{"id":"tas:act-2008-029","name":"Tamar Valley Power Station Act 2008","slug":"tamar-valley-power-station-act-2008","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"29 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":63127,"registerId":"tas-act-2008-029-current","compilationNumber":null,"startDate":"2026-04-02","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 [Tamar Valley Power Station Act 2008](/view/html/inforce/2026-04-12/act-2008-029) .","sortOrder":1},{"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":2},{"sectionNumber":"3","sectionType":"section","heading":"Purposes of Act","content":"### 3 Purposes of Act\n\n> The purposes of this Act are to –\n> \n> > > (a) provide for Aurora Energy and any subsidiary of Aurora Energy to acquire and take a transfer of shares in the Company and assets, rights or liabilities related to the Tamar Valley Project; and\n> > \n> > > (b) provide for the future sale of shares in the Company and assets, rights or liabilities related to the Tamar Valley Project; and\n> > \n> > > (c) amend the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) to allow the transfer of assets and liabilities between Government businesses.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"### 4 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***asset*** has the same meaning as in [section 10A](/view/html/inforce/2026-04-12/act-1995-022#GS10A@EN) of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) ;\n> \n> > ***Aurora Energy*** means Aurora Energy Pty Ltd (ABN 85 082 464 622);\n> \n> > ***Babcock and Brown Power*** means Babcock and Brown Power Limited (ABN 67 116 665 608);\n> \n> > ***Bell Bay Power Station*** means the two existing 120 megawatt gas-fired thermal generating units with steam turbines located at Bell Bay;\n> \n> > ***Company*** means Alinta Energy (Tamar Valley) Pty Ltd (ABN 29 123 391 613);\n> \n> > ***liability*** has the same meaning as in [section 10A](/view/html/inforce/2026-04-12/act-1995-022#GS10A@EN) of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) ;\n> \n> > ***members of Aurora Energy*** means the Minister and the Treasurer;\n> \n> > ***Minister*** means the Minister administering the [Energy Co-ordination and Planning Act 1995](/view/html/inforce/2026-04-12/act-1995-047) ;\n> \n> > ***right*** has the same meaning as in [section 10A](/view/html/inforce/2026-04-12/act-1995-022#GS10A@EN) of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) ;\n> \n> > ***subsidiary*** has the same meaning as in the Corporations Act;\n> \n> > ***Tamar Valley Power Station*** means the power station to be constructed by the Company, including the planned new 203 megawatt combined cycle gas turbine, the three existing 35 megawatt open cycle gas turbines, the planned new 60 megawatt open cycle gas turbine and all ancillary plant, equipment and facilities;\n> \n> > ***Tamar Valley Project*** means the Tamar Valley Power Station, the Bell Bay Power Station, the land on which the Tamar Valley Power Station and the Bell Bay Power Station are located and all ancillary plant, equipment and facilities.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Purchase of Company","content":"# Part 2 Purchase of Company","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Power to purchase Company","content":"### 5 Power to purchase Company\n\n> > (1)  The members of Aurora Energy may give written directions to Aurora Energy requiring the Board of Aurora Energy to do all things necessary to enable Aurora Energy or a subsidiary of Aurora Energy to purchase, and take a transfer from Babcock and Brown Power and its subsidiaries of, all or any of the following:\n> > \n> > > > (a) shares in the Company;\n> > > \n> > > > (b) assets, rights or liabilities related to the Tamar Valley Project.\n> \n> > (2)  The Board of Aurora Energy must comply with any direction given under [subsection (1)](#GS5@Gs1@EN) .\n> \n> > (3)  Any tax, duty, fee or charge under any law of Tasmania is not payable in respect of the purchase by Aurora Energy or any subsidiary of Aurora Energy, or the transfer to Aurora Energy or any subsidiary of Aurora Energy, of any shares in the Company or any assets, rights or liabilities related to the Tamar Valley Project.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Power to operate generation assets","content":"### 6 Power to operate generation assets\n\n> Notwithstanding anything in the [Electricity Companies Act 1997](/view/html/inforce/2026-04-12/act-1997-069) , on the purchase by Aurora Energy or any subsidiary of Aurora Energy, or the transfer to Aurora Energy or any subsidiary of Aurora Energy, of any shares in the Company or any assets, rights or liabilities related to the Tamar Valley Project, Aurora Energy, that subsidiary and the Company may have as one or more of their purposes the activity of generation of electricity using the assets of the Tamar Valley Project.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Sale of Company","content":"# Part 3 Sale of Company","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Aurora Energy may sell Company","content":"### 7 Aurora Energy may sell Company\n\n> Subject to the approval of the members of Aurora Energy, Aurora Energy and any subsidiary of Aurora Energy may sell or transfer its shares in the Company and any assets, rights or liabilities related to the Tamar Valley Project.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Directions to Board of Aurora Energy","content":"### 8 Directions to Board of Aurora Energy\n\n> > (1)  The members of Aurora Energy may give written directions to the Board of Aurora Energy requiring Aurora Energy to sell or transfer, or to require a subsidiary of Aurora Energy to sell or transfer, its shares in the Company or any assets, rights or liabilities related to the Tamar Valley Project.