{"id":"tas:act-2016-019","name":"Occupational Licensing National Law Repeal Act 2016","slug":"occupational-licensing-national-law-repeal-act-2016","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"19 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176816,"registerId":"tas-tas:act-2016-019-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 [Occupational Licensing National Law Repeal Act 2016](/view/html/inforce/2026-04-12/act-2016-019) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which the [Occupational Licensing National Law Act 2010](/view/html/inforce/2026-04-12/act-2016-019) of Victoria is repealed, but if this Act does not receive the Royal Assent by that day it is taken to have commenced on that day.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act –\n> \n> > ***Occupational Licensing National Law (Tasmania)*** means the provisions applying in this jurisdiction by virtue of section 4 of the [Occupational Licensing National Law Act 2011](/view/html/inforce/2026-04-12/act-2011-006) ;\n> \n> > ***repeal day*** means the day on which the [Occupational Licensing National Law Act 2010](/view/html/inforce/2026-04-12/act-2016-019) of Victoria is repealed.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Repeal of Occupational Licensing National Law (Tasmania)","content":"### 4 Repeal of Occupational Licensing National Law (Tasmania)\n\n> > (1)  The Occupational Licensing National Law (Tasmania) is repealed.\n> \n> > (2)  Any records, within the meaning of the [Archives Act 1983](/view/html/inforce/2026-04-12/act-1983-076) , made under the Occupational Licensing National Law (Tasmania) in respect of this State are, on the repeal day, transferrable to the Department of Treasury and Finance and the [Archives Act 1983](/view/html/inforce/2026-04-12/act-1983-076) applies to those records as if the records were State records within the meaning of that Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Regulations","content":"### 5 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  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> > (3)  The regulations may –\n> > \n> > > > (a) provide for savings or transitional matters necessary or expedient for bringing this Act into operation; and\n> > > \n> > > > (b) provide for any of those savings or transitional matters to have retrospective effect from the repeal day or from a specified later day, whether the day so specified is before, on or after the day on which the regulations are made.\n> \n> > (4)  A regulation made under [subsection (1)](#GS5@Gs1@EN) may not have retrospective effect if the regulation –\n> > \n> > > > (a) affects, in a manner prejudicial to any person (other than the State or an authority of the State), a right of that person that existed at the time the regulation is to take effect; or\n> > > \n> > > > (b) imposes a liability on any person (other than the State or an authority of the State) in respect of anything validly done or omitted to be done before the regulation takes effect.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Administration of Act","content":"### 6 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 Building and Construction; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Justice.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Legislation repealed","content":"### 7 Legislation repealed\n\n> The legislation specified in [Schedule 1](#JS1@EN) is repealed.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Legislation revoked","content":"### 8 Legislation revoked\n\n> The legislation specified in [Schedule 2](#JS2@EN) is revoked.","sortOrder":7},{"sectionNumber":"SCHEDULE 1 - Legislation repea","sectionType":"part","heading":"SCHEDULE 1 - Legislation repealed","content":"# SCHEDULE 1 - Legislation repea SCHEDULE 1 - Legislation repealed\n\n[Section 7](#GS7@EN)\n\n| Occupational Licensing National Law Act 2011 (No. 6 of 2011) |","sortOrder":8},{"sectionNumber":"SCHEDULE 2 - Legislation revok","sectionType":"part","heading":"SCHEDULE 2 - Legislation revoked","content":"# SCHEDULE 2 - Legislation revok SCHEDULE 2 - Legislation revoked\n\n[Section 8](#GS8@EN)\n\n| Proclamation under the Occupational Licensing National Law Act 2011 (No. 137 of 2011) |","sortOrder":9}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. This Act reverses the earlier legislative decision to apply the Occupational Licensing National Law in Tasmania by repealing that application (s 4; Sch 1). The original intent of the earlier legislation was to adopt a national occupational-licensing framework for Tasmania; this repeal removes that national-law coverage and returns responsibility for records and transitional arrangements to State authorities (s 4(2); s 6). Practically, the scope of regulation shifts from a national model back to State administration, with the Governor authorised to make transitional regulations to effect that shift (s 5). The Act therefore materially changes the regulatory scope compared with the earlier adoption of the national law by terminating its effect in this jurisdiction and enabling a state-managed transition."