. 55 of 1965) adjusted the short title, forms and cost provisions. Section 19 expressly excludes land/income tax, estate duty and certain Criminal Code recognizances, further narrowing enforcement scope."},"complexity_factors":["Limited number of operative provisions (chiefly ss 1, 3–5, 19) while many original sections and schedules are repealed (see notes for ss 6–18 and Schedules 5–7).","Procedure relies on executive action: Attorney‑General must cause final judgment to be signed (ss 3(2), 4(3)), concentrating enforcement initiation.","Appeal rights are removed for these judgments — 'no writ of error or appeal' (ss 3(3), 4(4)), simplifying but narrowing review.","Court vacatur is possible but constrained: only on rule nisi/summons and proof by affidavit meeting equity and conscience standards (s 5(1)–(2)).","Fixed, small costs caps are specified ($10) for recoveries, limiting recoverable expenses (ss 3(2), 4(3)).","Prescribed forms and evidentiary steps are set out via Schedules 1–4, creating formal procedural requirements.","Multiple later amendments and repeals (e.g. by 23 Geo. V No. 58; 25 Geo. V No. 78; No. 36 of 1958; No. 55 of 1965) require checking historical changes to trace current operation.","Explicit substantive exclusions (taxes and estate duty) narrow the Act’s enforcement scope (s 19)."],"plain_english_summary":"This Act lets the Attorney‑General convert certain fines (imposed otherwise than by court conviction) and forfeited recognizances into final Supreme Court judgments for recovery, with modest fixed costs and no appeal (ss 3–4). It excludes land/income tax, estate duty and some criminal recognizances (s 19), and allows the Supreme Court to set aside those judgments only on a rule nisi with satisfactory affidavit (s 5). The measure changes how liabilities are enforced, who must initiate judgment entry, and limits review rights."}},"importantCases":[],"_links":{"self":"/api/acts/crown-remedies-act-1891","history":"/api/acts/crown-remedies-act-1891/history","analysis":"/api/acts/crown-remedies-act-1891/analysis","conflicts":"/api/acts/crown-remedies-act-1891/conflicts","importantCases":"/api/acts/crown-remedies-act-1891/important-cases","documents":"/api/acts/crown-remedies-act-1891/documents"}}