\n> \n> > (2)  The Board of Aurora Energy must comply with any direction given under [subsection (1)](#GS8@Gs1@EN) .","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Provisions of  Electricity Companies Act 1997  do not apply","content":"### 9 Provisions of  Electricity Companies Act 1997  do not apply\n\n> > (1)  The provisions of the [Electricity Companies Act 1997](/view/html/inforce/2026-04-12/act-1997-069) do not apply in relation to the sale or transfer by Aurora Energy or any subsidiary of Aurora Energy of any shares in the Company or any assets, rights or liabilities related to the Tamar Valley Project.\n> \n> > (2)  The members of Aurora Energy may by special resolution alter, add to or omit a provision of the constitution of Aurora Energy in order to reflect the purpose referred to in [section 6](#GS6@EN) , and that resolution has immediate effect in accordance with its terms notwithstanding the provisions of the [Electricity Companies Act 1997](/view/html/inforce/2026-04-12/act-1997-069) .","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Proceeds of sale","content":"### 10 Proceeds of sale\n\n> [*\\[Section 10 Amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja118@GC1@EN) Aurora Energy is to return to the Public Account the net proceeds from the sale of any shares in the Company or any assets, rights or liabilities related to the Tamar Valley Project.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Government Business Enterprises Act 1995 Amended","content":"# Part 4 Government Business Enterprises Act 1995 Amended\n\n*\n\n**11.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) .\n\n**\n\n**12.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) .\n\n**\n\n**13.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) .\n\n**\n\n**14.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) .\n\n*","sortOrder":13},{"sectionNumber":"11.","sectionType":"section","heading":null,"content":"### 11.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) .","sortOrder":14},{"sectionNumber":"12.","sectionType":"section","heading":null,"content":"### 12.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) .","sortOrder":15},{"sectionNumber":"13.","sectionType":"section","heading":null,"content":"### 13.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) .","sortOrder":16},{"sectionNumber":"14.","sectionType":"section","heading":null,"content":"### 14.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) .","sortOrder":17},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Administration of Act","content":"### 15 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 Treasurer; and\n> > \n> > > (b) the department responsible to the Treasurer in relation to the administration of this Act is the Department of Treasury and Finance.","sortOrder":19}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act originally authorises acquisition, operation and disposal of Tamar Valley assets (s3–s7). A later amendment to section 10 (noted in the text) requires Aurora to return net sale proceeds to the Public Account, altering the fiscal disposition of sale receipts and thus the Act’s financial effect. Part 4 also records that consequential amendments have been incorporated into the Government Business Enterprises Act 1995, changing how transfers between government businesses operate in practice (s10; Part 4)."},"complexity_factors":["Interlocks with other statutes for key terms: several definitions refer to the Government Business Enterprises Act 1995 (s4 referencing s10A) and the Corporations Act, requiring cross‑statute reading to interpret scope.","Centralised direction and mandatory compliance: members (Minister and Treasurer) may give written directions to Aurora and the Board must comply, concentrating decision authority (s4, s5(1)–(2), s8).","Fiscal rule for proceeds: net sale proceeds must be returned to the Public Account (amended s10), changing budgetary outcome of any future disposals.","Statutory exemptions and overrides: transfers are exempt from Tasmanian taxes/duties (s5(3)); the Act disapplies parts of the Electricity Companies Act 1997 and permits constitution changes by special resolution (s6, s9).","Embedded amendments: Part 4 notes that amendments are incorporated into the authorised version of the Government Business Enterprises Act 1995, which affects transfer and asset/liability rules via another Act.","Operational scope defined by technical descriptions: the Tamar Valley Project and plant are defined in detail (s4), requiring factual matching to asset registers for application.","Administrative assignment: until administrative arrangements change, the Treasurer and the Department of Treasury and Finance administer the Act, creating a single departmental owner for implementation (s15).","Low procedural complexity but reliant on external transactions: the statute sets powers and financial rules but leaves transaction timing, valuation and sale terms to executive decision, requiring commercial processes not spelled out in the Act (s5–s9)."],"plain_english_summary":"This Act authorises Aurora Energy (a government enterprise) or its subsidiaries to acquire from Babcock and Brown Power shares, assets, rights or liabilities connected to the Tamar Valley Project, to operate the generation assets, and to sell them later. Members (the Minister and the Treasurer) can direct the Aurora board and the board must comply, transfers are exempt from Tasmanian taxes and duties, and net sale proceeds are to be returned to the Public Account (s3–6, s5(1)–(3), s7, s10, s15)."