{"id":"tas:act-2011-012","name":"Irrigation Company Act 2011","slug":"irrigation-company-act-2011","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"12 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31802,"registerId":"tas-act-2011-012-current","compilationNumber":null,"startDate":"2026-04-01","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 [Irrigation Company Act 2011](/view/html/inforce/2026-04-12/act-2011-012) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  [Part 1](#HP1@EN) and [sections 30](#GS30@EN) , [31](#GS31@EN) , [39](#GS39@EN) and [40](#GS40@EN) commence on the day on which this Act receives the Royal Assent.\n> \n> > (2)  The remaining provisions of this Act commence on the transfer day.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Purposes of Act","content":"### 3 Purposes of Act\n\n> The purposes of this Act are –\n> \n> > > (a) to provide for matters relating to the control, objects and operation of the Company; and\n> > \n> > > (b) to provide for the transfer to the Company of the assets and liabilities of the Rivers and Water Supply Commission and TIS Corporation and to make provision in respect of the employees of the Rivers and Water Supply Commission and TIS Corporation consequent on the transfer of those assets and liabilities; and\n> > \n> > > (c) to allow for the transfer to the Company of certain assets and liabilities of the Crown and councils; and\n> > \n> > > (d) to allow for the transfer of assets and liabilities of the Company to the Crown.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"### 4 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***annual general meeting*** means the annual general meeting of the Company held in accordance with its constitution;\n> \n> > ***asset*** includes any, and any part of any, property, business, operation and right;\n> \n> > ***Board*** means the Board of Directors of the Company;\n> \n> > ***Commission*** means the Rivers and Water Supply Commission established under the [Rivers and Water Supply Commission Act 1999](/view/html/inforce/2026-04-12/act-1999-046) ;\n> \n> > ***Company*** means Tasmanian Irrigation Pty Ltd (ACN 133 148 384), formerly known as Tasmanian Irrigation Development Board Pty Ltd;\n> \n> > ***constitution*** means the constitution of the Company;\n> \n> > ***contract*** means –\n> > \n> > > > (a) an agreement, arrangement, undertaking, lease, licence, warranty or other contract; or\n> > > \n> > > > (b) part of an agreement, arrangement, undertaking, lease, licence, warranty or other contract;\n> \n> > ***Corporations Act*** means the [Corporations Act 2001](/view/html/inforce/2026-04-12/act-2001-050) of the Commonwealth;\n> \n> > ***council asset or liability*** means an asset or liability belonging to a council that is specified in a transfer notice and transferred to the Company under [section 30](#GS30@EN) ;\n> \n> > ***Crown asset or liability*** means an asset or liability belonging to the Crown that is specified in a transfer notice and transferred to the Company under [section 30](#GS30@EN) ;\n> \n> > ***director*** means a director of the Company;\n> \n> > ***document*** includes an instrument and part of a document;\n> \n> > ***effective transfer notice day*** means the day on which a transfer notice, or part of a transfer notice, takes effect;\n> \n> > ***legal or other proceeding*** includes arbitration proceedings and mediation proceedings;\n> \n> > ***liability*** includes any, or any part of any, liability, duty and obligation, whether actual, contingent or prospective;\n> \n> > ***member***, in respect of the Company, means a member of the Company referred to in [section 9](#GS9@EN) ;\n> \n> > ***principal objectives*** means the principal objectives of the Company specified in [section 7](#GS7@EN) ;\n> \n> > ***property*** means –\n> > \n> > > > (a) any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property; and\n> > > \n> > > > (b) money, documents and securities; and\n> > > \n> > > > (c) any other rights and property;\n> \n> > ***regulations*** means regulations made under [section 39](#GS39@EN) ;\n> \n> > ***relevant day of transfer*** means –\n> > \n> > > > (a) the transfer day in relation to –\n> > > > \n> > > > > > (i) a transferring asset, transferring liability or transferring contract transferred under [section 29](#GS29@EN) ; or\n> > > > > \n> > > > > > (ii) a transferring employee; or\n> > > \n> > > > (b) the day on which a transfer notice takes effect in relation to a transferring asset, transferring liability or transferring contract transferred by that transfer notice under [section 30](#GS30@EN) ;\n> \n> > ***right*** includes any easement in gross, covenant in gross, other right, power, privilege and immunity, whether actual, contingent or prospective;\n> \n> > ***secondment arrangement*** means an arrangement under [section 46 of the](/view/html/inforce/2026-04-12/act-2000-085#GS46@EN) [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) for a State Service employee or State Service officer to undertake duties with the Commission or TIS Corporation;\n> \n> > ***subsidiary*** has the same meaning as in the Corporations Act;\n> \n> > [*\\[Section 4 Amended by No. 18 of 2025, s. 28, Applied:01 Jan 2026\\]*](/view/html/inforce/2026-01-01/act-2025-018#GS28@Hpa@EN) ***subsidiary board***, in relation to a subsidiary, means the board of directors for the subsidiary;\n> \n> > ***TIS Corporation*** means Tasmanian Irrigation Schemes Pty Ltd (ACN 133 148 491);\n> \n> > ***transfer day*** means 1 July 2011 or a later day declared by the Minister under [section 6](#GS6@EN) to be the transfer day;\n> \n> > ***transfer notice*** means –\n> > \n> > > > (a) a notice made under [section 30](#GS30@EN) ; or\n> > > \n> > > > (b) a part of such a notice;\n> \n> > ***transferor*** –\n> > \n> > > > (a) in relation to any asset, liability or contract transferred from the Commission, TIS Corporation, the Crown, a council or the Company and vested in, or transferred to, the Company or the Crown under [section 29](#GS29@EN) or [30](#GS30@EN) , means the Commission, TIS Corporation, the Crown, the council or the Company; or\n> > > \n> > > > (b) in relation to a transferring employee, means the Commission or TIS Corporation, whichever the transferring employee performed duties for immediately before the transfer day;\n> \n> > ***transfer recipient*** means –\n> > \n> > > > (a) the Company in relation to –\n> > > > \n> > > > > > (i) an asset, liability or contract vested in or transferred to it under [section 29](#GS29@EN) or [30](#GS30@EN) ; or\n> > > > > \n> > > > > > (ii) a transferring employee; or\n> > > \n> > > > (b) the Crown in relation to any asset, liability or contract vested in or transferred to it under [section 30](#GS30@EN) ;\n> \n> > ***transferring asset*** means any asset that vests in the Company or the Crown under [section 29](#GS29@EN) or [30](#GS30@EN) ;\n> \n> > ***transferring contract*** means any contract transferred to the Company or the Crown under [section 29](#GS29@EN) or [30](#GS30@EN) ;\n> \n> > ***transferring employee*** means a State Service employee or State Service officer who, immediately before the transfer day, was the subject of a secondment arrangement by which he or she was required to undertake duties with the Commission or TIS Corporation;\n> \n> > ***transferring liability*** means any liability that becomes the liability of the Company or the Crown under [section 29](#GS29@EN) or [30](#GS30@EN) ;\n> \n> > [*\\[Section 4 Amended by No. 18 of 2025, s. 28, Applied:01 Jan 2026\\]*](/view/html/inforce/2026-01-01/act-2025-018#GS28@Hpb@EN) ***Treasurer's Instructions*** means instructions issued under [section 114 of the](/view/html/inforce/2026-04-12/act-1995-022#GS114@EN) [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) and applicable to the Company in accordance with [section 13](#GS13@EN) of this Act;\n> \n> > [*\\[Section 4 Amended by No. 18 of 2025, s. 28, Applied:01 Jan 2026\\]*](/view/html/inforce/2026-01-01/act-2025-018#GS28@Hpc@EN) ***wholly-owned subsidiary***, in relation to the Company, means a subsidiary of the Company that falls within the definition of *wholly-owned subsidiary*, within the meaning of the Corporations Act, in respect of the Company.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Application of Act to subsidiary","content":"### 5 Application of Act to subsidiary\n\n> If the Company arranges for any of its functions to be performed by a subsidiary, the application of this Act applies to, and in respect of –\n> \n> > > (a) the subsidiary as if it were the Company; and\n> > \n> > > (b) the directors, and Board of Directors, of the subsidiary as if they were the directors, and Board of Directors, of the Company.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Transfer day","content":"### 6 Transfer day\n\n> > (1)  The Minister, by order made before 1 July 2011, may declare a day later than that day to be the transfer day.\n> \n> > (2)  An order under [subsection (1)](#GS6@Gs1@EN) is a statutory rule for the purposes of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Company","content":"# Part 2 Company","sortOrder":7},{"sectionNumber":"Division 1","sectionType":"division","heading":"Organisation and status of Company","content":"## Division 1 Organisation and status of Company","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Principal objectives of Company","content":"### 7 Principal objectives of Company\n\n> The principal objectives of the Company are –\n> \n> > > (a) to develop, own and operate irrigation schemes in Tasmania; and\n> > \n> > > (b) [*\\[Section 7 Amended by No. 36 of 2023, s. 13, Applied:11 Dec 2023\\]*](/view/html/inforce/2023-12-11/act-2023-036#GS13@EN) to ensure its businesses and activities are operated effectively and efficiently, and in accordance with sound commercial practice; and\n> > \n> > > (c) [*\\[Section 7 Amended by No. 36 of 2023, s. 13, Applied:11 Dec 2023\\]*](/view/html/inforce/2023-12-11/act-2023-036#GS13@EN) to perform functions and exercise powers under the [Irrigation Clauses Act 1973](/view/html/inforce/2026-04-12/act-1973-039) .","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Constitution of Company","content":"### 8 Constitution of Company\n\n> > (1)  The constitution of the Company is to include the principal objectives of the Company.\n> \n> > (2)  The provisions of the constitution of the Company are to be consistent with this Act.\n> \n> > (2A)  [*\\[Section 8 Subsection (2A) inserted by No. 18 of 2025, s. 29, Applied:01 Jan 2026\\]*](/view/html/inforce/2026-01-01/act-2025-018#GS29@EN) As soon as practicable after the commencement of this subsection, the Company is to amend its constitution to include provisions to the effect of the provisions specified in [Schedule 2](#JS2@EN) .