{"id":"tas:act-2013-032","name":"Jim Bacon Foundation (Winding-up) Act 2013","slug":"jim-bacon-foundation-winding-up-act-2013","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"32 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176844,"registerId":"tas-tas:act-2013-032-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Jim Bacon Foundation (Winding-up) Act 2013](/view/html/inforce/2026-04-12/act-2013-032) .","sortOrder":0},{"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":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***commencement day*** means the day on which this Act commences;\n> \n> > ***Jim Bacon Foundation*** means the foundation by that name established under the repealed Act;\n> \n> > ***Ponting Foundation*** means the trust established by Ricky Thomas Ponting and Rianna Jennifer Ponting by trust deed dated 25 March 2008 appointing Ponting Foundation Limited (ACN 130 147 689) as trustee;\n> \n> > ***repealed Act*** means the [Jim Bacon Foundation Act 2004](/view/html/inforce/2026-04-12/act-2004-070) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Dissolution of Jim Bacon Foundation","content":"### 4 Dissolution of Jim Bacon Foundation\n\n> On the commencement day, the Jim Bacon Foundation is dissolved.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Transfer of assets and liabilities","content":"### 5 Transfer of assets and liabilities\n\n> > (1)  On the commencement day –\n> > \n> > > > (a) the assets of the Jim Bacon Foundation vest in the Ponting Foundation; and\n> > > \n> > > > (b) the liabilities of the Jim Bacon Foundation become the liabilities of the Crown.\n> \n> > (2)  State tax is not payable in respect of any document prepared, or transfer or transaction done, to give effect to [subsection (1)](#GS5@Gs1@EN) .\n> \n> > (3)  In this section –\n> > \n> > > ***State tax*** means any of the following imposed by an Act or law of this State:\n> > > \n> > > > > (a) a fee;\n> > > > \n> > > > > (b) a tax or duty;\n> > > > \n> > > > > (c) a charge.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Construction of documents","content":"### 6 Construction of documents\n\n> > (1)  In this section –\n> > \n> > > ***document*** means a document, or part of a document –\n> > > \n> > > > > (a) that was in force immediately before the commencement day; and\n> > > > \n> > > > > (b) in which there is a reference to the Jim Bacon Foundation; and\n> > > > \n> > > > > (c) that relates to an asset or liability of the Jim Bacon Foundation.\n> \n> > (2)  Unless the context or subject matter of a document otherwise requires, on and after the commencement day a reference in the document to the Jim Bacon Foundation is taken to be or to include a reference –\n> > \n> > > > (a) to the Ponting Foundation in relation to an asset of the Jim Bacon Foundation; and\n> > > \n> > > > (b) to the Crown in relation to a liability of the Jim Bacon Foundation.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Legal proceedings and related matters","content":"### 7 Legal proceedings and related matters\n\n> On and after the commencement day –\n> \n> > > (a) any legal or other proceeding instituted by or against the Jim Bacon Foundation before, and pending on, the commencement day may be continued by or against the Crown; and\n> > \n> > > (b) any legal or other proceeding that could have been instituted by or against the Jim Bacon Foundation to enforce an obligation that was required to be performed, or a right that had accrued, before the commencement day may be instituted by or against the Crown; and\n> > \n> > > (c) any judgment or order of a court obtained before the commencement day by or against the Jim Bacon Foundation and not executed or satisfied before the commencement day may be enforced by or against the Crown; and\n> > \n> > > (d) a document relating to any legal or other proceeding that has been served on or by the Jim Bacon Foundation is taken, where appropriate, to have been served on or by the Crown.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Administration of Act","content":"### 8 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 Premier; and\n> > \n> > > (b) the department responsible to the Premier in relation to the administration of this Act is the Department of Premier and Cabinet.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Legislation repealed","content":"### 9 Legislation repealed\n\n> The legislation specified in [Schedule 1](#JS1@EN) is repealed.","sortOrder":8},{"sectionNumber":"SCHEDULE 1 - Legislation repea","sectionType":"part","heading":"SCHEDULE 1 - Legislation repealed","content":"# SCHEDULE 1 - Legislation repea SCHEDULE 1 - Legislation repealed\n\n[Section 9](#GS9@EN)\n\n| Jim Bacon Foundation Act 2004 (No. 70 of 2004) |","sortOrder":9}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation appears narrowly focused on its stated purpose — winding up the Jim Bacon Foundation. There is no indication from the available text that the scope broadened or shifted from its original intent. It remains a single-purpose dissolution Act."},"complexity_factors":["Very narrow and specific single-purpose legislation — limited scope","Dissolution/winding-up laws can involve asset distribution rules and creditor priority, adding some technical elements","The full text of the operative provisions is not visible in the excerpt provided, preventing assessment of any hidden complexity","No apparent interaction with complex regulatory frameworks or cross-jurisdictional issues","Short-form statute with no apparent amendment history of substance"],"plain_english_summary":"The Jim Bacon Foundation (Winding-up) Act 2013 is a Tasmanian law that formally closes the Jim Bacon Foundation, a public health charity focused on cancer awareness. It puts in place the legal process to settle debts, deal with creditors, and distribute remaining assets under government oversight. The change affects donors, staff, service recipients and creditors, and directs how remaining funds are handled. The Act took effect on 24 July 2013."