{"id":"tas:act-1999-044","name":"National Trust Preservation Fund (Winding-up) Act 1999","slug":"national-trust-preservation-fund-winding-up-act-1999","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"44 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105933,"registerId":"tas-act-1999-044-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [National Trust Preservation Fund (Winding-up) Act 1999](/view/html/inforce/2026-04-12/act-1999-044) .","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 –\n> \n> > ***commencement day*** means the day on which this Act commences;\n> \n> > ***Heritage Account*** means the account established by the Hobart City Council under this Act;\n> \n> > ***Heritage Fund*** means the Heritage Fund established under the [Historic Cultural Heritage Act 1995](/view/html/inforce/2026-04-12/act-1995-117) ;\n> \n> > [*\\[Section 3 Amended by No. 30 of 2017, s. 4, Applied:05 Sep 2017\\]*](/view/html/inforce/2017-09-05/act-2017-030#GS4@Hpa@EN) ***planning scheme*** means a planning scheme within the meaning of the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) ;\n> \n> [*\\[Section 3 Amended by No. 30 of 2017, s. 4, Applied:05 Sep 2017\\]*](/view/html/inforce/2017-09-05/act-2017-030#GS4@Hpb@EN)\n> \n> > ***Preservation Fund*** means the National Trust Preservation Fund (Hobart) referred to in the [Preamble](#Cp@EN) ;\n> \n> > ***Tasmanian Heritage Council*** means the Tasmanian Heritage Council established under the [Historic Cultural Heritage Act 1995](/view/html/inforce/2026-04-12/act-1995-117) ;\n> \n> > ***Tasmanian Heritage Register*** means the register kept under [section 15 of the](/view/html/inforce/2026-04-12/act-1995-117#GS15@EN) [Historic Cultural Heritage Act 1995](/view/html/inforce/2026-04-12/act-1995-117) ;\n> \n> > ***trust deed*** means the Deed of Trust referred to in paragraph (c) of the [Preamble](#Cp@EN) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Revocation of trusts","content":"### 4 Revocation of trusts\n\n> On the commencement day, the trusts established by the trust deed are revoked.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Distribution of funds","content":"### 5 Distribution of funds\n\n> > (1)  As soon as practicable after the commencement day, the Minister is to ensure that –\n> > \n> > > > (a) the funds contained in the Preservation Fund are divided into 2 equal parts; and\n> > > \n> > > > (b) one of those parts is transferred into the Heritage Fund and the other part into the Heritage Account.\n> \n> > (2)  The funds transferred under [subsection (1)](#GS5@Gs1@EN) may be transferred in any form and in any manner that the Minister considers appropriate.\n> \n> > (3)  [*\\[Section 5 Subsection (3) amended by No. 30 of 2017, s. 5, Applied:05 Sep 2017\\]*](/view/html/inforce/2017-09-05/act-2017-030#GS5@Hpa@EN) The funds transferred into the Heritage Account under [subsection (1)](#GS5@Gs1@EN) are to be applied for the provision of financial or other assistance in relation to places in the city of Hobart that are  –\n> > \n> > > > (a) [*\\[Section 5 Subsection (3) amended by No. 30 of 2017, s. 5, Applied:05 Sep 2017\\]*](/view/html/inforce/2017-09-05/act-2017-030#GS5@Hpb@EN) heritage listed under a planning scheme in effect in that city; or\n> > > \n> > > > (b) [*\\[Section 5 Subsection (3) amended by No. 30 of 2017, s. 5, Applied:05 Sep 2017\\]*](/view/html/inforce/2017-09-05/act-2017-030#GS5@Hpb@EN) entered in the Tasmanian Heritage Register.\n> \n> > (4)  The funds transferred into the Heritage Fund under subsection (1) are not to be used for the purposes set out in section 13 (a) or (b) of the [Historic Cultural Heritage Act 1995](/view/html/inforce/2026-04-12/act-1995-117) .\n> \n> > (5)  The funds transferred into the Heritage Account under subsection (1) are not to be used for the payment of expenses, charges, salaries, remuneration, allowances, expenses or obligations incurred in the administration of the Heritage Account.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Payments into Heritage Account","content":"### 6 Payments into Heritage Account\n\n> > (1)  For the purposes of [section 5(3)](#GS5@Gs3@EN) , the Hobart City Council is to establish an account to be known as the Heritage Account.\n> \n> > (2)  Any funds paid into the Heritage Account and any payments made from those funds are to be separately accounted for in the records required to be kept under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) .","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Payments into Heritage Fund","content":"### 7 Payments into Heritage Fund\n\n> > (1)  Any funds paid into the Heritage Fund under this Act must be applied for the provision of financial or other assistance for the purpose of the [Historic Cultural Heritage Act 1995](/view/html/inforce/2026-04-12/act-1995-117) .\n> \n> > (2)  Any funds paid into the Heritage Fund under this Act and any payments made from those funds are to be separately accounted for in the records required to be kept under [section 14A of the](/view/html/inforce/2026-04-12/act-1995-117#GS14A@EN) [Historic Cultural Heritage Act 1995](/view/html/inforce/2026-04-12/act-1995-117) .","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Indemnity for trustees","content":"### 8 Indemnity for trustees\n\n> > (1)  On and after the commencement day, no action may be instituted or continued against any person in respect of the administration or intended administration, in good faith, of the trusts arising from the trust deed.\n> \n> > (2)  Nothing in [subsection (1)](#GS8@Gs1@EN) prevents an action to compel a person to perform a duty imposed by this Act or, where appropriate, an action to enforce a right of redemption of any property that, immediately before the commencement day, was subject to any such trust.