\n> \n> > (3)  The Board –\n> > \n> > > > (a) is to provide to the Minister a copy of the constitution of the Company as soon as practicable after the commencement of this Act; and\n> > > \n> > > > (b) is to provide to the Minister a copy of an amendment to the constitution of the Company as soon as practicable after that amendment is made.\n> \n> > (4)  The Minister is to cause a copy of the constitution of the Company and each amendment to that constitution to be laid before each House of Parliament within 7 sitting-days of receiving it from the Company under [subsection (3)](#GS8@Gs3@EN) .","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Members of Company","content":"### 9 Members of Company\n\n> > (1)  The members of the Company are to be 2 persons of whom –\n> > \n> > > > (a) one is the Minister; and\n> > > \n> > > > (b) one is the Treasurer.\n> \n> > (2)  [*\\[Section 9 Subsection (2) substituted by No. 18 of 2025, s. 30, Applied:01 Jan 2026\\]*](/view/html/inforce/2026-01-01/act-2025-018#GS30@EN) If, at any one time, one person is both the Minister and Treasurer –\n> > \n> > > > (a) the Treasurer must nominate another Minister, being a different person, to be a member of the Company; and\n> > > \n> > > > (b) a reference in this Act to the Minister is taken to be a reference to the other Minister so nominated; and\n> > > \n> > > > (c) a reference in this Act, or any other Act, to the members of the Company is taken to include a reference to the other Minister so nominated.\n> \n> > (3)  [*\\[Section 9 Subsection (3) inserted by No. 18 of 2025, s. 30, Applied:01 Jan 2026\\]*](/view/html/inforce/2026-01-01/act-2025-018#GS30@EN) If the Treasurer nominates another Minister as a member of the Company, the Treasurer is to notify the Company in writing of that fact, as soon as practicable after the Treasurer makes the nomination.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Shares","content":"### 10 Shares\n\n> > (1)  Shares in the Company held by the members are held in trust for the Crown.\n> \n> > (2)  A member of the Company who holds shares in trust for the Crown is not to acquire shares in the Company for his or her own benefit.\n> \n> > (3)  Any shares acquired in the Company in contravention of [subsection (1)](#GS10@Gs1@EN) are taken to be held in trust for the Crown but the Crown is not liable to meet the cost of that acquisition.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Consideration for further shares","content":"### 11 Consideration for further shares\n\n> The consideration for any further shares issued to the members of the Company after the commencement of this section is to be any one or more of the following as agreed between the Company and its members:\n> \n> > > (a) any money provided by Parliament for that purpose;\n> > \n> > > (b) any assets vested in the Company under [section 29](#GS29@EN) or [30](#GS30@EN) ;\n> > \n> > > (c) any other consideration as so agreed.","sortOrder":13},{"sectionNumber":"11A","sectionType":"section","heading":"Limitations on members of Company","content":"### 11A Limitations on members of Company\n\n> [*\\[Section 11A Inserted by No. 20 of 2025, s. 14, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-020#GS14@EN)\n> \n> > (1)  A member of a Company must not sell or otherwise dispose of shares held by that member in trust for the Crown.\n> \n> > (2)  A member of a Company must not vote at a meeting of the shareholders of the Company to allow the Company to –\n> > \n> > > > (a) offer shares in the Company for subscription; or\n> > > \n> > > > (b) invite persons to subscribe for shares in the Company; or\n> > > \n> > > > (c) allot or issue shares in the Company on a basis other than to existing shareholders pro rata to their existing shareholding.\n> \n> > (3)  If an Act intends to amend or repeal [subsection (1)](#GS11A@Gs1@EN) , that Act is of no effect unless a motion that approves the proposed amendment or repeal has first been passed by at least two-thirds of the members of each House of Parliament.\n> \n> > (4)  For the avoidance of doubt, if there is an inconsistency between this section and the constitution, this section prevails to the extent of the inconsistency.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Status of Company","content":"### 12 Status of Company\n\n> > (1)  Unless this or any other Act expressly provides otherwise, the Company –\n> > \n> > > > (a) is not, and does not represent, the Crown; and\n> > > \n> > > > (b) is not exempt from any rates, tax, duty or other impost under any law merely because the Crown has beneficial ownership of shares in it; and\n> > > \n> > > > (c) is not subject or entitled to any prerogative right or privilege of the Crown.\n> \n> > (2)  [*\\[Section 12 Subsection (2) substituted by No. 22 of 2023, s. 20, Applied:01 Jul 2023\\]*](/view/html/inforce/2023-07-01/act-2023-022#GS20@EN) The Crown is not liable for any liability or obligation of the Company or subsidiary of the Company unless –\n> > \n> > > > (a) the Treasurer gives a guarantee or indemnity under [section 16](#GS16@EN) in relation to that liability or obligation; or\n> > > \n> > > > (b) a guarantee is given under the [Tasmanian Public Finance Corporation Act 1985](/view/html/inforce/2026-04-12/act-1985-059) in respect of the Company or subsidiary.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Members' statement of expectations","content":"### 13 Members' statement of expectations\n\n> [*\\[Section 13 Substituted by No. 9 of 2018, s. 19, Applied:10 Sep 2018\\]*](/view/html/inforce/2018-09-10/act-2018-009#GS19@EN)\n> \n> > (1)  The members are to provide the Board with a statement of expectations.\n> \n> > (2)  The statement of expectations is to specify –\n> > \n> > > > (a) the expectations of the members in relation to the strategic priorities of the Company; and\n> > > \n> > > > (b) the policy expectations of the members for the performance of the Company and its subsidiaries.\n> \n> > (3)  The members, at any time, may at their own discretion or on the application of the Board –\n> > \n> > > > (a) amend the statement of expectations; or\n> > > \n> > > > (b) revoke the statement of expectations and substitute another statement of expectations.\n> \n> > (4)  Before or while preparing a statement of expectations or an amendment to a statement of expectations, the members are to consult with the Board.\n> \n> > (5)  A statement of expectations and an amendment to a statement of expectations are to be in writing and signed by each member.\n> \n> > (6)  A statement of expectations, or an amendment to a statement of expectations, takes effect on a day specified in it, being a day not earlier than the day on which the statement or amendment is provided to the Company.\n> \n> > (7)  The Minister must cause a copy of the statement of expectations, or of an amendment to a statement of expectations, to be laid before each House of Parliament within 10 sitting-days after the statement or amendment has been signed as required by [subsection (5)](#GS13@Gs5@EN) .","sortOrder":16},{"sectionNumber":"13A","sectionType":"section","heading":"Directions by members","content":"### 13A Directions by members\n\n> [*\\[Section 13A Inserted by No. 18 of 2025, s. 31, Applied:01 Jan 2026\\]*](/view/html/inforce/2026-01-01/act-2025-018#GS31@EN)\n> \n> > (1)  The members may give a direction to the Company or a wholly-owned subsidiary of the Company.\n> \n> > (2)  Before the members give a direction under [subsection (1)](#GS13A@Gs1@EN) to the Company or a wholly-owned subsidiary, the members are to notify the Company or wholly-owned subsidiary in writing that –\n> > \n> > > > (a) the members intend to give the direction on the matter specified in the notification; and\n> > > \n> > > > (b) the Company or wholly-owned subsidiary has the period specified in the notification to provide information to the members in respect of the specified matter.\n> \n> > (3)  A direction given to the Company, or a wholly-owned subsidiary, under [subsection (1)](#GS13A@Gs1@EN)  –\n> > \n> > > > (a) may be given even if the direction is contrary to –\n> > > > \n> > > > > > (i) the constitution; or\n> > > > > \n> > > > > > (ii) a statement of expectations under [section 13](#GS13@EN) in force in respect of the Company or subsidiary; or\n> > > > > \n> > > > > > (iii) the statement of corporate intent under [section 13E](#GS13E@EN) in force in respect of the Company or subsidiary; or\n> > > > > \n> > > > > > (iv) Treasurer’s Instructions in force in respect of the Company or subsidiary; or\n> > > > > \n> > > > > > (v) if the direction is given to a wholly-owned subsidiary, the constitution of the subsidiary; or\n> > > > > \n> > > > > > (vi) if the Company or subsidiary provided information in respect of the direction in accordance with [subsection (2)](#GS13A@Gs2@EN) , that information; and\n> > > \n> > > > (b) may not be given if the direction is contrary to the provisions of this Act or another Act of this State or the Commonwealth.\n> \n> > (4)  The members may, by written notice to the Company or a subsidiary at any time, amend or revoke a direction given to the Company or subsidiary under [subsection (1)](#GS13A@Gs1@EN)  –\n> > \n> > > > (a) at their own discretion; or\n> > > \n> > > > (b) on the written request of the Board or the subsidiary board; or\n> > > \n> > > > (c) as a result of an objection made under [section 13B](#GS13B@EN) in respect of the direction.\n> \n> > (5)  As soon as practicable after a direction is given under [subsection (1)](#GS13A@Gs1@EN) , or amended or revoked under [subsection (4)](#GS13A@Gs4@EN) , the members must ensure that a written copy of the direction so given, or a copy of the written notice given for an amendment or revocation of a direction –\n> > \n> > > > (a) is signed, and dated, by each member; and\n> > > \n> > > > (b) is given to the Board or the subsidiary board.\n> \n> > (6)  A direction given under [subsection (1)](#GS13A@Gs1@EN) , or an amendment or revocation of such a direction under [subsection (4)](#GS13A@Gs4@EN) , takes effect –\n> > \n> > > > (a) on the day on which a copy of the direction, or a copy of the written notice of the amendment or revocation, is given to the relevant board under [subsection (5)](#GS13A@Gs5@EN) ; or\n> > > \n> > > > (b) on such later date as is specified in the direction or notice of the amendment or revocation.\n> \n> > (7)  The Company, or a wholly-owned subsidiary, must comply with each direction given to the Company or subsidiary under this section.\n> \n> > (8)  It is a defence in proceedings for an offence under any Act, if the defendant establishes that the act, or omission, that is the basis of the offence was a result of complying with a direction, or purported direction, given under this section.","sortOrder":17},{"sectionNumber":"13B","sectionType":"section","heading":"Company may object to direction by members","content":"### 13B Company may object to direction by members\n\n> [*\\[Section 13B Inserted by No. 18 of 2025, s. 31, Applied:01 Jan 2026\\]*](/view/html/inforce/2026-01-01/act-2025-018#GS31@EN)\n> \n> > (1)  Within 21 days after receiving a copy of a direction, or a copy of a written notice of an amendment or revocation of such a direction, under [section 13A(5)](#GS13A@Gs5@EN) , the Board or the subsidiary board may object to the direction, or its amendment or revocation, on any ground.