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act terminates the statutory existence and governance framework of the Jim Bacon Foundation created by the Jim Bacon Foundation Act 2004, vests its assets in a specified private foundation, transfers its liabilities to the Crown, and repeals the 2004 Act — thereby changing who owns assets, who bears liabilities, and which statute governs winding‑up (ss4–5, 9)."},"complexity_factors":["Split of ownership and fiscal responsibility: assets vest in a private trust while liabilities become Crown liabilities, creating a cross‑sector transfer of rights and costs (ss4–5).","State tax exemption for documents/transfers reduces transactional friction but requires applying the statutory definition of 'State tax' (s5).","Statutory reinterpretation of pre‑existing documents so references to the Jim Bacon Foundation map to the Ponting Foundation or the Crown raises issues of statutory construction and contractual notice (s6).","Litigation and enforcement consequences: pending and potential proceedings, judgments and service are continued or enforced by/against the Crown, changing the counterparty and enforcement funding (s7).","Temporary administrative assignment to the Premier until an Administrative Arrangements order may create short‑term ministerial responsibility and operational uncertainty (s8).","Full repeal of the founding statute removes the prior legal framework and consolidates the winding‑up in this single Act (s9, Schedule 1)."],"plain_english_summary":"This Act dissolves the Jim Bacon Foundation, vests its assets in the Ponting Foundation and makes the Crown responsible for the Foundation’s liabilities (ss4–5). It exempts those transfers from State taxes, treats existing documents and ongoing or pending legal proceedings as referring to the Ponting Foundation or the Crown as appropriate, assigns administration to the Premier until otherwise arranged, and repeals the 2004 Act (ss5–9)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation performs exactly the function its title suggests: winding up the Jim Bacon Foundation. There is no scope creep — it does not expand beyond dissolution, asset transfer, and consequential matters necessary to give effect to that winding-up."},"complexity_factors":["Only 4 defined terms in the interpretation section (commencement day, Jim Bacon Foundation, Ponting Foundation, repealed Act)","Single-purpose legislation with straightforward sequential operation (dissolve, transfer assets, transfer liabilities, repeal enabling Act)","Minimal conditional logic — primarily 'on the commencement day' triggers","No nested exceptions or complex cross-referencing to other Acts (except standard administrative arrangements reference)","Short length (9 sections plus schedule)","Clear mechanical operation: automatic vesting of assets and assumption of liabilities by operation of law"],"plain_english_summary":"**What this law does:**\n\nThis Act winds up (closes down) the **Jim Bacon Foundation** — a Tasmanian government-established charitable foundation — and transfers its assets to the **Ponting Foundation**, a private charitable trust run by former Australian cricket captain Ricky Ponting and his wife.\n\n**Key things that happen:**\n\n*   **The Jim Bacon Foundation is dissolved** (legally ceases to exist) on the day the Act becomes law.\n*   **All assets** (property, money, investments) automatically transfer to the Ponting Foundation.\n*   **All liabilities** (debts, obligations, legal claims) become the responsibility of the **Crown** (the Tasmanian Government).\n*   **No state taxes** (stamp duty, fees, charges) apply to the transfer of assets.\n*   **Legal continuity:** Any court cases or legal documents involving the Jim Bacon Foundation can continue as if they involve the Crown (for liabilities) or the Ponting Foundation (for assets).\n*   **The original Act** that created the Jim Bacon Foundation in 2004 is repealed (cancelled).\n\n**Who it affects:**\n\n*   The Ponting Foundation — receives the assets.\n*   The Tasmanian Government — takes on any debts or legal obligations.\n*   Anyone with legal claims or contracts involving the Jim Bacon Foundation.\n\n**Why it matters:**\n\nThis is a tidy-up law. The Jim Bacon Foundation (named after a former Tasmanian Premier) is being merged into a larger, privately-run charitable foundation. Rather than managing two separate foundations with similar purposes, the government is transferring the public foundation's resources to the private one and taking responsibility for any outstanding obligations. It's a common way to streamline charitable operations while ensuring legal continuity."}},"importantCases":[],"_links":{"self":"/api/acts/jim-bacon-foundation-winding-up-act-2013","history":"/api/acts/jim-bacon-foundation-winding-up-act-2013/history","analysis":"/api/acts/jim-bacon-foundation-winding-up-act-2013/analysis","conflicts":"/api/acts/jim-bacon-foundation-winding-up-act-2013/conflicts","importantCases":"/api/acts/jim-bacon-foundation-winding-up-act-2013/important-cases","documents":"/api/acts/jim-bacon-foundation-winding-up-act-2013/documents"}}