{"id":"tas:act-2004-056","name":"Forest Practices Administrative Reform (Transitional and Consequential) Act 2004","slug":"forest-practices-administrative-reform-transitional-and-consequential-act-2004","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"56 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105598,"registerId":"tas-act-2004-056-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 [Forest Practices Administrative Reform (Transitional and Consequential) Act 2004](/view/html/inforce/2026-04-12/act-2004-056) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which the [Forest Practices Amendment (Administrative Reform) Act 2004](/view/html/inforce/2026-04-12/act-2004-055) commences.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Savings and transitional","content":"### 3 Savings and transitional\n\n> The savings and transitional provisions set out in [Schedule 1](#JS1@EN) have effect.","sortOrder":2},{"sectionNumber":"4.","sectionType":"section","heading":null,"content":"### 4.\n\n> See [Schedule 2](#JS2@EN) .","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Section 32A of  Freedom of Information Act 1991  repealed","content":"### 5 Section 32A of  Freedom of Information Act 1991  repealed\n\n> Section 32A of the [Freedom of Information Act 1991](/view/html/inforce/2026-04-12/act-1991-022) is repealed.","sortOrder":4},{"sectionNumber":"SCHEDULE 1 - Savings and trans","sectionType":"part","heading":"SCHEDULE 1 - Savings and transitional","content":"# SCHEDULE 1 - Savings and trans SCHEDULE 1 - Savings and transitional\n\n[Section 3](#GS3@EN)\n\n> **1.   **Interpretation****\n> \n> > In this Schedule –\n> > \n> > > ***commencement day*** means the day on which the [Forest Practices Amendment (Administrative Reform) Act 2004](/view/html/inforce/2026-04-12/act-2004-055) commences;\n> > \n> > > ***Council*** means the Forest Practices Advisory Council established under [section 37A](/view/html/inforce/2026-04-12/act-1985-048#GS37A@EN) of the [Forest Practices Act 1985](/view/html/inforce/2026-04-12/act-1985-048) ;\n> > \n> > > ***existing member*** means –\n> > > \n> > > > > (a) in respect of the reconstituted regulatory body, a person who was a member of that body immediately before the commencement day; and\n> > > > \n> > > > > (b) in respect of the Council, a person who, immediately before the commencement day, was a Council member referred to in paragraph (a), (e) or (g) of [section 37A(2)](/view/html/inforce/2026-04-12/act-1985-048#GS37A@Gs2@EN) of the [Forest Practices Act 1985](/view/html/inforce/2026-04-12/act-1985-048) ;\n> > \n> > > ***reconstituted regulatory body*** means the body, referred to in [section 4AA of the](/view/html/inforce/2026-04-12/act-1985-048#GS4AA@EN) [Forest Practices Act 1985](/view/html/inforce/2026-04-12/act-1985-048) , which –\n> > > \n> > > > > (a) immediately before the commencement day, was named the \"Forest Practices Board\"; and\n> > > > \n> > > > > (b) is continuing, on and after the commencement day, as the \"Forest Practices Authority\".\n\n> **2.   **Continuation of reconstituted regulatory body's identity and rights****\n> \n> > The corporate identity and rights of the reconstituted regulatory body are not affected by the change of its name or its reconstitution effected by the [Forest Practices Amendment (Administrative Reform) Act 2004](/view/html/inforce/2026-04-12/act-2004-055) .\n\n> **3.   **Membership of reconstituted regulatory body: termination of existing appointments****\n> \n> > For the avoidance of doubt, the term of appointment of each existing member of the reconstituted regulatory body ceases on the commencement of the [Forest Practices Amendment (Administrative Reform) Act 2004](/view/html/inforce/2026-04-12/act-2004-055) but, if qualified, he or she is eligible to be appointed to the Board of Directors of that body as reconstituted by that Act.\n\n> **4.   **Membership of Forest Practices Advisory Council: termination of certain existing appointments****\n> \n> > For the avoidance of doubt, the term of appointment of each existing member of the Council ceases on the commencement of the [Forest Practices Amendment (Administrative Reform) Act 2004](/view/html/inforce/2026-04-12/act-2004-055) but, if qualified, he or she is eligible to be nominated or appointed as a member of the Council after that commencement.","sortOrder":5},{"sectionNumber":"SCHEDULE 2 - Consequential ame","sectionType":"part","heading":"SCHEDULE 2 - Consequential amendments","content":"# SCHEDULE 2 - Consequential ame SCHEDULE 2 - Consequential amendments\n\n[Section 4](#GS4@EN)\n\n> > (a) [Forestry Act 1920](/view/html/inforce/2026-04-12/act-1920-060) ;\n> \n> > (b) [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) ;\n> \n> > (c) [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) ;\n> \n> > (d) [Ombudsman Act 1978](/view/html/inforce/2026-04-12/act-1978-082) ;\n> \n> > (e) [Private Forests Act 1994](/view/html/inforce/2026-04-12/act-1994-028) .","sortOrder":6}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This legislation performs exactly the function its title suggests — transitional and consequential amendments to support administrative reform. It has not expanded beyond its original purpose of facilitating the reconstitution of the Forest Practices Board into the Forest Practices Authority and making necessary technical amendments to related legislation."},"complexity_factors":["Very short statute (approximately 6 substantive sections/schedules)","Only 4 defined terms in Schedule 1","Simple conditional logic limited to eligibility for reappointment","Heavy reliance on external references to the Forest Practices Amendment (Administrative Reform) Act 2004 and Forest Practices Act 1985, requiring cross-reading to understand full effect","Schedule 2 is essentially a list of other Acts to be amended, with actual amendment details contained elsewhere","No nested exceptions or complex procedural requirements"],"plain_english_summary":"This is a short, technical law that acts as a 'clean-up' companion to another piece of legislation — the Forest Practices Amendment (Administrative Reform) Act 2004.