\n> \n> > (2)  An objection under [subsection (1)](#GS13B@Gs1@EN) is to –\n> > \n> > > > (a) be made in writing to the members; and\n> > > \n> > > > (b) specify the grounds of the objection.\n> \n> > (3)  If the members receive an objection under [subsection (1)](#GS13B@Gs1@EN) in respect of a direction –\n> > \n> > > > (a) the members, within 10 days after receiving the objection, are to notify the relevant board, in writing, that the members –\n> > > > \n> > > > > > (i) intend to amend or revoke the direction in accordance with [section 13A](#GS13A@EN) ; or\n> > > > > \n> > > > > > (ii) do not intend to amend or revoke the direction; and\n> > > \n> > > > (b) if the members notify the relevant board under [paragraph (a)(i)](#GS13B@Gs3@Hpa@Hqi@EN) that the direction is to be amended or revoked, the direction is of no effect until it is so amended or revoked; and\n> > > \n> > > > (c) if the members notify the relevant board under paragraph (a)(ii) that the direction is not to be amended or revoked –\n> > > > \n> > > > > > (i) the Minister must cause a copy of the objection to be tabled in each House of Parliament within 5 sitting-days after the members received the objection; and\n> > > > > \n> > > > > > (ii) if the Minister fails to table a copy of the objection under this paragraph, the direction is void.","sortOrder":18},{"sectionNumber":"13C","sectionType":"section","heading":"Publication of directions","content":"### 13C Publication of directions\n\n> [*\\[Section 13C Inserted by No. 18 of 2025, s. 31, Applied:01 Jan 2026\\]*](/view/html/inforce/2026-01-01/act-2025-018#GS31@EN)\n> \n> > (1)  If a copy of a direction, or a copy of the written notice of an amendment or revocation of such a direction, is given to the Board or a subsidiary board under [section 13A(5)](#GS13A@Gs5@EN) , the Minister must table a copy of the direction, or of the written notice, in each House of Parliament within 7 sitting-days after the direction or notice is so given.\n> \n> > (2)  Despite [subsection (1)](#GS13C@Gs1@EN) , within 5 days after a board receives a copy of a direction or a copy of a written notice under [section 13A(5)](#GS13A@Gs5@EN) , the relevant board may make a written request to the members that the direction, or written notice of an amendment or revocation of a direction, should not be tabled under [subsection (1)](#GS13C@Gs1@EN) .\n> \n> > (3)  A board may only make a request under [subsection (2)](#GS13C@Gs2@EN) if the board is of the opinion that the tabling of the direction or written notice may –\n> > \n> > > > (a) disadvantage or cause damage to the Company or a subsidiary, whether directly or indirectly; or\n> > > \n> > > > (b) enable another person, whether directly or indirectly, to gain an unreasonable advantage; or\n> > > \n> > > > (c) constitute a breach of confidentiality; or\n> > > \n> > > > (d) prejudice an investigation into –\n> > > > \n> > > > > > (i) misconduct or possible misconduct; or\n> > > > > \n> > > > > > (ii) an offence, or possible offence, against this Act.\n> \n> > (4)  If the members are satisfied that a direction, or written notice of an amendment or revocation of a direction, should not be tabled under [subsection (1)](#GS13C@Gs1@EN) for a reason specified in [subsection (3)](#GS13C@Gs3@EN)  –\n> > \n> > > > (a) [subsection (1)](#GS13C@Gs1@EN) does not apply in respect of the direction, the amendment or the revocation; and\n> > > \n> > > > (b) the Minister must table a statement that the direction has been given, or that written notice of an amendment or revocation has been given, in each House of Parliament within 7 sitting-days after the direction or notice is given to the relevant board under [section 13A](#GS13A@EN) .\n> \n> > (5)  In the report prepared by the Board in respect of the Company and its subsidiaries for a financial year, the Board must publish –\n> > \n> > > > (a) subject to [paragraph (b)](#GS13C@Gs5@Hpb@EN) , a list of –\n> > > > \n> > > > > > (i) each direction, given to the Board or a subsidiary board under [section 13A](#GS13A@EN) , that was in effect in respect of the Company or a subsidiary during the financial year; and\n> > > > > \n> > > > > > (ii) each revocation of a direction that was given to the Board or a subsidiary board, under [section 13A](#GS13A@EN) , during the financial year; or\n> > > \n> > > > (b) if the Minister has tabled a statement under [subsection (4)](#GS13C@Gs4@EN) in respect of a direction, or the amendment or revocation of a direction, given to the Board or a subsidiary board under [section 13A](#GS13A@EN) in respect of the financial year – a copy of the statement.","sortOrder":19},{"sectionNumber":"13D","sectionType":"section","heading":"Duty to notify members of compliance with directions","content":"### 13D Duty to notify members of compliance with directions\n\n> [*\\[Section 13D Inserted by No. 18 of 2025, s. 31, Applied:01 Jan 2026\\]*](/view/html/inforce/2026-01-01/act-2025-018#GS31@EN) If the Board or a subsidiary board is given a direction under [section 13A](#GS13A@EN) in respect of the Company or its subsidiary, the relevant board must notify the members, in writing, of the progress of the Company, or subsidiary, in complying with the direction –\n> \n> > > (a) at the intervals specified in the direction; and\n> > \n> > > (b) when, in the opinion of the relevant board, the Company or subsidiary has complied with the direction in full.","sortOrder":20},{"sectionNumber":"13E","sectionType":"section","heading":"Statement of corporate intent","content":"### 13E Statement of corporate intent\n\n> [*\\[Section 13E Inserted by No. 18 of 2025, s. 31, Applied:01 Jan 2026\\]*](/view/html/inforce/2026-01-01/act-2025-018#GS31@EN)\n> \n> > (1)  In this section –\n> > \n> > > ***relevant financial year***, in relation to a statement of corporate intent of the Company, means the financial year during which the statement is to be in force in respect of the Company.\n> \n> > (2)  Before the commencement of each financial year, the Board must prepare a statement of corporate intent, in respect of the Company and its subsidiaries, that is to be in force for that financial year.\n> \n> > (3)  A statement of corporate intent of the Company must not disclose any information that the Board considers –\n> > \n> > > > (a) may, if disclosed –\n> > > > \n> > > > > > (i) disadvantage or cause damage to the Company or its subsidiaries, either directly or indirectly; or\n> > > > > \n> > > > > > (ii) enable another person, either directly or indirectly, to gain an advantage; or\n> > > \n> > > > (b) may otherwise be unlawful, or inappropriate, to disclose publicly.\n> \n> > (4)  A draft of a statement of corporate intent prepared under this section in respect of the Company is to –\n> > \n> > > > (a) relate to the Company and its subsidiaries; and\n> > > \n> > > > (b) be consistent with each of the following:\n> > > > \n> > > > > > (i) the statement of expectations in respect of the Company and its subsidiaries that is in force under [section 13](#GS13@EN) ;\n> > > > > \n> > > > > > (ii) each direction under [section 13A](#GS13A@EN) that is in effect in respect of the Company and its subsidiaries;\n> > > > > \n> > > > > > (iii) the Treasurer’s Instructions that are in force in respect of the Company and its subsidiaries; and\n> > > \n> > > > (c) be in a form, and contain the information, specified in the Treasurer's Instructions; and\n> > > \n> > > > (d) be provided to the members before –\n> > > > \n> > > > > > (i) 31 March in the financial year immediately preceding the relevant financial year; or\n> > > > > \n> > > > > > (ii) such later day, being a day before the commencement of the relevant financial year, as approved by the members.\n> \n> > (5)  After receiving a draft statement of corporate intent under [subsection (4)(d)](#GS13E@Gs4@Hpd@EN) , the members may –\n> > \n> > > > (a) request that the Board make changes to the draft statement of corporate intent before it is approved under this section; or\n> > > \n> > > > (b) approve the draft statement of corporate intent if satisfied that –\n> > > > \n> > > > > > (i) the statement complies with this section; and\n> > > > > \n> > > > > > (ii) the statement does not disclose information in contravention of [subsection (3)](#GS13E@Gs3@EN) .\n> \n> > (6)  A statement of corporate intent approved under this section in respect of the Company –\n> > \n> > > > (a) takes effect on the day on which it is approved by the members under [subsection (5)(b)](#GS13E@Gs5@Hpb@EN) ; and\n> > > \n> > > > (b) while it remains in force, is to be published on a website operated by, or on behalf of, the Company, so that it is freely available to members of the public.\n> \n> > (7)  The Board may amend, or substitute, the statement of corporate intent for the Company at any time.\n> \n> > (8)  An amendment to a statement of corporate intent, or a substitute statement of corporate intent, for the Company takes effect –\n> > \n> > > > (a) on the day on which it is approved by the members; or\n> > > \n> > > > (b) on such later day as is specified in the amended or substituted statement of corporate intent.","sortOrder":21},{"sectionNumber":"Division 2","sectionType":"division","heading":"Financial affairs of Company","content":"## Division 2 Financial affairs of Company","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":"Audit","content":"### 14 Audit\n\n> The Auditor-General is to act as the auditor for the Company.","sortOrder":23},{"sectionNumber":"15","sectionType":"section","heading":"Borrowing","content":"### 15 Borrowing\n\n> The Company is not to borrow from any person other than the Tasmanian Public Finance Corporation except as otherwise approved by the Treasurer in writing.","sortOrder":24},{"sectionNumber":"16","sectionType":"section","heading":"Guarantee or indemnity","content":"### 16 Guarantee or indemnity\n\n> > (1)  On the written request of the Company, the Treasurer, in writing, may guarantee or give an indemnity, or guarantee and give an indemnity, in relation to –\n> > \n> > > > (a) [*\\[Section 16 Subsection (1) amended by No. 22 of 2023, s. 21, Applied:01 Jul 2023\\]*](/view/html/inforce/2023-07-01/act-2023-022#GS21@Hpa@EN) .  .  .  .  .  .  .  .  \n> > > \n> > > > (b) the performance of an obligation undertaken by the Company or which the Company has agreed to undertake (whether that obligation is monetary or otherwise).\n> \n> > (2)  A guarantee or an indemnity –\n> > \n> > > > (a) [*\\[Section 16 Subsection (2) amended by No. 22 of 2023, s. 21, Applied:01 Jul 2023\\]*](/view/html/inforce/2023-07-01/act-2023-022#GS21@Hpb@EN) .  .  .  .  .  .  .  .  \n> > > \n> > > > (b) is subject to any conditions determined by the Treasurer and specified in the guarantee or indemnity.\n> \n> > (3)  The Treasurer is to make any payment required under or arising from a guarantee or indemnity out of money provided by Parliament for the purpose.\n> \n> > (4)  [*\\[Section 16 Subsection (4) amended by No. 22 of 2023, s. 21, Applied:01 Jul 2023\\]*](/view/html/inforce/2023-07-01/act-2023-022#GS21@Hpd@EN) [*\\[Section 16 Subsection (4) amended by No. 22 of 2023, s. 21, Applied:01 Jul 2023\\]*](/view/html/inforce/2023-07-01/act-2023-022#GS21@Hpc@EN) This section has effect regardless of whether the obligation was undertaken, agreed to be undertaken or required to be performed in Tasmania or elsewhere.","sortOrder":25},{"sectionNumber":"17","sectionType":"section","heading":"Guarantee fees","content":"### 17 Guarantee fees\n\n> [Division 1 of Part 11 of the](/view/html/inforce/2026-04-12/act-1995-022#HP11@HD1@EN) [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022)  –\n> \n> > > (a) applies in relation to the Company as if the Company were a Government Business Enterprise specified in [Schedule 3](/view/html/inforce/2026-04-12/act-1995-022#JS3@EN) to that Act; and\n> > \n> > > (b) applies in relation to a subsidiary of the Company as if the subsidiary were a subsidiary within the meaning of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) .","sortOrder":26},{"sectionNumber":"18","sectionType":"section","heading":"Tax equivalents","content":"### 18 Tax equivalents\n\n> The provisions of [Part 10 of the](/view/html/inforce/2026-04-12/act-1995-022#HP10@EN) [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022)  –\n> \n> > > (a) apply in relation to the Company as if the Company were a Government Business Enterprise specified in [Schedule 2](/view/html/inforce/2026-04-12/act-1995-022#JS2@EN) to that Act; and\n> > \n> > > (b) apply in relation to a subsidiary of the Company as if the subsidiary were a subsidiary within the meaning of that Act.","sortOrder":27},{"sectionNumber":"19","sectionType":"section","heading":"Superannuation contributions","content":"### 19 Superannuation contributions\n\n> > (1)  [*\\[Section 19 Subsection (1) omitted by No. 54 of 2016, s. 55, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS55@Hpa@EN) .  .  .  .  .  .  .  .  \n> \n> > (2)  The Company is not to establish a superannuation scheme but may make contributions to one or more superannuation schemes that comply with the law of the Commonwealth relating to superannuation.\n> \n> > (3)  [*\\[Section 19 Subsection (3) substituted by No. 54 of 2016, s. 55, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS55@Hpb@EN) The Company must comply with any instruction in relation to superannuation given to it by the Minister administering the [Public Sector Superannuation Reform Act 2016](/view/html/inforce/2026-04-12/act-2016-011) .\n> \n> > (4)  [*\\[Section 19 Subsection (4) omitted by No. 54 of 2016, s. 55, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS55@Hpb@EN) .  .  .  .  .  .  .  .  \n> \n> > (5)  [*\\[Section 19 Subsection (5) omitted by No. 54 of 2016, s. 55, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS55@Hpb@EN) .  .  .  .  .  .  .  .","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Long service leave for certain employees","content":"### 20 Long service leave for certain employees\n\n> > (1)  In this section –\n> > \n> > > ***prescribed employee*** means a person who, immediately before becoming an employee of the Company, was a transferring employee or a State Service employee or State Service officer.\n> \n> > (2)  If immediately before the transfer day a prescribed employee was an employee within the meaning of the [Long Service Leave (State Employees) Act 1994](/view/html/inforce/2026-04-12/act-1994-013) , the prescribed employee continues to be such an employee while employed by the Company and, for that purpose, the Company is taken to be a prescribed authority within the meaning of that Act.","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Financial arrangements","content":"### 21 Financial arrangements\n\n> > (1)  In this section –\n> > \n> > > ***financial arrangement*** has the same meaning as in the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) .\n> \n> > (2)  The Treasurer, by notice provided to the Company, may specify that the Company is not to enter into or deal in a financial arrangement as provided by, or in the circumstances specified in, the notice.\n> \n> > (3)  The Company must not enter into or deal in a financial arrangement in contravention of a notice provided under [subsection (2)](#GS21@Gs2@EN) .\n> \n> > (4)  The Board must ensure that any financial arrangement entered into, or dealt in, by the Company is entered into and performed, or dealt in, in accordance with the Treasurer's Instructions.","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Effect of  Financial Agreement Act 1994","content":"### 22 Effect of  Financial Agreement Act 1994\n\n> If, under [section 5(1) of the](/view/html/inforce/2026-04-12/act-1994-066#GS5@Gs1@EN) [Financial Agreement Act 1994](/view/html/inforce/2026-04-12/act-1994-066) , the Treasurer requires the Company to do or refrain from doing anything for the purpose of implementing the Agreement, within the meaning of that Act, the Company is to comply with that requirement.","sortOrder":31},{"sectionNumber":"Division 3","sectionType":"division","heading":"Duties of members, Board and Company","content":"## Division 3 Duties of members, Board and Company","sortOrder":32},{"sectionNumber":"23","sectionType":"section","heading":"Directors of Company","content":"### 23 Directors of Company\n\n> > (1)  Subject to [subsection (2)](#GS23@Gs2@EN) , the members of the Company are to ensure that it has a Board of Directors who have the experience and skills necessary to enable the Company to achieve its objectives.\n> \n> > (2)  The members of the Company are to ensure that one of the directors has experience or expertise in irrigation agriculture and may, for that purpose, seek nominations from such body of persons as, in the opinion of those members, best represents the common interests of Tasmanian farmers and graziers.\n> \n> > (3)  The members of the Company are to appoint the Board in accordance with the constitution.","sortOrder":33},{"sectionNumber":"24.","sectionType":"section","heading":null,"content":"### 24.\n\n[*\\[Section 24 Repealed by No. 9 of 2018, s. 20, Applied:10 Sep 2018\\]*](/view/html/inforce/2018-09-10/act-2018-009#GS20@EN)","sortOrder":34},{"sectionNumber":"25","sectionType":"section","heading":"Corporate plan of Company","content":"### 25 Corporate plan of Company\n\n> > (1)  The Board is to prepare a corporate plan each financial year and submit it to the members in accordance with the Treasurer's Instructions.\n> \n> > (2)  The corporate plan is to be prepared in the context of the statement of expectations provided to the Board under [section 24](#GS24@EN) .\n> \n> > (3)  The Company is to comply with the corporate plan.","sortOrder":35},{"sectionNumber":"26","sectionType":"section","heading":"Accounts and report of Company","content":"### 26 Accounts and report of Company\n\n> > (1)  The Board is to provide the members with a copy of each of the following reports for the Company:\n> > \n> > > > (a) the annual financial report;\n> > > \n> > > > (b) the directors' report;\n> > > \n> > > > (c) the auditor's report.\n> \n> > (2)  The Minister is to cause to be laid before each House of Parliament each copy provided to him or her under [subsection (1)](#GS26@Gs1@EN) within 7 sitting-days after receiving it.","sortOrder":36},{"sectionNumber":"26A","sectionType":"section","heading":"Company to report on progress","content":"### 26A Company to report on progress\n\n> [*\\[Section 26A Inserted by No. 18 of 2025, s. 32, Applied:01 Jan 2026\\]*](/view/html/inforce/2026-01-01/act-2025-018#GS32@EN)\n> \n> > (1)  Before 28 February in each financial year, the Board must –\n> > \n> > > > (a) prepare a report on the performance of the Company, and its subsidiaries, for the first 6 months of the financial year; and\n> > > \n> > > > (b) give a copy of the report to the members.\n> \n> > (2)  A report prepared under [subsection (1)](#GS26A@Gs1@EN) is to be in a form, and contain the information, specified in the Treasurer’s Instructions.\n> \n> > (3)  Within 7 days after giving a copy of a report to the members under [subsection (1)](#GS26A@Gs1@EN) , the Board must publish a copy of the report on a website maintained by, or on behalf of, the Company so that it is freely available to members of the public.\n> \n> > (4)  Despite [subsection (3)](#GS26A@Gs3@EN) , the Board may omit a part of a report prepared under [subsection (1)](#GS26A@Gs1@EN) before publishing the report under [subsection (3)](#GS26A@Gs3@EN) , if the Board is of the opinion that publishing the report, without omitting that part, may –\n> > \n> > > > (a) disadvantage or cause damage to the Company or its subsidiaries, whether directly or indirectly; or\n> > > \n> > > > (b) enable another person, whether directly or indirectly, to gain an unreasonable advantage; or\n> > > \n> > > > (c) constitute a breach of confidentiality; or\n> > > \n> > > > (d) prejudice an investigation into –\n> > > > \n> > > > > > (i) misconduct or possible misconduct; or\n> > > > > \n> > > > > > (ii) an offence, or possible offence, against this Act.\n> \n> > (5)  If the Board does not publish part of a report under [subsection (3)](#GS26A@Gs3@EN) , for a reason specified in [subsection (4)](#GS26A@Gs4@EN) , the Board must include, with the report published in accordance with [subsection (3)](#GS26A@Gs3@EN) , a statement that part of the report has been omitted under this section before being so published.","sortOrder":37},{"sectionNumber":"26B","sectionType":"section","heading":"Duty to notify members of adverse circumstances","content":"### 26B Duty to notify members of adverse circumstances\n\n> [*\\[Section 26B Inserted by No. 18 of 2025, s. 32, Applied:01 Jan 2026\\]*](/view/html/inforce/2026-01-01/act-2025-018#GS32@EN)\n> \n> > (1)  In this section –\n> > \n> > > ***governing documents***, in relation to the Company, includes –\n> > > \n> > > > > (a) the statement of expectations in force in respect of the Company and its subsidiaries under [section 13](#GS13@EN) ; and\n> > > > \n> > > > > (b) each direction under [section 13A](#GS13A@EN) in effect in respect of the Company and its subsidiaries; and\n> > > > \n> > > > > (c) the statement of corporate intent under [section 13E](#GS13E@EN) in force in respect of the Company and its subsidiaries; and\n> > > > \n> > > > > (d) the corporate plan in force in respect of the Company under [section 25](#GS25@EN) ; and\n> > > > \n> > > > > (e) the Treasurer’s Instructions in force in respect of the Company and its subsidiaries.