{"id":"tas:act-2001-117","name":"Forestry (Fair Contract Codes) Act 2001","slug":"forestry-fair-contract-codes-act-2001","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"117 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105723,"registerId":"tas-act-2001-117-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Forestry (Fair Contract Codes) Act 2001](/view/html/inforce/2026-04-12/act-2001-117) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which this Act receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***Code*** means a Forestry Contract Code;\n> \n> > ***forestry contract*** means a contract that provides for one party to the contract to carry out, otherwise than as an employee, a forestry operation for another party to the contract or another person;\n> \n> > ***forestry operation*** means any of the following:\n> > \n> > > > (a) planting trees for commercial timber production;\n> > > \n> > > > (b) managing trees that have been planted for commercial timber production;\n> > > \n> > > > (c) harvesting trees for commercial timber production;\n> > > \n> > > > (d) transporting timber that has been harvested for commercial purposes;\n> > > \n> > > > (e) land clearing associated with a forestry operation specified elsewhere in this definition;\n> > > \n> > > > (f) road construction and quarrying associated with a forestry operation specified elsewhere in this definition;\n> \n> > ***incorporate*** includes apply and adopt;\n> \n> > ***interested party***, in relation to a Code, means –\n> > \n> > > > (a) a person that has a history of entering into forestry contracts of the kind to which the Code applies or is presently a party to a forestry contract of that kind; or\n> > > \n> > > > (b) a person that the Minister knows, whether from direct advice or publicly available information, is proposing to enter into a forestry contract of that kind.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"### 4 Act binds Crown\n\n> This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Forestry Contract Codes","content":"# Part 2 Forestry Contract Codes","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Minister may approve Codes","content":"### 5 Minister may approve Codes\n\n> > (1)  The Minister may, in writing, approve –\n> > \n> > > > (a) Forestry Contract Codes that are developed and submitted to the Minister by interested parties or their representatives; and\n> > > \n> > > > (b) variations of such Codes.\n> \n> > (2)  Separate Codes may be approved for different kinds of forestry contracts.\n> \n> > (3)  Without limiting the generality of [subsection (2)](#GS5@Gs2@EN) , a Code may be developed and approved for forestry contracts that relate, or principally relate, to –\n> > \n> > > > (a) a particular kind of forestry operation; or\n> > > \n> > > > (b) a particular sector of the forestry industry; or\n> > > \n> > > > (c) a particular place.\n> \n> > (4)  The purpose of a Code is to prescribe a set of standard conditions that will be taken, under [section 13](#GS13@EN) , to be contained in every forestry contract of the kind to which the Code applies, being conditions designed to ensure that such contracts are fair to all of the contracting parties.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Approval process","content":"### 6 Approval process\n\n> > (1)  Before approving a Code or a variation of a Code, the Minister must be satisfied that –\n> > \n> > > > (a) all interested parties that wished to do so were given adequate time and a reasonable opportunity, whether directly or through their representatives, to contribute to the development of the Code or variation; and\n> > > \n> > > > (b) the contributions of each of those interested parties were properly considered; and\n> > > \n> > > > (c) the Code or variation, as submitted, has the endorsement of all of the interested parties that contributed to its development, or a majority of them; and\n> > > \n> > > > (d) there is no justification for withholding the approval; and\n> > > \n> > > > (e) the conditions prescribed in the Code or variation are legally appropriate and effective for the Code, and consistent with its purpose.\n> \n> > (2)  Before approving a Code or a variation of a Code, the Minister may require, or request, the parties submitting the Code or variation to do any one or more of the following:\n> > \n> > > > (a) consult with specified persons, or seek specified advice, about the Code or variation or specified parts of the Code or variation;\n> > > \n> > > > (b) make specified revisions to the form or content of the Code or variation;\n> > > \n> > > > (c) furnish the Minister with specified information or evidence.\n> \n> > (3)  The Minister may –\n> > \n> > > > (a) consult with any person regarding the approval of a Code or a variation of a Code; and\n> > > \n> > > > (b) provide assistance to any person for the purposes of developing a Code or a variation of a Code.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Content of Codes","content":"### 7 Content of Codes\n\n> > (1)  A Code must –\n> > \n> > > > (a) clearly identify, by its title and provisions, the kind of forestry contracts that it applies to; and\n> > > \n> > > > (b) clearly identify the set of standard conditions that it is prescribing in relation to those contracts.