},"issue_detection":{"absurdities":[],"contradictions":[]},"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":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the acquisition, temporary ownership, and eventual divestment of the Tamar Valley Power Station assets by Aurora Energy. The 2017 amendment (noted in section 10) merely clarified that sale proceeds go to the Public Account, which is consistent with the original intent of ensuring government accountability for the transaction. No significant scope creep has occurred."},"complexity_factors":["Short statute with only 15 sections across 5 Parts","Minimal conditional logic — most provisions are direct powers or straightforward obligations","11 defined terms in section 4, most referencing external legislation (Corporations Act, Government Business Enterprises Act 1995) rather than creating complex bespoke definitions","Simple structure: preliminary matters → purchase powers → sale powers → amendments to other Acts → administration","No nested exceptions or multi-layered provisos; section 9 contains a straightforward exemption from the Electricity Companies Act 1997","Cross-references are limited and functional (mainly to the Government Business Enterprises Act 1995 and Electricity Companies Act 1997)","Part 4 (sections 11-14) is essentially a placeholder noting that amendments have been incorporated into the authorised version of another Act — no operative text remains"],"plain_english_summary":"**What this law does:**\n\nThis Act is a **Tasmanian law** that lets the state-owned energy company **Aurora Energy** buy, own, and later sell a major power station project in the Tamar Valley (near Launceston). It also tweaks other laws to make these transactions easier.\n\n**Key things it allows:**\n\n*   **Buying the power station:** The Treasurer and Energy Minister (together called the \"members of Aurora Energy\") can order Aurora Energy to buy shares in a company called **Alinta Energy (Tamar Valley) Pty Ltd**, along with any related assets or debts. This company owns the **Tamar Valley Power Station** (a gas-fired power plant) and the older **Bell Bay Power Station**.\n*   **Tax breaks:** When Aurora buys these shares or assets, **no Tasmanian taxes, stamp duty, or fees apply** — saving the government money on the purchase.\n*   **Operating the plant:** Normally, Aurora Energy (a retailer) couldn't own power generation assets due to rules in the *Electricity Companies Act 1997*. This Act **overrides those rules**, letting Aurora generate electricity using these assets.\n*   **Selling it later:** Aurora can sell the power station later, but only with approval from the Minister and Treasurer. The money from any sale must go back to the state's **Public Account** (the government's main bank account).\n*   **Changing other laws:** It amends the *Government Business Enterprises Act 1995* to make it easier to shift assets and debts between government businesses.\n\n**Who it affects:**\n\n*   **Aurora Energy** — the state-owned electricity retailer, which gets new powers and obligations.\n*   **The Tasmanian Government** — specifically the Treasurer and Energy Minister, who control the decisions.\n*   **Babcock and Brown Power** — the original owner selling the assets (at the time the law was made).\n*   **Tasmanian electricity consumers** — indirectly, as this affects who owns and operates significant generation capacity in the state.\n\n**Why it matters:**\n\nThis was an **emergency-style acquisition law**. It allowed the Tasmanian Government to step in and buy a major private power station project when the original owner (Babcock and Brown) ran into financial trouble during the 2008 Global Financial Crisis. It gave the government flexibility to secure energy infrastructure quickly, operate it temporarily, and eventually sell it to a new private owner — all while bypassing normal regulatory hurdles and taxes."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The existence of a table of amending instruments and a version date of 1 July 2019 (well after the 2008 enactment) indicates the Act has been amended over time, suggesting its scope or provisions have been modified from the original. This is consistent with changes in Tasmania's energy landscape, including decisions about the station's operational status — the Tamar Valley Power Station was mothballed around 2015 and later decommissioned, which likely prompted legislative amendments to reflect the changed circumstances of the asset."},"complexity_factors":["Specialised subject matter relating to energy infrastructure law","Intersects with broader Tasmanian electricity market regulation and national energy frameworks","Likely involves state-owned entity governance provisions (Hydro Tasmania)","Full operative provisions were not available for review, limiting complete analysis","Has been amended since original enactment (amendments table referenced), suggesting evolving scope","Energy law often requires understanding of technical and commercial electricity market concepts"],"plain_english_summary":"The Tamar Valley Power Station Act 2008 establishes the legal framework for the Tamar Valley gas-fired power station in northern Tasmania, governing its ownership, operation, and the government's powers and obligations relating to the asset. It affects Tasmanian electricity consumers, Hydro Tasmania, regulators and local communities by underpinning a thermal backup to the State’s hydro-dependent system. The Act matters for energy security and accountability during low-water (drought) periods."}},"importantCases":[],"_links":{"self":"/api/acts/tamar-valley-power-station-act-2008","history":"/api/acts/tamar-valley-power-station-act-2008/history","analysis":"/api/acts/tamar-valley-power-station-act-2008/analysis","conflicts":"/api/acts/tamar-valley-power-station-act-2008/conflicts","importantCases":"/api/acts/tamar-valley-power-station-act-2008/important-cases","documents":"/api/acts/tamar-valley-power-station-act-2008/documents"}}