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Administration of Act","content":"### 9 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, Water and Environment; and\n> > \n> > > (b) the department responsible to the Minister for Primary Industries, Water and Environment in relation to the administration of this Act is the Department of Primary Industries, Water and Environment.","sortOrder":8}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Title/Long Title","severity":"medium","reasoning":"The fundamental purpose of a winding-up act is to terminate an entity and dissolve its affairs, after which the legislation itself should become spent or be repealed. An Act designed to wind up a fund that remains on the books and 'current' for over a quarter century suggests either the winding-up process has never concluded (making the Act ineffective at its core purpose) or the Act has been retained unnecessarily long after its operational purpose was exhausted.","confidence":0.72,"description":"A 'Winding-up' Act enacted in 1999 remains current and in force as of 2026 — approximately 27 years after its enactment. A winding-up statute, by its nature, contemplates a finite and time-limited process of dissolution, yet this Act persists as active legislation indefinitely."},{"type":"other","section":"Status Information — Currency of version","severity":"medium","reasoning":"If the National Trust Preservation Fund was being wound up from 1999, its affairs should have been concluded within a reasonable administrative timeframe. The need to amend or update the Act in 2017 implies either ongoing obligations under the Act or administrative complexity that contradicts the notion of a straightforward winding-up. This raises the question of whether the winding-up is perpetually incomplete.","confidence":0.65,"description":"The status information states the legislation is 'current from 5 September 2017 to date', implying the Act was substantively amended or consolidated as recently as 2017 — some 18 years after a fund 'winding-up' process began in 1999. Amending a winding-up act nearly two decades after the winding-up was initiated is logically inconsistent with the premise that the fund's affairs were being finalised."},{"type":"other","section":"Status Information — Authorisation","severity":"low","reasoning":"A gap between the legislative version date (2017) and the file modification date (2023) without explanation leaves ambiguity about whether the 2023 modification reflects a substantive legal change, a metadata update, or an administrative correction. For a statute underpinning a winding-up process, this ambiguity about the authoritative text is problematic, albeit potentially administrative rather than strictly legislative in nature.","confidence":0.55,"description":"The file was last modified on 24 August 2023, yet the version is stated as current 'from 5 September 2017 to date'. This creates an internal inconsistency: if the file was modified in 2023 but the legislative version has not changed since 2017, the nature and legal significance of the 2023 modification is entirely unclear."}],"contradictions":[{"severity":"medium","section_a":"Title — 'Winding-up Act 1999'","section_b":"Status Information — 'Version current from 5 September 2017 to date (accessed 3 April 2026)'","confidence":0.68,"description":"The Act's title asserts a 1999 winding-up purpose yet the legislation remains actively current and was substantively updated in 2017, contradicting the inherently terminal and time-limited nature of a winding-up legislative instrument."},{"severity":"low","section_a":"Status Information — 'File last modified 24 August 2023'","section_b":"Status Information — 'Version current from 5 September 2017 to date'","confidence":0.6,"description":"The file modification date of 24 August 2023 contradicts the stated legislative currency period commencing 5 September 2017, creating an unexplained discrepancy between the document's physical modification and its stated legal currency. If the modification were purely administrative, this should be clarified; if substantive, the version date should reflect 2023."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears to have remained consistent with its original intent — the closure and administrative wind-up of the National Trust Preservation Fund. No amendments appear to have materially altered the scope of the legislation, and its purpose as a winding-up mechanism is narrow and self-contained."},"complexity_factors":["Very narrow and specific purpose — limited to winding up a single fund","Insufficient legislative text provided to assess detailed transitional provisions or legal mechanisms","Winding-up legislation is generally straightforward in structure, dealing with asset transfer and liability discharge","No cross-jurisdictional complexity — purely a Tasmanian state law","The Act has been largely spent (its purpose is complete), reducing ongoing interpretive complexity"],"plain_english_summary":"This Act formally winds up the National Trust Preservation Fund in Tasmania, stopping its operations and dealing with remaining money and obligations. It affects the National Trust of Australia (Tasmania), past recipients of grants or loans, and taxpayers because public funds are redirected or returned.\n\nIt matters mainly to anyone with existing claims or arrangements with the Fund; otherwise it is a routine statutory clean-up with limited ongoing impact."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act's original, narrow winding-up purpose remains, but recorded amendments (No. 30 of 2017) modified definitions and eligibility: the definition of \"planning scheme\" was added and s5(3) was amended to make Heritage Account assistance explicitly available for places heritage-listed under a planning scheme as well as those on the Tasmanian Heritage Register (see amendment notes to s3 and s5). Otherwise the Act continues to revoke the trust and divide the Preservation Fund into the two specified destinations with the same high-level restrictions."