\n> \n> > (2)  The Board must notify the members, in writing, of any development which, in the opinion of the Board, may –\n> > \n> > > > (a) prevent or significantly affect the achievement of the objectives, for the Company or its subsidiaries, as specified in the governing documents of the Company; or\n> > > \n> > > > (b) significantly affect the financial viability or operating ability of –\n> > > > \n> > > > > > (i) the Company and its subsidiaries; or\n> > > > > \n> > > > > > (ii) any partnership, trust, joint venture or arrangement for the sharing of profits in which the Company or its subsidiaries participate; or\n> > > \n> > > > (c) prevent the Company or its subsidiaries from complying with a direction given to the Company, or a subsidiary, under [section 13A](#GS13A@EN) ; or\n> > > \n> > > > (d) significantly affect the ability of the Company or its subsidiaries to comply with a direction given to the Company, or a subsidiary, under [section 13A](#GS13A@EN) ; or\n> > > \n> > > > (e) otherwise significantly affect the Company, or its subsidiaries, in any manner.\n> \n> > (3)  A notification under [subsection (2)](#GS26B@Gs2@EN) in respect of a development is to be made as soon as possible after the Board becomes aware of the development.","sortOrder":38},{"sectionNumber":"26C","sectionType":"section","heading":"Sponsorship framework","content":"### 26C Sponsorship framework\n\n> [*\\[Section 26C Inserted by No. 18 of 2025, s. 32, Applied:01 Jan 2026\\]*](/view/html/inforce/2026-01-01/act-2025-018#GS32@EN)\n> \n> > (1)  As soon as practicable after the commencement of this section, the Board is to prepare a framework that specifies the principles and practices that are to be applied in respect of the provision of sponsorship by the Company and its subsidiaries.\n> \n> > (2)  A framework prepared under [subsection (1)](#GS26C@Gs1@EN)  –\n> > \n> > > > (a) must be prepared in accordance with, and must reflect, any Treasurer’s Instructions issued in respect of sponsorship; and\n> > > \n> > > > (b) must include –\n> > > > \n> > > > > > (i) the prescribed provisions; and\n> > > > > \n> > > > > > (ii) provisions that relate to prescribed matters; and\n> > > \n> > > > (c) is to reflect contemporary standards, and best-practice principles, that apply in relation to sponsorship; and\n> > > \n> > > > (d) may include such other matters as the Board considers relevant.\n> \n> > (3)  The Board is to ensure that, as far as is reasonably practicable, there is always a framework in force under this section in respect of the Company and its subsidiaries.\n> \n> > (4)  As soon as practicable after a framework under this section comes into force, the Board is to ensure that –\n> > \n> > > > (a) a copy of the framework is published on a website maintained by, or on behalf of, the Company; and\n> > > \n> > > > (b) as far as is reasonably practicable, the framework remains so published while it is in force.","sortOrder":39},{"sectionNumber":"Division 4","sectionType":"division","heading":"Non-commercial activities","content":"## Division 4 Non-commercial activities","sortOrder":40},{"sectionNumber":"27","sectionType":"section","heading":"Non-commercial activities","content":"### 27 Non-commercial activities\n\n> > (1)  The members may direct the Company to do one or more of the following:\n> > \n> > > > (a) to perform an activity that the members consider to be in the public interest but that may cause the Company to suffer financial detriment;\n> > > \n> > > > (b) to cease to perform such an activity;\n> > > \n> > > > (c) to cease to perform an activity that the Company is otherwise entitled to perform if the members consider that the activity is not in the public interest.\n> \n> > (2)  A direction is to be in writing provided to the Company.\n> \n> > (3)  The Company is to comply with a direction.\n> \n> > (4)  If the Company satisfies the members that it has, or will, suffer financial detriment as a result of complying with a direction, the Company is entitled to compensation or payment for compliance with the direction in the amount determined by the Treasurer.\n> \n> > (5)  A reference in this section to suffering financial detriment includes a reference to incurring net costs that are greater than would have been incurred if the Company had not complied with the direction.","sortOrder":41},{"sectionNumber":"Part 3","sectionType":"part","heading":"Acquisition of and Entry on Land","content":"# Part 3 Acquisition of and Entry on Land","sortOrder":42},{"sectionNumber":"28","sectionType":"section","heading":"Acquisition of land","content":"### 28 Acquisition of land\n\n> > (1)  The Company is an acquiring authority for the purposes of the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) and, as such, may acquire land under that Act.\n> \n> > (2)  Despite [subsection (1)](#GS28@Gs1@EN) , the Company may only acquire land by compulsory process under the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023)  –\n> > \n> > > > (a) if it does so in accordance with [section 183 of the](/view/html/inforce/2026-04-12/act-1999-045#GS183@EN) [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) for the purpose of establishing a water district under that Act; or\n> > > \n> > > > (b) if it has the consent of the Minister to so acquire that land.\n> \n> > (3)  The Company is a public authority established by or under an Act for the purposes of the [Conveyancing and Law of Property Act 1884](/view/html/inforce/2026-04-12/act-1884-019) .\n> \n> > (4)  Without limiting [subsection (1)](#GS28@Gs1@EN) , the Company –\n> > \n> > > > (a) may acquire an easement in gross within the meaning of [section 90A of the](/view/html/inforce/2026-04-12/act-1884-019#GS90A@EN) [Conveyancing and Law of Property Act 1884](/view/html/inforce/2026-04-12/act-1884-019) ; and\n> > > \n> > > > (b) may enter into, or acquire the benefit of, a covenant in gross within the meaning of [section 90AB](/view/html/inforce/2026-04-12/act-1884-019#GS90AB@EN) of that Act.","sortOrder":43},{"sectionNumber":"Part 4","sectionType":"part","heading":"Transfer of Assets, &c., and Employees to or from Company","content":"# Part 4 Transfer of Assets, &c., and Employees to or from Company","sortOrder":44},{"sectionNumber":"29","sectionType":"section","heading":"Transfer to Company of assets, liabilities and contracts of Commission and TIS Corporation","content":"### 29 Transfer to Company of assets, liabilities and contracts of Commission and TIS Corporation\n\n> > (1)  In this section –\n> > \n> > > ***contract*** means a contract, agreement, arrangement, undertaking or part of a contract, agreement, arrangement or undertaking, but does not include a contract of employment;\n> > \n> > > ***contract of employment*** includes –\n> > > \n> > > > > (a) a secondment arrangement; and\n> > > > \n> > > > > (b) an appointment as a director of the Commission or TIS Corporation; and\n> > > > \n> > > > > (c) an appointment referred to in [clause 5](#JS1@HS2@GC5@EN) of [Schedule 1](#JS1@EN) ; and\n> > > > \n> > > > > (d) a contract referred to in [clause 6](#JS1@HS2@GC6@EN) of [Schedule 1](#JS1@EN) ;\n> > \n> > > ***State tax*** means any of the following if imposed by any Act or law of Tasmania:\n> > > \n> > > > > (a) a fee, including an application fee and registration fee;\n> > > > \n> > > > > (b) a tax, including a duty;\n> > > > \n> > > > > (c) a charge.\n> \n> > (2)  On the transfer day –\n> > \n> > > > (a) the assets of the Commission and TIS Corporation vest in the Company without the need for any further conveyance, transfer, assignment or assurance; and\n> > > \n> > > > (b) the rights and liabilities of the Commission and TIS Corporation become the rights and liabilities of the Company without the need for any further conveyance, transfer, assignment or assurance; and\n> > > \n> > > > (c) the contracts made or entered into by the Commission or TIS Corporation, or both, but not performed, executed, discharged or otherwise terminated, before the transfer day are transferred to the Company; and\n> > > \n> > > > (d) the Commission and TIS Corporation cease to be parties to a contract referred to in [paragraph (c)](#GS29@Gs2@Hpc@EN) .\n> \n> > (3)  For the purposes of [subsection (2)(a)](#GS29@Gs2@Hpa@EN) , the share of TIS Corporation held by the Commission is not an asset of the Commission.\n> \n> > (4)  On and after the transfer day –\n> > \n> > > > (a) a contract referred to in [subsection (2)(c)](#GS29@Gs2@Hpc@EN) is taken to have been made or entered into by the Company; and\n> > > \n> > > > (b) a reference to the Commission or TIS Corporation, or both, in a contract referred to in [subsection (2)(c)](#GS29@Gs2@Hpc@EN) is taken to be or include, as appropriate, a reference to the transfer recipient.\n> \n> > (5)  State tax is not payable in respect of any document prepared to give effect to [subsection (2)](#GS29@Gs2@EN) .","sortOrder":45},{"sectionNumber":"30","sectionType":"section","heading":"Transfer of assets, &c., to or from Crown or council by transfer notice","content":"### 30 Transfer of assets, &c., to or from Crown or council by transfer notice\n\n> > (1)  In this section –\n> > \n> > > ***contract*** means a contract, agreement, arrangement, undertaking or part of a contract, agreement, arrangement or undertaking, but does not include a contract of employment;\n> > \n> > > ***contract of employment*** includes –\n> > > \n> > > > > (a) a secondment arrangement; and\n> > > > \n> > > > > (b) an appointment as a director of the Commission or TIS Corporation; and\n> > > > \n> > > > > (c) an appointment referred to in [clause 5](#JS1@HS2@GC5@EN) of [Schedule 1](#JS1@EN) ; and\n> > > > \n> > > > > (d) a contract referred to in [clause 6](#JS1@HS2@GC6@EN) of [Schedule 1](#JS1@EN) ;\n> > \n> > > ***specified*** means specified in a transfer notice.\n> \n> > (2)  The Minister, by notice published in the *Gazette*, may transfer to the Company –\n> > \n> > > > (a) such –\n> > > > \n> > > > > > (i) assets owned by the Crown; and\n> > > > > \n> > > > > > (ii) liabilities of the Crown; and\n> > > > > \n> > > > > > (iii) contracts to which the Crown is a party; and\n> > > \n> > > > (b) with the consent of a council, such –\n> > > > \n> > > > > > (i) assets owned by the council; and\n> > > > > \n> > > > > > (ii) liabilities of the council; and\n> > > > > \n> > > > > > (iii) contracts to which the council is a party –\n> > \n> > as are specified in the notice.\n> \n> > (3)  The Minister, by notice published in the *Gazette*, may transfer to the Crown such –\n> > \n> > > > (a) assets owned by the Company; and\n> > > \n> > > > (b) liabilities of the Company; and\n> > > \n> > > > (c) contracts to which the Company is a party –\n> > \n> > as are specified in the notice.\n> \n> > (4)  A transfer notice under [subsection (2)](#GS30@Gs2@EN) may be combined with a transfer notice under [subsection (3)](#GS30@Gs3@EN) .