\n\n**What it does:**\n\n* **Renames and restructures the forest regulator:** The 'Forest Practices Board' becomes the 'Forest Practices Authority'. This Act makes sure the new Authority keeps all the legal rights, property, and obligations of the old Board — it's the same entity, just with a new name and structure.\n\n* **Clears out the old board members:** All existing members of the old Board and certain members of the Forest Practices Advisory Council are automatically removed from their positions when the new laws start. However, they can apply to be reappointed to the new Authority's Board of Directors if they're still qualified.\n\n* **Fixes up other laws:** It triggers changes to five other Tasmanian Acts (listed in Schedule 2) to update references and remove inconsistencies caused by the restructure.\n\n* **Removes a secrecy provision:** It repeals Section 32A of the Freedom of Information Act 1991, which likely protected certain forest practices information from public disclosure.\n\n**Who it affects:**\n\n* Former members of the Forest Practices Board and Advisory Council\n* The newly reconstituted Forest Practices Authority\n* Anyone dealing with forest practices regulation in Tasmania\n\n**Why it matters:**\nThis is typical 'machinery of government' legislation. It ensures a smooth transition when a government body is restructured — preventing legal gaps, clarifying that the new Authority inherits the old Board's responsibilities, and managing the human resources transition for board members."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act appears consistent with its stated purpose as a transitional and consequential instrument supporting a broader forest practices administrative reform. There is no evidence in the available text that the scope expanded beyond managing the administrative changeover and updating related legislation."},"complexity_factors":["Limited legislative text is available for analysis — the full provisions are not reproduced here, reducing ability to assess detailed complexity","Transitional and consequential legislation inherently requires cross-referencing multiple other Acts, adding some complexity for those tracking its effects","Relatively narrow subject matter (forest practices administration reform in one state) limits overall complexity","As a 'spent' transitional Act, most provisions had a finite operational life, simplifying ongoing interpretation","Tasmanian-only jurisdiction limits scope and complexity compared to federal legislation"],"plain_english_summary":"The Act is a short, housekeeping law that managed the switch to Tasmania’s reformed forest practices regime by providing transitional arrangements and making consequential amendments to other laws. It protected existing licences, approvals and obligations so forestry operators, landowners and regulators could continue operating without legal disruption during the changeover. Its purpose was continuity and legal certainty; its practical task is largely spent."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act is primarily transitional and consequential: it preserves the reconstituted body's legal identity and rights (Sch 1 cl 2), ends and permits reappointment of current members (Sch 1 cls 3–4), and repeals a Freedom of Information provision (s5). It does not itself create new substantive regulatory powers or widen the regulatory scope; it adjusts governance, administrative continuity and FOI obligations tied to the Amendment Act (s2)."},"complexity_factors":["Cross-reference dependency: commencement tied to the separate Forest Practices Amendment (Administrative Reform) Act 2004 (s2), requiring coordination of separate instruments.","Transitional appointment rules: termination of existing appointments with eligibility for reappointment (Sch 1 cls 3–4) creates administrative selection processes and potential gaps in governance.","Continuity of corporate identity and rights preserved (Sch 1 cl 2), which maintains contractual, asset and liability continuity but requires careful legal mapping by counterparties and administrators.","Statutory repeal of an FOI provision (s32A repealed, s5) changes information‑access obligations and may alter compliance burden.","Consequential amendments list (Sch 2) references multiple Acts (Forestry Act 1920; Government Business Enterprises Act 1995; Nature Conservation Act 2002; Ombudsman Act 1978; Private Forests Act 1994), increasing scope for indirect legal effects and review of cross‑statutory references.","Relatively narrow subject matter and limited substantive policy change reduces interpretive complexity but raises practical implementation tasks for agencies and appointees."],"plain_english_summary":"Mechanically, the Act links its start to the Forest Practices Amendment (Administrative Reform) Act 2004 (s2), preserves the reconstituted regulatory body's corporate identity and rights despite a name/reconstitution (Sch 1 cl 2), terminates existing board and advisory‑council appointments but allows eligible reappointment (Sch 1 cls 3–4), and repeals s32A of the Freedom of Information Act 1991 (s5). It affects the Forest Practices Authority/Board, the Forest Practices Advisory Council, their members and contractual counterparties, creating administrative and selection costs while keeping legal continuity."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/forest-practices-administrative-reform-transitional-and-consequential-act-2004","history":"/api/acts/forest-practices-administrative-reform-transitional-and-consequential-act-2004/history","analysis":"/api/acts/forest-practices-administrative-reform-transitional-and-consequential-act-2004/analysis","conflicts":"/api/acts/forest-practices-administrative-reform-transitional-and-consequential-act-2004/conflicts","importantCases":"/api/acts/forest-practices-administrative-reform-transitional-and-consequential-act-2004/important-cases","documents":"/api/acts/forest-practices-administrative-reform-transitional-and-consequential-act-2004/documents"}}