\n> \n> > (2)  A Code may be in such form as the Minister approves.\n> \n> > (3)  A Code may provide for any matter by incorporating, either specifically or by reference and either wholly or in part, any code, standard, guideline, rule or specification relevant to forestry operations carried out under forestry contracts of the kind to which the Code applies, whether as in force at a particular time or as amended and in force from time to time, and with or without modification.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Minister's power to initiate Codes","content":"### 8 Minister's power to initiate Codes\n\n> > (1)  If the Minister is satisfied that there is a need for a particular Code, or a variation of a Code, the Minister may invite interested parties, or a representative group of interested parties, to develop the required Code or variation and submit it for the Minister's approval under [section 5](#GS5@EN) .\n> \n> > (2)  If the required Code or variation is not submitted to the Minister within 9 months of the invitation, the Minister in his or her absolute discretion may –\n> > \n> > > > (a) develop the Code or variation with or without further reference to any interested parties; and\n> > > \n> > > > (b) notwithstanding [section 6](#GS6@EN) , approve the Code or variation as so developed.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Revocation of Codes","content":"### 9 Revocation of Codes\n\n> The Minister may revoke a Code if satisfied that it –\n> \n> > > (a) is being immediately replaced by another Code for the same, or substantially the same, kinds of forestry contracts; or\n> > \n> > > (b) no longer has any application.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Notice of intention to approve or revoke Codes","content":"### 10 Notice of intention to approve or revoke Codes\n\n> The Minister must, before approving a Code or a variation of a Code, or before revoking a Code, give at least 30 days' notice of his or her intention to do so in the *Gazette* and in3 daily newspapers published and circulated generally in Tasmania.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Parliamentary approval required","content":"### 11 Parliamentary approval required\n\n> > (1)  A Code, or a variation of a Code, is not capable of coming into force unless it has been approved by both Houses of Parliament.\n> \n> > (2)  A Code or variation of a Code is approved by a House of Parliament –\n> > \n> > > > (a) when the House passes a motion approving the Code or variation; or\n> > > \n> > > > (b) at the end of 5 sitting days after the Code or variation is laid before the House, if no notice of a motion to disapprove the Code or variation is before the House; or\n> > > \n> > > > (c) if such a notice is before the House at the end of that period, when the first of the following things occurs:\n> > > > \n> > > > > > (i) the notice is withdrawn;\n> > > > > \n> > > > > > (ii) the motion is negatived;\n> > > > > \n> > > > > > (iii) a further period of 5 sitting days ends.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"When do Codes come into force?","content":"### 12 When do Codes come into force?\n\n> > (1)  A Code or a variation of a Code comes into force on such day, following the granting of Parliamentary approval, as the Minister specifies by notice published in the *Gazette* and in3 daily newspapers published and circulated generally in Tasmania.\n> \n> > (2)  A revocation of a Code comes into force on such day as the Minister specifies by notice published in the *Gazette* and in3 daily newspapers published and circulated generally in Tasmania.\n> \n> > (3)  A notice under this section is not a statutory rule within the meaning of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Effect of Codes when in force","content":"### 13 Effect of Codes when in force\n\n> > (1)  When a Code is in force –\n> > \n> > > > (a) [*\\[Section 13 Subsection (1) amended by No. 38 of 2003, s. 4, Applied:04 Jul 2003\\]*](/view/html/inforce/2003-07-04/act-2003-038#GS4@EN) a forestry contract of the kind to which the Code applies, whether entered into before or after the Code came into force, is taken to contain the conditions prescribed in the Code; and\n> > > \n> > > > (b) if one of the conditions prescribed in the Code is inconsistent with another condition of the contract, the latter condition is, to the extent of the inconsistency, void and unenforceable.\n> \n> > (2)  In [subsection (1)](#GS13@Gs1@EN) ,\n> > \n> > > ***Code*** means the Code inclusive of any subsequent variations that are also in force.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Publication of Codes","content":"### 14 Publication of Codes\n\n> > (1)  The Minister may cause a Code to be published from time to time as the Minister sees fit.\n> \n> > (2)  The Minister must cause to be made available in the principal office of the Department, for inspection by members of the public free of charge during normal office hours –\n> > \n> > > > (a) each Code that is in force; and\n> > > \n> > > > (b) if a Code incorporates another document, that other document.