\n> \n> > (5)  A transfer notice may –\n> > \n> > > > (a) specify conditions including, without limitation –\n> > > > \n> > > > > > (i) conditions relating to the transfer of the assets, liabilities and contracts; and\n> > > > > \n> > > > > > (ii) conditions relating to the payment of consideration, if any is payable; and\n> > > \n> > > > (b) provide for any matter that is incidental to the transfer of the assets, liabilities and contracts.\n> \n> > (6)  A transfer notice takes effect on the specified day or days, whether that day is before, on or after the day on which the transfer notice is published in the *Gazette*.\n> \n> > (7)  On the day on which a transfer notice takes effect –\n> > \n> > > > (a) the specified assets vest in the transfer recipient in accordance with the transfer notice, without the need for any further conveyance, transfer, assignment or assurance but subject to any conditions specified in the transfer notice; and\n> > > \n> > > > (b) the specified liabilities become the liabilities of the transfer recipient, in accordance with the transfer notice, without the need for any further conveyance, transfer, assignment or assurance but subject to any conditions specified in the transfer notice; and\n> > > \n> > > > (c) the transferor ceases to be a party to the specified contracts unless the transfer notice provides otherwise or except to the extent specified in the transfer notice.\n> \n> > (8)  On and after the day on which a transfer notice takes effect –\n> > \n> > > > (a) a specified contract is taken to have been made by the transfer recipient; and\n> > > \n> > > > (b) a reference to the transferor in a specified contract is taken to be or include, as appropriate, a reference to the transfer recipient.\n> \n> > (9)  [Subsection (7)(c)](#GS30@Gs7@Hpc@EN) and [subsection (8)](#GS30@Gs8@EN) have effect despite any contrary provision in the specified contract.\n> \n> > (10)  The Minister may amend or revoke a transfer notice.\n> \n> > (11)  A transfer notice is not a statutory rule for the purposes of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .\n> \n> > (12)  State tax is not payable in respect of any document prepared to give effect to a transfer notice or [subsection (7)](#GS30@Gs7@EN) .","sortOrder":46},{"sectionNumber":"31","sectionType":"section","heading":"Transfer of persons subject to a secondment arrangement","content":"### 31 Transfer of persons subject to a secondment arrangement\n\n> > (1)  Before the transfer day, the Minister is to give to each State Service employee and State Service officer who is to become a transferring employee written notice that his or her secondment to the Commission or TIS Corporation is to be transferred to the Company and the date, or approximate date, on which that transfer will take effect.\n> \n> > (2)  On the transfer day, the secondment arrangement relating to each transferring employee –\n> > \n> > > > (a) continues in effect; and\n> > > \n> > > > (b) the requirement in the secondment arrangement for the transferring employee to undertake duties with the Commission or TIS Corporation is taken to be a requirement to undertake duties with the Company.\n> \n> > (3)  A transferring employee is not entitled to any compensation or other payment in respect of the change of the organisation for which he or she is required to undertake duties under his or her secondment arrangement or any change in his or her position description, title, role or duties that results from that change of organisation.\n> \n> > (4)  Before, or as soon as practicable after, the transfer day, the Company by written notice provided to a transferring employee may determine the position description, title, role or duties for the position to be occupied, or occupied, by the transferring employee in the Company that is different from his or her position description, title, role or duties with the Commission or TIS Corporation.","sortOrder":47},{"sectionNumber":"32","sectionType":"section","heading":"Construction of instruments","content":"### 32 Construction of instruments\n\n> > (1)  In this section –\n> > \n> > > ***contract of employment*** includes –\n> > > \n> > > > > (a) a secondment arrangement; and\n> > > > \n> > > > > (b) an appointment as a director of the Commission or TIS Corporation; and\n> > > > \n> > > > > (c) an appointment referred to in [clause 5](#JS1@HS2@GC5@EN) of [Schedule 1](#JS1@EN) ; and\n> > > > \n> > > > > (d) a contract referred to in [clause 6](#JS1@HS2@GC6@EN) of [Schedule 1](#JS1@EN) ;\n> > \n> > > ***document*** means a document, or part of a document –\n> > > \n> > > > > (a) that was in force immediately before the transfer day; and\n> > > > \n> > > > > (b) that relates to a transferring asset, transferring liability, transferring contract or transferring employee; and\n> > > > \n> > > > > (c) in which there is a reference –\n> > > > > \n> > > > > > > (i) in relation to that transferring asset, transferring liability or transferring contract, to the transferor, or transfer recipient; or\n> > > > > > \n> > > > > > > (ii) in relation to that transferring employee, to the Commission or TIS Corporation –\n> > > \n> > > but does not include a contract of employment.\n> \n> > (2)  Unless the context or subject matter of a document requires otherwise, on and after the relevant day of transfer a reference in the document to the transferor is taken, where appropriate, to be or include a reference to the transfer recipient.","sortOrder":48},{"sectionNumber":"33","sectionType":"section","heading":"Continuation and institution of proceedings, &c.","content":"### 33 Continuation and institution of proceedings, &c.\n\n> On and after the relevant day of transfer –\n> \n> > > (a) legal or other proceedings instituted by or against the transferor in relation to a transferring asset, transferring liability, transferring contract or transferring employee before, and pending on, the relevant day of transfer may be continued by or against the transfer recipient; and\n> > \n> > > (b) any legal or other proceedings that, immediately before the relevant day of transfer, could have been instituted by or against the transferor in relation to a transferring asset, transferring liability, transferring contract or transferring employee may be instituted by or against the transfer recipient; and\n> > \n> > > (c) a judgment or order of a court obtained before the relevant day of transfer by or against the transferor in proceedings relating to a transferring asset, transferring liability, transferring contract or transferring employee may be enforced by or against the transfer recipient; and\n> > \n> > > (d) a document relating to legal or other proceedings relating to a transferring asset, transferring liability, transferring contract or transferring employee that has been served on or by the transferor before the relevant day of transfer is taken, where appropriate, to have been served on or by the transfer recipient.","sortOrder":49},{"sectionNumber":"34","sectionType":"section","heading":"Contracts","content":"### 34 Contracts\n\n> A party to a transferring contract is not entitled to terminate that contract, claim that there has been a breach or default of contract or claim any remedy by reason only of the transfer of that contract to the Company or the Crown under [section 29](#GS29@EN) or [30](#GS30@EN) .","sortOrder":50},{"sectionNumber":"35","sectionType":"section","heading":"Removing doubt relating to transfer","content":"### 35 Removing doubt relating to transfer\n\n> > (1)  In this section –\n> > \n> > > ***contract*** means a contract, agreement, arrangement, undertaking or part of a contract, agreement, arrangement or undertaking, but does not include a contract of employment;\n> > \n> > > ***contract of employment*** includes –\n> > > \n> > > > > (a) a secondment arrangement; and\n> > > > \n> > > > > (b) an appointment as a director of the Commission or TIS Corporation; and\n> > > > \n> > > > > (c) an appointment referred to in [clause 5](#JS1@HS2@GC5@EN) of [Schedule 1](#JS1@EN) ; and\n> > > > \n> > > > > (d) a contract referred to in [clause 6](#JS1@HS2@GC6@EN) of [Schedule 1](#JS1@EN) .\n> \n> > (2)  If there is any doubt –\n> > \n> > > > (a) as to whether any asset, liability or contract, or any part of any asset, liability or contract, is vested in or transferred to the Company or the Crown under [section 29](#GS29@EN) or [30](#GS30@EN) ; or\n> > > \n> > > > (b) as to whether any contract or other document relates to any asset, liability or contract that is transferred to the Company or the Crown under [section 29](#GS29@EN) or [30](#GS30@EN)  –\n> > \n> > the Minister is to determine the matter.\n> \n> > (3)  On determining a matter, the Minister is to provide written notice of that determination to each of the following persons:\n> > \n> > > > (a) the transferor;\n> > > \n> > > > (b) the transfer recipient;\n> > > \n> > > > (c) a person who brought the matter to the Minister for determination;\n> > > \n> > > > (d) a party to a contract if the Minister considers it appropriate.\n> \n> > (4)  The determination of the Minister under [subsection (2)](#GS35@Gs2@EN) is final and binding.","sortOrder":51},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous","sortOrder":52},{"sectionNumber":"35A","sectionType":"section","heading":"Treasurer's Instructions","content":"### 35A Treasurer's Instructions\n\n> [*\\[Section 35A Inserted by No. 9 of 2018, s. 21, Applied:10 Sep 2018\\]*](/view/html/inforce/2018-09-10/act-2018-009#GS21@EN)\n> \n> > (1)  In this section –\n> > \n> > > ***Treasurer's Instruction*** means a Treasurer's Instruction issued under [section 114 of the](/view/html/inforce/2026-04-12/act-1995-022#GS114@EN) [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) .\n> \n> > (2)  A Treasurer's Instruction applies to the Company, and each subsidiary of the Company, as if they were Government Business Enterprises specified in [Schedules 1](/view/html/inforce/2026-04-12/act-1995-022#JS1@EN) , [2](/view/html/inforce/2026-04-12/act-1995-022#JS2@EN) and [3](/view/html/inforce/2026-04-12/act-1995-022#JS3@EN) of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) .\n> \n> > (3)  The Treasurer may issue Treasurer's Instructions specifically in relation to the Company, and each subsidiary of the Company, as if they were Government Business Enterprises specified in [Schedules 1](/view/html/inforce/2026-04-12/act-1995-022#JS1@EN) , [2](/view/html/inforce/2026-04-12/act-1995-022#JS2@EN) and [3](/view/html/inforce/2026-04-12/act-1995-022#JS3@EN) of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) .\n> \n> > (4)  The Company and each subsidiary of the Company are to comply with all relevant Treasurer's Instructions.