},"complexity_factors":["Short length: 8 substantive sections plus 2 schedules (repeal and revocation)","Only 2 defined terms in the Act (\"Occupational Licensing National Law (Tasmania)\" and \"repeal day\") (s 3)","Cross-references to multiple external Acts (Occupational Licensing National Law Act 2010 (Vic), Archives Act 1983, Administrative Arrangements Act 1990) introduce external complexity (ss 2, 3, 4, 6)","Regulation power with conditional retrospective effect and explicit non-prejudicial limitation creates some legal nuance (s 5(1)–(4))","Commencement is tied to repeal in another jurisdiction (Victoria), producing conditional timing complexity (s 2)","Schedules perform single discrete functions (repeal of the 2011 Act and revocation of a proclamation) rather than layered qualifications"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Repeals the Occupational Licensing National Law as it applied in Tasmania (the national scheme that previously governed certain occupational licences in the State) (s 4(1); Sch 1).\n\n- Transfers records created under that national law in respect of Tasmania to the Department of Treasury and Finance on the day the Victorian Occupational Licensing National Law Act 2010 is repealed (the “repeal day”), and treats those transferred records as State records under the Archives Act 1983 (s 4(2)).\n\n- Gives the Governor power to make regulations necessary for bringing this repeal into operation, including savings and transitional provisions, and allows some of those transitional measures to have retrospective effect from the repeal day (s 5(1)–(3)). The regulations cannot retrospectively harm a person’s existing rights or impose liabilities for past lawful actions (s 5(4)).\n\n- Temporarily assigns administration of the Act to the Minister for Building and Construction and the Department of Justice until a different administrative arrangement is made under the Administrative Arrangements Act 1990 (s 6).\n\n- Formally repeals the state legislation that applied the national law (Occupational Licensing National Law Act 2011) and revokes a proclamation made under that Act (s 7; s 8; Schs 1–2).\n\n**Who is affected**\n\n- Individuals and businesses who were regulated under the Occupational Licensing National Law (Tasmania). Their licensing regime will cease to operate as the national law is repealed in this State (s 4(1); Sch 1).\n\n- The Department of Treasury and Finance, which will receive the administrative records created under the national scheme for Tasmania (s 4(2)).\n\n- The State government (Minister for Building and Construction and Department of Justice) which is temporarily responsible for administering the repeal and for any transitional arrangements until administrative responsibility is formally reallocated (s 6).\n\n- Anyone who relies on retrospective transitional regulations: those regulations may be made, but they are limited so they cannot take away existing rights or impose new liabilities for past acts (s 5(3)–(4)).\n\n**Why this matters (practical effects and mechanics)**\n\n- Regulatory regime change: licences, approvals, compliance processes, fees and enforcement formerly governed by the national law will need a replacement legal and administrative framework at state level or by some other arrangement. That can require reissuing licences, changing application processes, or migrating records into new systems (s 4; s 5).\n\n- Administrative and compliance costs: businesses and workers who were subject to the national licensing arrangements may face costs to adapt to the State’s replacement processes (administrative load, possible duplication, timing uncertainty) and must monitor transitional regulations the Governor may make (s 5).\n\n- Record custody and access: records become State records and fall under the Archives Act, shifting who holds them and how they are managed (s 4(2)).\n\n- Legal safety valve for transition: the Governor may make retrospective transitional regulations to smooth the change, but there is an explicit limit preventing regulations that are prejudicial to existing rights or that create retrospective liabilities for private persons (s 5(3)–(4)). That reduces some legal risk for licence-holders from retroactive rule changes.\n\n**Official purpose-claims and testing them against trade-offs**\n\n- Official claim (implicit in the text): to remove the Occupational Licensing National Law from operation in Tasmania and provide legal and administrative pathways to wind down or transition away from that national scheme (s 1–4; Schs 1–2).\n\n- Trade-offs and costs to check against that claim:\n  - Who pays: affected licence-holders and businesses bear practical costs of any re-licensing, administrative changes, or temporary uncertainty; the State bears the cost of administering the transition and integrating records into State systems (s 4; s 6).\n  - Incentives and behaviour: businesses may delay investment or change workforce arrangements while licensing status is uncertain; some providers may exit or enter depending on how the replacement regime is designed (s 5).\n  - Implementation risk: gaps in regulatory coverage, timing mismatches between repeal and replacement rules, or unclear transitional processes can create legal uncertainty for regulated parties (s 5(1)–(3)).\n  - Bureaucratic discretion: the Governor’s regulation-making power to set savings and transitional matters concentrates significant practical discretion in the executive during transition; limits exist to prevent prejudicial retrospective effects (s 5(1)–(4)).