\n> \n> > (3)  The Minister may cause copies of a Code to be made available for purchase.\n> \n> > (4)  A copy of a Code published or made available for inspection or purchase under this section is to be inclusive of any approved variations of the Code that are in force when it is published or made available.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Evidentiary provision","content":"### 15 Evidentiary provision\n\n> In any proceedings concerning a forestry contract, a certificate purporting to be signed by the Minister and certifying that a document annexed to the certificate is, or was at a particular time or during a particular period specified in the certificate, a Forestry Contract Code in force under this Act, is evidence of the matters so certified.","sortOrder":16},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Status of interested parties","content":"### 16 Status of interested parties\n\n> > (1)  A power or function of the Minister relating to any matter under this Act is not to be taken as having been invalidly exercised or performed by reason only that the Minister, or another person, in good faith –\n> > \n> > > > (a) failed to identify any person as being an interested party in relation to that matter; or\n> > > \n> > > > (b) failed to consult or liaise with, or take another action in respect of, an interested party in relation to that matter.\n> \n> > (2)  Any question as to whether a person is an interested party in relation to a matter under this Act is to be determined by the Minister.\n> \n> > (3)  [*\\[Section 16 Subsection (3) amended by No. 7 of 2025, s. 109, Applied:01 Jul 2025\\]*](/view/html/inforce/2025-07-01/act-2025-007#GS109@EN) A person aggrieved by a determination of the Minister under [subsection (2)](#GS16@Gs2@EN) may apply to the Tasmanian Civil and Administrative Tribunal for a review of the determination.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Administration of Act","content":"### 17 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Infrastructure, Energy and Resources; and\n> > \n> > > (b) the department responsible to the Minister for Infrastructure, Energy and Resources in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.\n\n*\n\n**18.**   \n\n> The amendment effected by this section has been incorporated into the authorised version of the [Forestry Act 1920](/view/html/inforce/2026-04-12/act-1920-060) .\n\n*","sortOrder":19},{"sectionNumber":"18.","sectionType":"section","heading":null,"content":"### 18.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Forestry Act 1920](/view/html/inforce/2026-04-12/act-1920-060) .","sortOrder":20}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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":7,"scope_assessment":{"changed":true,"description":"The Act’s operative scope remains focused on prescribing standard conditions for defined forestry contracts, but its practical scope was altered by amendment: determinations about who is an \"interested party\" (previously a Ministerial determination) are now reviewable by the Tasmanian Civil and Administrative Tribunal (s 16(3) as amended). The Act also gives Codes retrospective legal effect over existing contracts (s 13(1)), which materially expands the reach of any approved Code."},"complexity_factors":["Ministerial discretion across multiple stages (invitation, approval, revision requests, consultation and unilateral development) — ss 5, 6, 8","Parliamentary check required before a Code can come into force, with procedural timing rules — s 11","Retrospective legal effect: Codes are taken to be terms of existing and future contracts, and inconsistent contractual clauses are void — s 13(1)","Incorporation by reference of external standards, codes or guidelines (with or without modification), creating potential for layered or moving standards — s 7(3)","Mandatory public notice and publication requirements (Gazette and newspapers; public inspection/copies), creating administrative steps and timing issues — ss 10, 12, 14","Revocation and replacement mechanics with ministerial discretion and specified notice requirements — s 9, s 12(2)","Evidentiary shortcut: minister-signed certificates are admissible evidence of a Code’s status, affecting litigation strategy and proof burdens — s 15","Determination of who counts as an 'interested party' is vested in the Minister, but that determination is reviewable by the Tasmanian Civil and Administrative Tribunal as amended — s 16(2)–(3) (amendment noted)","Potential compliance and drafting complexity for contracting parties who must align existing contracts with Codes and manage voided clauses — implicit in overall operation (s 13)","Possible legal uncertainty where a Code incorporates standards 'as amended from time to time', requiring parties to track future changes incorporated into contracts — s 7(3)"],"plain_english_summary":"This Act lets the Minister approve industry-drafted \"Forestry Contract Codes\" which, once approved by Parliament and published, are treated as if their standard conditions are terms of the relevant forestry contracts and will override inconsistent contract clauses. It therefore standardises contractual terms for forestry work.