{"id":"tas:sr-2021-051","name":"Proclamation under the Corporations (Commonwealth Powers) Act 2001","slug":"proclamation-under-the-corporations-commonwealth-powers-act-2001","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"51 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182307,"registerId":"tas-tas:sr-2021-051-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Corporations (Commonwealth Powers) Act 2001","content":"> Proclamation under the Corporations (Commonwealth Powers) Act 2001\n\nI, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, by this my proclamation made under [section 7(1) of the](/view/html/inforce/2026-04-12/act-2001-039#GS7@Gs1@EN) [Corporations (Commonwealth Powers) Act 2001](/view/html/inforce/2026-04-12/act-2001-039) fix 15 July 2031 as the day on which both references under [section 5(1)](/view/html/inforce/2026-04-12/act-2001-039#GS5@Gs1@EN) of that Act terminate.\n\n12 July 2021\n\nC. WARNER\n\nGovernor\n\nBy Her Excellency's Command,\n\nELISE ARCHER\n\nMinister for Justice\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 14 July 2021\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No evidence of scope change from original intent. Proclamations under this Act are routine administrative instruments maintaining or reaffirming Tasmania's referral of corporations powers to the Commonwealth — consistent with the original purpose of the Corporations (Commonwealth Powers) Act 2001."},"complexity_factors":["Constitutional referral of legislative powers between state and federal governments adds a layer of legal abstraction","The document itself is minimal in content — primarily administrative/procedural rather than substantive","Understanding the purpose requires background knowledge of Australia's cooperative federalism and the constitutional basis for corporations law","The actual operative text of the Proclamation is not reproduced, limiting full analysis"],"plain_english_summary":"This Proclamation records Tasmania's formal referral of its corporations-law powers to the Commonwealth under the Corporations (Commonwealth Powers) Act 2001, enabling the national Corporations Act 2001 to operate in the state. It affects Tasmanian companies, directors, shareholders and creditors by keeping corporate regulation consistent with the national system. This version has been in force since 14 July 2021 (current as at April 2026)."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The access timestamp of 5 April 2026 is embedded in the currency statement, creating a temporal paradox: the document purports to describe its own future access date as a fixed fact within a static instrument. While this is likely a metadata artefact rather than a drafting error in the operative text, it creates a logical absurdity where the instrument appears to anticipate and record a specific future access event.","confidence":0.55,"description":"The version is stated to be 'current from 14 July 2021 to date (accessed 5 April 2026 at 16:14)', which references a future access date from the perspective of the file's last modification date of 14 July 2021."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A Proclamation is a formal exercise of executive power under the parent Act. Embedding a non-committal operational disclaimer ('usually updated') within the body of a legislative instrument conflates the legal instrument with administrative website metadata, which is not legally operative. This is not self-contradicting per se but represents a structural absurdity in the instrument's composition.","confidence":0.6,"description":"The statement that 'Legislation on this site is usually updated within 3 working days after a change to the legislation' appears within a Proclamation instrument itself rather than in extrinsic administrative guidance, creating a situation where a legally operative instrument makes a non-binding, probabilistic administrative promise about its own maintenance."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version (first instance)","section_b":"Status Information - Currency of version (repeated instance)","confidence":0.85,"description":"The document contains verbatim duplicated headings and content blocks throughout, including 'Status Information', 'Currency of version', 'Table of Amending Instruments', 'Responsible Minister and Department', and 'Authorisation'. Each section header appears to be duplicated at least twice, sometimes with slight title truncations (e.g., 'Proclamation under the Corpora' vs 'Proclamation under the Corporations (Commonwealth Powers) Act 2001')."},{"severity":"low","section_a":"Title block: 'Proclamation under the Corpora'","section_b":"Title block: 'Proclamation under the Corporations (Commonwealth Powers) Act 2001'","confidence":0.7,"description":"The title of the instrument appears in both a truncated form ('Proclamation under the Corpora') and a complete form in different parts of the same document. While almost certainly a rendering/metadata artefact, if treated as operative text these represent inconsistent descriptions of the instrument's own title, which could create ambiguity as to the full name of the instrument for citation purposes."}]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the function intended by the parent Act—setting a termination date for the referral of corporations powers. It does not expand or alter the scope of the original legislation."},"complexity_factors":["Very short document (under 200 words)","Only one substantive operative provision (fixing the termination date)","Single cross-reference to the enabling Act (section 7(1) and section 5(1))","No defined terms within the proclamation itself","No conditional logic or exceptions","Straightforward administrative action with clear legal effect"],"plain_english_summary":"This is a **Tasmanian government proclamation** (an official public announcement made by the Governor) that sets a specific date—**15 July 2031**—for when two legal references will expire.\n\n**What it does:**\n- The Corporations (Commonwealth Powers) Act 2001 is a Tasmanian law that refers certain corporate law matters to the Commonwealth (federal) Parliament under Australia's Constitution.\n- Section 5(1) of that Act contains two \"references\"—essentially, Tasmania handing over power to make laws about corporations to the federal government.\n- This proclamation fixes **15 July 2031** as the termination date for those references.\n\n**Who it affects:**\n- Primarily businesses, companies, and legal practitioners operating in Tasmania, as it affects which parliament (state or federal) has the power to regulate corporations in Tasmania from that date.\n- It also signals to the Commonwealth and other states when Tasmania intends to withdraw its referral of powers.\n\n**Why it matters:**\n- This is part of Australia's cooperative federalism arrangement for corporate regulation. Most states referred their corporations powers to the Commonwealth in 2001 to create uniform national company law.\n- By setting a termination date, Tasmania is giving notice that it intends to withdraw this referral, potentially creating a divergence between Tasmanian and national corporate law unless new arrangements are made.\n- The 10-year advance notice (proclaimed in 2021, terminating in 2031) provides time for negotiation between Tasmania and the Commonwealth about future corporate law arrangements."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The proclamation changes the temporal scope of the references under s 5(1) by fixing their termination on 15 July 2031. It does not add new subject-matter powers in this text; it only sets the end date for the existing references (see s 5(1) termination and s 7(1) authority)."},"complexity_factors":["Narrow, single-purpose action: the instrument only fixes a termination date for both references under s 5(1) (authority invoked under s 7(1))","Temporal separation: the proclamation sets a future effective date (15 July 2031), creating a long lead time between proclamation (12 July 2021) and termination that affects planning and transition","Legal cross-references required: understanding effect requires reading the Corporations (Commonwealth Powers) Act 2001 (s 5(1) and s 7(1))","Administrative formalities: publication and notification steps are recorded (Gazette notice; Rules Publication Act 1953 reference)","Potential downstream jurisdictional effects: while the instrument is procedural, its practical impact depends on how corporations-making powers are allocated after termination"],"plain_english_summary":"This proclamation fixes 15 July 2031 as the day on which both references under section 5(1) of the Corporations (Commonwealth Powers) Act 2001 terminate. It therefore ends the State's existing references of power to the Commonwealth under that section on that date. That matters for businesses, regulators and courts because it clarifies which level of government holds the referenced corporations-making power after 15 July 2031."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-corporations-commonwealth-powers-act-2001","history":"/api/acts/proclamation-under-the-corporations-commonwealth-powers-act-2001/history","analysis":"/api/acts/proclamation-under-the-corporations-commonwealth-powers-act-2001/analysis","conflicts":"/api/acts/proclamation-under-the-corporations-commonwealth-powers-act-2001/conflicts","importantCases":"/api/acts/proclamation-under-the-corporations-commonwealth-powers-act-2001/important-cases","documents":"/api/acts/proclamation-under-the-corporations-commonwealth-powers-act-2001/documents"}}