\n> \n> > (5)  The Treasurer may exempt the Company or a subsidiary of the Company, or both, from the obligation to comply with all or part of a Treasurer's Instruction.","sortOrder":53},{"sectionNumber":"36","sectionType":"section","heading":"Application of Corporations Act","content":"### 36 Application of Corporations Act\n\n> [*\\[Section 36 Amended by No. 9 of 2018, s. 22, Applied:10 Sep 2018\\]*](/view/html/inforce/2018-09-10/act-2018-009#GS22@EN) To the extent that a provision of this Act is incapable of concurrent operation with the Corporations Act, that provision is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act.","sortOrder":54},{"sectionNumber":"37","sectionType":"section","heading":"Protection for acts done under this Act","content":"### 37 Protection for acts done under this Act\n\n> Any thing done or omitted in good faith that is done or omitted under, or authorised by, this Act does not, except as otherwise expressly provided by or under this Act or as provided or agreed by the person doing or omitting the thing –\n> \n> > > (a) terminate a contract, other instrument or obligation; or\n> > \n> > > (b) give rise to a right to terminate a contract, other instrument or obligation by fulfilling a condition or in any other manner; or\n> > \n> > > (c) release a surety or other obligee wholly or in part from an obligation; or\n> > \n> > > (d) give rise to any right or remedy by a party to a contract or other instrument; or\n> > \n> > > (e) constitute a breach of a contract or other instrument; or\n> > \n> > > (f) constitute a civil or criminal wrong; or\n> > \n> > > (g) constitute a breach of confidence.","sortOrder":55},{"sectionNumber":"38","sectionType":"section","heading":"Delegation by Minister","content":"### 38 Delegation by Minister\n\n> The Minister, in writing, may delegate to any person any of his or her powers or functions under this Act, other than this power of delegation.","sortOrder":56},{"sectionNumber":"39","sectionType":"section","heading":"Regulations","content":"### 39 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  Without limiting the generality of [subsection (1)](#GS39@Gs1@EN) , the regulations may –\n> > \n> > > > (a) provide for arrangements for transferring employees or persons who may become transferring employees; and\n> > > \n> > > > (b) provide for the deregistration of TIS Corporation under the Corporations Act.\n> \n> > (3)  Without limiting the generality of [subsection (1)](#GS39@Gs1@EN) , the regulations may modify the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) in its application to the acquisition of land under [section 28](#GS28@EN) , but the regulations cannot affect the monetary entitlements of persons from whom land is so acquired.\n> \n> > (4)  The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.\n> \n> > (5)  The regulations may authorise any matter to be from time to time approved, determined, applied or regulated by the Minister or the Treasurer.\n> \n> > (6)  The regulations may –\n> > \n> > > > (a) provide for savings or transitional matters necessary or expedient for bringing this Act, or a transfer notice, into operation; and\n> > > \n> > > > (b) provide for any of those savings or transitional matters to take effect when this Act commences or on a later day specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made.","sortOrder":57},{"sectionNumber":"40","sectionType":"section","heading":"Administration of Act","content":"### 40 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 Primary Industries and Water; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Primary Industries, Parks, Water and Environment.","sortOrder":58},{"sectionNumber":"41","sectionType":"section","heading":"Savings and transitional provisions","content":"### 41 Savings and transitional provisions\n\n> The savings and transitional provisions set out in [Schedule 1](#JS1@EN) have effect.","sortOrder":59},{"sectionNumber":"42","sectionType":"section","heading":"Repeal and revocation of  Rivers and Water Supply Commission Act 1999  and proclamation under that Act","content":"### 42 Repeal and revocation of  Rivers and Water Supply Commission Act 1999  and proclamation under that Act\n\n> > (1)  On the day fixed by proclamation under [subsection (2)](#GS42@Gs2@EN)  –\n> > \n> > > > (a) the [Rivers and Water Supply Commission Act 1999](/view/html/inforce/2026-04-12/act-1999-046) is repealed; and\n> > > \n> > > > (b) the [Proclamation under the Rivers and Water Supply Commission Act 1999](/view/html/inforce/2026-04-12/sr-1999-172) (S.R. 1999, No. 172) is revoked.\n> \n> > (2)  On the recommendation of the Minister, the Governor, by proclamation, may fix the day on which –\n> > \n> > > > (a) the [Rivers and Water Supply Commission Act 1999](/view/html/inforce/2026-04-12/act-1999-046) is repealed; and\n> > > \n> > > > (b) the [Proclamation under the Rivers and Water Supply Commission Act 1999](/view/html/inforce/2026-04-12/sr-1999-172) (S.R. 1999, No. 172) is revoked.\n> \n> > (3)  Before making a recommendation for the purpose of [subsection (2)](#GS42@Gs2@EN) , the Minister is to be satisfied that, in respect of the financial year ending on 30 June 2011 –\n> > \n> > > > (a) the Board of Directors of the Commission has –\n> > > > \n> > > > > > (i) prepared and forwarded to the Auditor-General a copy of its financial statements as required by [section 52 of the](/view/html/inforce/2026-04-12/act-1995-022#GS52@EN) [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) ; and\n> > > > > \n> > > > > > (ii) prepared and provided to the Minister its annual report as required by [section 55](/view/html/inforce/2026-04-12/act-1995-022#GS55@EN) of that Act; and\n> > > \n> > > > (b) the Commission and TIS Corporation have paid any income tax equivalent, guarantee fee and dividend as required under [Parts 10](/view/html/inforce/2026-04-12/act-1995-022#HP10@EN) and [11 of the](/view/html/inforce/2026-04-12/act-1995-022#HP11@EN) [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) ; and\n> > > \n> > > > (c) TIS Corporation has been deregistered.","sortOrder":60},{"sectionNumber":"43","sectionType":"section","heading":"Deregistration of TIS Corporation","content":"### 43 Deregistration of TIS Corporation\n\n> > (1)  The Minister may apply, or may require the Commission or TIS Corporation to apply, for the deregistration of TIS Corporation under section 601AA of the Corporations Act if –\n> > \n> > > > (a) TIS Corporation has paid any income tax equivalent in respect of the financial year ending on 30 June 2011 as required by [Part 10 of the](/view/html/inforce/2026-04-12/act-1995-022#HP10@EN) [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) ; and\n> > > \n> > > > (b) the Board of Directors of TIS Corporation has done everything necessary to enable the Board of Directors of the Commission to comply with [sections 52](/view/html/inforce/2026-04-12/act-1995-022#GS52@EN) and [55 of the](/view/html/inforce/2026-04-12/act-1995-022#GS55@EN) [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) .\n> \n> > (2)  A requirement under [subsection (1)](#GS43@Gs1@EN) is to be in writing.\n> \n> > (3)  The Commission or TIS Corporation is to comply with a requirement under [subsection (1)](#GS43@Gs1@EN) .","sortOrder":61},{"sectionNumber":"SCHEDULE 1 - Savings and trans","sectionType":"part","heading":"SCHEDULE 1 - Savings and transitional provisions","content":"# SCHEDULE 1 - Savings and trans SCHEDULE 1 - Savings and transitional provisions\n\n[Section 41](#GS41@EN)","sortOrder":62},{"sectionNumber":"SCHEDULE 2 - Provisions to be ","sectionType":"part","heading":"SCHEDULE 2 - Provisions to be Included in Constitution","content":"# SCHEDULE 2 - Provisions to be  SCHEDULE 2 - Provisions to be Included in Constitution\n\n[*\\[Schedule 2 Inserted by No. 18 of 2025, s. 33, Applied:01 Jan 2026\\]*](/view/html/inforce/2026-01-01/act-2025-018#GS33@EN)\n\n[Section 8](#GS8@EN)\n\n> **1.   **Terms of directors****\n> \n> > > (1) Except as approved under [clauses 2](#JS2@GC2@EN) and [3](#JS2@GC3@EN) , a person may not be appointed to serve as director on the Board if the person –\n> > > \n> > > > > (a) has previously served 2 full terms as director on the Board, whether consecutive or not; or\n> > > > \n> > > > > (b) has previously held the position of chief executive officer of the Company.\n> > \n> > > (2) For the avoidance of doubt, [subclause (1)](#JS2@GC1@Gc1@EN) does not apply to a term as director if –\n> > > \n> > > > > (a) the person –\n> > > > > \n> > > > > > > (i) holds the office of director to fill a vacancy in the office of director; and\n> > > > > > \n> > > > > > > (ii) only holds that office for the remainder of the vacating director’s term; and\n> > > > \n> > > > > (b) the person has not previously been appointed as director for a full term.\n> > \n> > > (3) For the purposes of this clause, a person has served a full term as director –\n> > > \n> > > > > (a) if the person has held the office of director for the amount of time for which the person was appointed to that office, before being required to be reappointed to the office; and\n> > > > \n> > > > > (b) regardless of whether that person served the full term as director before, or after, the commencement of the *Government Business Governance Reforms Act 2025*.\n> > \n> > > (4) For the purposes of this clause, the operation of [section 21(3)(b) of the](/view/html/inforce/2026-04-12/act-1931-059#GS21@Gs3@Hpb@EN) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) in respect of a person’s appointment to the office of director is taken to be an extension of the person’s full term as director and not a reappointment of the person to the office of director.\n\n> **2.   **Members may appoint directors for subsequent terms****\n> \n> > > (1) A person may be appointed for a third or subsequent term as director if the members are satisfied that exceptional circumstances exist that require the person to serve a third, or subsequent, term.\n> > \n> > > (2) If a person is appointed for a third or subsequent term as director, the Minister is to table a notice in each House of Parliament, within 7 sitting-days after the appointment, that includes –\n> > > \n> > > > > (a) a statement that includes the following information:\n> > > > > \n> > > > > > > (i) the fact that the appointment has been made;\n> > > > > > \n> > > > > > > (ii) the duration of the term of the appointment so made;\n> > > > > > \n> > > > > > > (iii) how many times the person, so appointed, has been appointed to the office of director; and\n> > > > \n> > > > > (b) if appropriate, the exceptional circumstances relied upon by the members when making the appointment.\n\n> **3.   **Members may appoint former chief executive officers as directors****\n> \n> > > (1) A former chief executive officer of the Company may be appointed as director if the members are satisfied that exceptional circumstances exist that require the person to be appointed as director.