\n  - Opportunity cost: the State must allocate administrative resources (Department of Justice; Department of Treasury and Finance) to manage the repeal, record transfer and any re-establishment of licensing arrangements (s 4(2); s 6).\n\n**Concrete behavioural changes the Act forces or enables**\n\n- Cease operating under the national Occupational Licensing framework (s 4(1); Sch 1).\n- Prepare for records transfer and new record-keeping rules under the Archives Act (s 4(2)).\n- Watch for and comply with transitional regulations made by the Governor, subject to protections against prejudicial retrospective effect (s 5).\n- Deal with state-level administrative arrangements while the Minister for Building and Construction and Department of Justice manage the repeal (s 6).\n\n**Key sections cited:** repeal of the national law and record transfer (s 4; Sch 1); regulation-making and limits on retrospective effect (s 5); temporary administration assignment (s 6); formal repeal and revocation (s 7–8; Schs 1–2)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act does exactly what its title states — it repeals the Occupational Licensing National Law in Tasmania. There is no indication the scope shifted from its original intent. It is a narrow, targeted repeal instrument."},"complexity_factors":["The Act is a simple repeal — it removes an existing law rather than creating new obligations or frameworks","Very short in length with minimal operative provisions","No transitional arrangements or exceptions are visible in the available text","The main complexity lies in understanding the background policy context (the failed national licensing scheme), not the Act's own provisions"],"plain_english_summary":"This Act repeals the Occupational Licensing National Law as it applied in Tasmania, ending Tasmania’s participation in the national, cross‑state licensing scheme for certain trades and licensed workers. \n\nThe change affects tradespeople, employers and regulators: licences recognised nationally no longer apply in Tasmania, so workers and businesses must follow Tasmania’s state licensing rules, increasing administrative burden for those operating across state borders."},"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: repealing the Occupational Licensing National Law in Tasmania. There is no scope creep or expansion beyond the straightforward purpose of exiting the national scheme and cleaning up associated statutes."},"complexity_factors":["Very short statute (8 sections plus 2 schedules)","Only 2 defined terms in the interpretation section","Single operative provision (section 4) with straightforward repeal mechanism","Minimal cross-referencing limited to commencement trigger and records management","Standard regulation-making powers with conventional retrospective limitations","No nested exceptions or conditional logic beyond the contingent commencement date"],"plain_english_summary":"**What this legislation does**\n\nThis Act is a **cleanup law** that removes Tasmania's version of the Occupational Licensing National Law from the statute books.\n\n**Background you need to know**\n\nAustralia has a system called \"national law\" where states pass identical laws to create consistent rules across the country. Tasmania previously adopted the *Occupational Licensing National Law* through its own *Occupational Licensing National Law Act 2011*. However, Victoria decided to repeal its version of this national law. Since the whole point of a national scheme is that all states participate, Tasmania is now pulling out too.\n\n**What actually happens**\n\n- **The main event**: Tasmania's *Occupational Licensing National Law* is repealed (cancelled) on the same day Victoria repeals its equivalent law\n- **Records**: Any official records created under the old law get transferred to the Department of Treasury and Finance and become proper State archives\n- **Housekeeping**: The Act that originally brought the national law into Tasmania (*Occupational Licensing National Law Act 2011*) is repealed, along with a related proclamation\n- **Regulations**: The government can make rules to manage the transition smoothly, with some limits on retrospective penalties\n\n**Who it affects**\n\nPrimarily government agencies managing the transition. For everyday Tasmanians, this removes a layer of occupational licensing regulation that was part of a failed national harmonisation attempt.\n\n**Why it matters**\n\nThis is an **exit mechanism** from a national scheme that didn't work out. Rather than leaving orphaned legislation on the books, Tasmania is formally unwinding its participation and tidying up the legal framework."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/occupational-licensing-national-law-repeal-act-2016","history":"/api/acts/occupational-licensing-national-law-repeal-act-2016/history","analysis":"/api/acts/occupational-licensing-national-law-repeal-act-2016/analysis","conflicts":"/api/acts/occupational-licensing-national-law-repeal-act-2016/conflicts","importantCases":"/api/acts/occupational-licensing-national-law-repeal-act-2016/important-cases","documents":"/api/acts/occupational-licensing-national-law-repeal-act-2016/documents"}}