},"complexity_factors":["Cross-references to other statutes (Historic Cultural Heritage Act 1995; Land Use Planning and Approvals Act 1993; Local Government Act 1993) increase interpretive burden (see s3, s5, s6, s7).","Ministerial discretion on the form and manner of transfers (s5(2)) creates practical flexibility but requires administrative judgement.","Distinct use and prohibition rules for each destination (s5(3)–(5); s7(1)) impose compliance constraints on recipients.","Requirement for separate accounting at both State (Heritage Fund) and local government (Heritage Account) levels raises bookkeeping and audit obligations (s6(2); s7(2)).","Indemnity for trustees against actions for good-faith administration narrows legal exposure but preserves enforcement for statutory duties and redemption rights (s8).","Limited scope and short text reduce legal complexity, but coordination across Minister, Department, Hobart City Council and Tasmanian Heritage Council introduces operational complexity (s5, s6, s7, s9).","Recorded amendments (No. 30 of 2017) altered definitions and eligibility criteria, requiring attention to legislative history (notes to s3 and s5)."],"plain_english_summary":"This Act winds up the National Trust Preservation Fund (Hobart): it revokes the trust deed, splits the Fund into two equal parts, and transfers one half to the Tasmanian Heritage Fund and the other half into a Hobart Heritage Account. It prescribes who administers those transfers and limits how each pot may be used (targeted assistance to heritage places; restrictions on administrative spending)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1999 Act created a narrow winding-up mechanism for a specific Hobart-based trust. The 2017 amendment expanded the scope of eligible heritage sites for the Heritage Account from only those on the Tasmanian Heritage Register to also include places listed under Hobart's planning scheme. This broadened the pool of potential beneficiaries from state-registered heritage sites to locally-listed heritage places, effectively widening the local purpose while maintaining the overall winding-up structure."},"complexity_factors":["Only 9 sections total, with straightforward sequential operation","7 defined terms in the interpretation section, all relating to specific entities or funds","Simple conditional logic: one trigger event (commencement day) sets off a chain of mandatory actions","Two cross-references to other Acts (Historic Cultural Heritage Act 1995 and Land Use Planning and Approvals Act 1993) for definitions, but these are standard machinery provisions","One substantive amendment incorporated (2017 changes to section 5(3)) that expanded the types of heritage listings eligible for Heritage Account funding","No nested exceptions or complex temporal provisions – all obligations are immediate and unconditional","Indemnity provision (section 8) contains standard carve-outs but these are clearly expressed"],"plain_english_summary":"**What this law does:**\n\nThis Act winds up (closes down) a special trust fund called the **National Trust Preservation Fund (Hobart)**. This fund was originally set up to protect heritage buildings and sites in Hobart, Tasmania.\n\n**Who it affects:**\n\n- **The Tasmanian Government** – specifically the Minister who must divide and transfer the money\n- **Hobart City Council** – which must set up and manage a new \"Heritage Account\"\n- **The Tasmanian Heritage Council** – which receives half the money into the existing Heritage Fund\n- **Former trustees** – who get legal protection (indemnity) for actions they took while managing the fund\n\n**What actually happens:**\n\n1. **The old trust is cancelled** – the legal arrangement that created the Preservation Fund is revoked on the day the Act starts\n2. **The money is split in half** – the Minister divides the fund into two equal parts:\n   - **Half goes to the Heritage Fund** – a statewide fund for heritage protection (but can't be used for certain administrative purposes)\n   - **Half goes to a new Heritage Account** – managed by Hobart City Council specifically for heritage sites in Hobart that are either:\n     - Listed under Hobart's planning scheme (local heritage protection), OR\n     - On the Tasmanian Heritage Register (state-level heritage protection)\n3. **Legal protection for former managers** – people who administered the old fund can't be sued for actions they took in good faith, though they still have to follow this Act and property rights can still be enforced\n\n**Why it matters:**\n\nThis is essentially a **tidying-up exercise**. Instead of having a separate standalone trust for Hobart heritage, the money is folded into existing government structures. It ensures heritage protection continues but under proper public accountability – the Heritage Account must be separately audited under local government laws, and the Heritage Fund under heritage laws. The 50/50 split recognises that Hobart's heritage has both local (city) and statewide significance."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/national-trust-preservation-fund-winding-up-act-1999","history":"/api/acts/national-trust-preservation-fund-winding-up-act-1999/history","analysis":"/api/acts/national-trust-preservation-fund-winding-up-act-1999/analysis","conflicts":"/api/acts/national-trust-preservation-fund-winding-up-act-1999/conflicts","importantCases":"/api/acts/national-trust-preservation-fund-winding-up-act-1999/important-cases","documents":"/api/acts/national-trust-preservation-fund-winding-up-act-1999/documents"}}