\n> > \n> > > (2) If a former chief executive officer of the Company is appointed as director under [subclause (1)](#JS2@GC3@Gc1@EN) , the Minister is to table a notice in each House of Parliament, within 7 sitting-days after the appointment, that includes –\n> > > \n> > > > > (a) a statement that includes the following information:\n> > > > > \n> > > > > > > (i) the fact that the appointment has been made;\n> > > > > > \n> > > > > > > (ii) the duration of the term of the appointment so made;\n> > > > > > \n> > > > > > > (iii) that the person was previously the chief executive officer of the Company; and\n> > > > \n> > > > > (b) if appropriate, the exceptional circumstances relied upon by the members when making the appointment.","sortOrder":67}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been expanded and refined by later amendments recorded in the text. New governance and control measures—member directions (ss 13A–13D), mandatory constitutional provisions (Schedule 2), limits on member share dealings (s 11A), and expanded Treasurer oversight (ss 35A, 21)—alter how the Company is governed, how appointments are limited, and how fiscal and operational decisions are constrained compared with the original text."},"complexity_factors":["Frequent cross-references to multiple other Acts (Corporations Act, Government Business Enterprises Act 1995, Water Management Act 1999, Land Acquisition Act 1993, etc.) increasing legal interdependence (see ss 4, 36, 28, 39).","Statutory transfer mechanics that vest assets, liabilities and contracts automatically on specified days and by transfer notice, with ministerial discretion to amend or revoke notices (ss 29–30, 35).","Detailed transitional and savings provisions dealing with employee secondments, termination of pre-existing contracts and continuity of licences and permits (ss 31–34; Schedule 1 clauses 5–12).","Member powers to give directions that can override constitutions and other governing documents but are subject to notice, objection and parliamentary tabling rules—creates procedural complexity and potential operational tension (ss 13A–13C, 13D, 13B).","Treasury controls: borrowing restrictions, Treasurer’s Instructions, guarantee/indemnity regime and payment from Parliamentary funds introduce fiscal constraints and compliance obligations (ss 15–17, 21, 35A).","Governance constraints added by later amendments (term limits, mandatory constitutional provisions in Schedule 2, limits on share disposal) increase appointment and shareholder-process complexity (Schedule 2; ss 8, 11A).","Discretion concentrated in Minister and Treasurer (power to declare transfer day, make transfer notices, delegate powers, grant guarantees) which raises implementation and administrative risk (ss 6, 30, 38, 16)."],"plain_english_summary":"This law establishes Tasmanian Irrigation Pty Ltd to develop, own and operate irrigation schemes and provides for the automatic transfer of assets, contracts and employees from the Rivers and Water Supply Commission and TIS Corporation, and for transfers between the Company, the Crown and councils (ss 3,7,29–31,30).  It sets corporate governance and reporting rules, makes the Minister and Treasurer the Company’s only members with written-direction powers, and subjects borrowing, guarantees and payments to Treasury oversight (ss 9,13,13A,13E,15–17,16; Minister transfer/ delegation powers ss 30,38)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained focused on its original purpose of regulating irrigation companies in Tasmania. The 2026 amendments suggest ongoing refinement rather than a fundamental shift in scope. However, the full amendment history was not available for detailed analysis, so minor scope expansions or contractions within that history cannot be ruled out."},"complexity_factors":["Intersects multiple areas of law: corporate law, water law, property law, and agricultural regulation","Creates a unique hybrid corporate structure (part utility, part cooperative) not found in standard company law","Involves specialist water allocation and licensing concepts that require background knowledge to understand","Has been amended multiple times since 2011, meaning the current version may differ significantly from the original","Limited content was available in the provided extract — full complexity of the substantive provisions could not be assessed","Applies only in Tasmania, so it operates alongside both state water legislation and Commonwealth corporations law, creating potential overlap","Membership rights are tied to land ownership and water entitlements, adding a property law dimension"],"plain_english_summary":"This Act creates a legal framework for irrigation companies in Tasmania—member‑owned businesses that manage and deliver water infrastructure to farms and rural properties. It governs how these companies are formed and run, sets members’ rights and fee/allocation rules, provides dispute and oversight mechanisms, and thus determines farmers’ access to water, charges they face, and how schemes are managed. It affects irrigators, company members, operators and government regulators."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2011 purpose of establishing the Company and transferring assets from the abolished Commission. Major expansions include: (1) 2018 amendments adding the 'statement of expectations' framework and removing the Government Business Enterprises Act overlay; (2) 2023 amendments strengthening commercial operation requirements and Crown liability protections; (3) extensive 2025 amendments adding detailed governance controls including binding directions (section 13A), objection procedures (section 13B), publication requirements (section 13C), progress reporting (section 26A), adverse circumstance notifications (section 26B), sponsorship frameworks (section 26C), and Schedule 2 constitution requirements for director term limits. The Act has evolved from a simple establishment/transfer statute into a comprehensive corporate governance code for a government business enterprise."},"complexity_factors":["34 defined terms in the interpretation section (section 4), many with nested definitions (e.g., 'contract of employment' defined differently in multiple sections)","Extensive cross-referencing to other Acts: Corporations Act 2001, Government Business Enterprises Act 1995, Water Management Act 1999, Land Acquisition Act 1993, and multiple others","Multiple amendment layers visible in the text (2016, 2018, 2023, 2025 amendments) creating temporal complexity with different commencement dates","Conditional logic for transfers: automatic transfers under section 29 vs. discretionary transfers under section 30 with different effective date mechanisms","Nested exceptions in governance provisions: directions under section 13A can override constitution, corporate intent, and Treasurer's Instructions, but not the Act itself; subject to objection and tabling procedures with their own exceptions (section 13C allows non-tabling for commercial/confidentiality reasons)","Employment protections with multiple overlapping categories: transferring employees, prescribed employees, secondment arrangements, and specific savings provisions in Schedule 1","Dual status provisions: Company is not the Crown for most purposes (section 12) but Crown is beneficial owner of shares; subsidiaries treated as Company for Act purposes (section 5)","Savings and transitional provisions in Schedule 1 with 14 clauses dealing with permits, licences, by-laws, and employment contracts from predecessor bodies"],"plain_english_summary":"This Act creates and governs **Tasmanian Irrigation Pty Ltd**, a government-owned company responsible for developing and operating irrigation schemes in Tasmania.\n\n**What it does:**\n- **Establishes the Company**: Sets up Tasmanian Irrigation as a state-owned enterprise with the Minister and Treasurer as its only shareholders (holding shares in trust for the Crown).\n- **Transfers public assets**: Automatically transfers all assets, liabilities, contracts and staff from two abolished public bodies—the Rivers and Water Supply Commission and TIS Corporation—to the new Company on 1 July 2011 (or a later declared date).\n- **Allows future transfers**: Lets the Minister transfer assets and liabilities between the Crown, local councils and the Company by published notice.\n- **Sets the Company's mission**: Requires it to develop and operate irrigation schemes efficiently, commercially, and in line with sound business practice.\n- **Controls ownership**: Prevents privatisation by banning share sales and limiting how new shares can be issued (requires a two-thirds parliamentary vote to change these rules).\n- **Governs the Board**: Mandates that directors have relevant skills (including one with irrigation agriculture expertise), sets term limits (maximum two full terms, with exceptions requiring parliamentary notification), and requires the constitution to be consistent with this Act.\n- **Creates accountability mechanisms**: \n  - Members (Minister and Treasurer) issue a \"statement of expectations\" setting strategic priorities.\n  - Members can give binding directions to the Company (even if they contradict the constitution or corporate plan), subject to objection and tabling procedures.\n  - The Board must prepare annual corporate plans, financial reports, and a \"statement of corporate intent\".\n  - The Board must notify members of any adverse developments affecting the Company.\n- **Regulates finances**: Restricts borrowing (mostly to the Tasmanian Public Finance Corporation), allows Treasurer guarantees, applies tax-equivalent regimes, and requires compliance with Treasurer's Instructions.\n- **Protects employees**: Preserves long service leave entitlements for transferred public servants and guarantees no loss of pay or conditions for transferred staff.\n- **Land powers**: Allows the Company to acquire land (including by compulsory acquisition for water districts) and hold easements.\n\n**Who it affects:**\n- Tasmanian farmers and irrigators (who rely on the Company's infrastructure).\n- Transferred employees from the abolished Commission and TIS Corporation.\n- Local councils (who can transfer assets/liabilities to/from the Company).\n- The Tasmanian Government (which owns and directs the Company).\n\n**Why it matters:**\nThis Act privatised (in the sense of corporatising) Tasmania's irrigation infrastructure while keeping it firmly under government control. It balances commercial operation with public interest oversight, ensuring irrigation schemes are run like businesses but remain accountable to Parliament and the government."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/irrigation-company-act-2011","history":"/api/acts/irrigation-company-act-2011/history","analysis":"/api/acts/irrigation-company-act-2011/analysis","conflicts":"/api/acts/irrigation-company-act-2011/conflicts","importantCases":"/api/acts/irrigation-company-act-2011/important-cases","documents":"/api/acts/irrigation-company-act-2011/documents"}}