{"id":"tas:sr-2005-137","name":"Proclamation under the Corporations (Commonwealth Powers) Act 2001","slug":"tas-sr-2005-137","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"137 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":317727,"registerId":"tas-tas:sr-2005-137-current","compilationNumber":null,"startDate":"2026-04-08","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 2011 as the day on which both the references under [section 5(1)](/view/html/inforce/2026-04-12/act-2001-039#GS5@Gs1@EN) of that Act terminate.\n\n12 December 2005\n\nW. J. E. COX\n\nGovernor\n\nBy His Excellency's Command,\n\nJUDY JACKSON\n\nMinister for Justice and Industrial Relations\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 21 December 2005\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a straightforward procedural instrument exercising a specific power under section 7(1) of the enabling Act to fix a termination date. It does exactly what the parent Act contemplated and contains no expansion of scope."},"complexity_factors":["Single operative provision fixing a date","No defined terms within the instrument itself","No cross-references to other legislation beyond the basic enabling Act citation","No conditional logic or exceptions","Extremely short (one substantive sentence)","Standard proclamation format with ceremonial language only"],"plain_english_summary":"**What this is:** A formal announcement (proclamation) made by the Governor of Tasmania back in 2005.\n\n**What it does:** It sets a specific end date (15 July 2011) for Tasmania's referral of corporate law powers to the Commonwealth. \n\n**Background you need:** Under Australia's Constitution, the Commonwealth (federal government) has limited powers to make laws about companies. To create a single national corporations law, the states had to \"refer\" (hand over) their powers to the Commonwealth. Tasmania did this through the *Corporations (Commonwealth Powers) Act 2001*. \n\nThis proclamation is essentially Tasmania giving notice that it wants its powers back after a certain date—terminating the referral that let the federal government make corporations laws applying in Tasmania.\n\n**Who it affects:** \n- **Businesses and companies operating in Tasmania**—because it affects which parliament (state or federal) can regulate them\n- **Corporate lawyers and regulators**—who need to know which legal framework applies\n\n**Why it matters:** This is part of the constitutional machinery that allows (or stops) the Commonwealth from regulating corporations in Tasmania. If the referral terminates, the Commonwealth's corporations law might not apply in Tasmania anymore, potentially creating a gap or requiring Tasmania to pass its own corporate laws."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation appears to serve its original and narrow purpose: commencing or giving effect to Tasmania's referral of corporations powers to the Commonwealth under the pre-existing Corporations (Commonwealth Powers) Act 2001. There is no indication of scope expansion or contraction from its original intent."},"complexity_factors":["The instrument itself contains minimal substantive content — it is a short administrative proclamation with no complex operative provisions","Understanding its purpose requires background knowledge of constitutional law and the cooperative federal scheme for corporations regulation","The document as provided is largely metadata and formatting rather than substantive legal text, limiting detailed analysis"],"plain_english_summary":"This Proclamation brought Tasmania’s referral of corporations powers under the Corporations (Commonwealth Powers) Act 2001 into effect on 21 December 2005, formally placing Tasmanian companies, directors, shareholders and creditors under the national Corporations Act 2001 (Cth). It’s the administrative step that lets the unified, federal corporations law operate in Tasmania, ensuring consistent rules for businesses."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"While not strictly a legislative logical flaw, the currency claim extending to 2026 combined with a last modification date of 2018 suggests either the legislation genuinely has not changed (acceptable) or the currency tracking mechanism is unreliable. For a proclamation under a referral of powers instrument, any gap in currency could have constitutional significance regarding the scope of referred powers.","confidence":0.45,"description":"The legislation states it is 'current from 21 December 2005 to date (accessed 8 April 2026 at 2:41)' while also stating 'File last modified 13 August 2018'. This creates a temporal inconsistency where the file has not been modified since 2018 yet is presented as current to 2026, raising questions about whether any changes between 2018 and 2026 are captured."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"Legislative proclamations are static instruments. The metadata purports to record a specific access moment (8 April 2026 at 2:41) as if it is a live system timestamp, but the file was last modified in 2018. This is a metadata/publication system issue rather than a substantive legislative flaw, but it undermines evidentiary reliability of the version currency claim.","confidence":0.4,"description":"The access timestamp references '8 April 2026', which is a future date relative to plausible drafting contexts, yet is presented as a historical access record. A proclamation instrument presenting future dates as current access timestamps is internally inconsistent as a static legal document cannot dynamically record future access events."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version ('current from 21 December 2005 to date')","section_b":"Status Information - Authorisation ('File last modified 13 August 2018')","confidence":0.5,"description":"The document simultaneously claims currency 'to date' (implying continuous updates through 2026) and that the file was last modified on 13 August 2018. If the file has not been modified since 2018, the 'to date' currency claim is misleading, as it implies active maintenance and verification of current status through the access date."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The proclamation ends the operation of the references made under s5(1) as of 15 July 2011, thereby removing the Commonwealth legislative authority that depended on those references. The decision was made by the Governor with the advice of the Executive Council under s7(1), and the practical legal scope of laws reliant on those references ceases on the fixed date (see s5(1), s7(1))."},"complexity_factors":["Single, discrete operative act: fixes a termination date for references under s5(1).","Legal cross-references: relies on interpretation of s5(1) (the references) and s7(1) (Governor’s proclamation power).","Temporal gap: proclamation dated 12 Dec 2005 sets a termination in 2011, creating a forward-looking change in legal authority.","Low administrative complexity: formal executive decision with Gazette notification; no new regulatory regime created.","Limited compliance burden: termination alters the legal source of powers rather than imposing new duties on private parties."],"plain_english_summary":"This proclamation, made by the Governor of Tasmania under s7(1) of the Corporations (Commonwealth Powers) Act 2001, fixes 15 July 2011 as the day the references of power in s5(1) terminate. It affects the Commonwealth and Tasmanian governments and any persons governed by laws made under those references by removing the Commonwealth’s referential authority on that date; the Executive Council advised the Governor and the action was published in the Gazette."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2005-137","history":"/api/acts/tas-sr-2005-137/history","analysis":"/api/acts/tas-sr-2005-137/analysis","conflicts":"/api/acts/tas-sr-2005-137/conflicts","importantCases":"/api/acts/tas-sr-2005-137/important-cases","documents":"/api/acts/tas-sr-2005-137/documents"}}