\n\nThe measure affects parties who enter forestry contracts (contractors, operators and land/forest owners): they bear compliance costs and altered contractual rights. The Minister controls approval, notice and revocation processes, and determinations about who is an “interested party” (a decision now subject to tribunal review)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: creating a framework for approved industry Codes to regulate forestry contracts. The 2003 and 2025 amendments visible in the text (s.13 and s.16) are minor technical updates — one clarifying the effect of Code variations, the other updating the review tribunal reference. No mission creep detected."},"complexity_factors":["Straightforward structure with only 3 Parts and 18 sections (2 of which are spent amendments)","Only 6 defined terms in the interpretation section, with clear definitions","Minimal cross-referencing — most sections operate independently","Simple conditional logic: Minister 'may' approve if satisfied of 5 criteria (s.6), with one override power if industry delays (s.8)","Single nested structure in s.11 (parliamentary approval mechanism) with 3 alternative pathways","No exceptions to exceptions; limited sub-delegation","Legislative technique is conventional: standard administrative law framework with self-executing contract terms"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a system where the Tasmanian Minister can approve **Forestry Contract Codes** — standard sets of rules that automatically get inserted into contracts between forestry companies and independent contractors (people who plant, manage, harvest, or transport timber, but aren't employees).\n\n**Who it affects:**\n\n- **Independent contractors** in the forestry industry — people doing planting, harvesting, road-building, or land clearing under contract (not as employees)\n- **Forestry companies** that hire these contractors\n- **The Minister** — who approves, varies, or revokes Codes\n\n**How it works:**\n\n- Industry groups (\"interested parties\") can develop a Code and submit it to the Minister for approval\n- The Minister must check that everyone had a fair say, that the Code is legally sound, and that it has broad support\n- Once approved by **both Houses of Parliament**, the Code becomes law\n- **Crucially**: Once a Code is in force, every relevant forestry contract is **automatically taken to include the Code's conditions** — even contracts signed before the Code existed\n- If a contract term conflicts with the Code, the contract term is **void** (legally unenforceable)\n\n**Why it matters:**\n\nThis is designed to **protect contractors from unfair contract terms**. Instead of negotiating individually against bigger companies, contractors get the benefit of industry-wide minimum standards. It's a form of **industry self-regulation with government oversight** — the industry writes the rules, but Parliament must approve them, and they have automatic legal force.\n\n**Key features:**\n\n- The Minister can step in and write a Code if industry doesn't act within 9 months\n- Codes can be tailored to specific regions, operations, or industry sectors\n- The Minister's decisions about who counts as an \"interested party\" can be reviewed by the Tasmanian Civil and Administrative Tribunal"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears to remain focused on its original purpose of establishing fair contracting codes for the Tasmanian forestry industry. No evidence of significant scope expansion or contraction is apparent from the provided version."},"complexity_factors":["Enabling/framework legislation — the substantive rules sit in subordinate codes rather than the Act itself, requiring cross-referencing","Industry-specific terminology (forestry contracting arrangements) may be unfamiliar to general readers","Interaction between the Act and any codes made under it adds a layer of regulatory structure to navigate","Limited publicly available text in the provided excerpt makes full assessment of provisions difficult","Tasmanian jurisdiction-specific — may interact with Commonwealth contract and competition law"],"plain_english_summary":"The Forestry (Fair Contract Codes) Act 2001 (Tasmania) creates a framework for government-made Fair Contract Codes to set minimum standards for forestry contracts — covering payment, notice, dispute resolution and termination — to curb unfair terms. It’s aimed at protecting forestry contractors (often small operators dependent on larger companies) by rebalancing bargaining power, though its practical effect depends on the specific codes enacted under the Act."}},"importantCases":[],"_links":{"self":"/api/acts/forestry-fair-contract-codes-act-2001","history":"/api/acts/forestry-fair-contract-codes-act-2001/history","analysis":"/api/acts/forestry-fair-contract-codes-act-2001/analysis","conflicts":"/api/acts/forestry-fair-contract-codes-act-2001/conflicts","importantCases":"/api/acts/forestry-fair-contract-codes-act-2001/important-cases","documents":"/api/acts/forestry-fair-contract-codes-act-2001/documents"}}