{"id":"tas:sr-2011-029","name":"Proclamation under the Corporations (Commonwealth Powers) Act 2001","slug":"tas-sr-2011-029","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"29 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314595,"registerId":"tas-tas:sr-2011-029-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 2016 as the day on which both of the references under [section 5(1)](/view/html/inforce/2026-04-12/act-2001-039#GS5@Gs1@EN) of that Act terminate.\n\n20 April 2011\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nDAVID BARTLETT\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 27 April 2011\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation performs a narrow, defined function — activating Tasmania's referral of corporations power to the Commonwealth — consistent with its original purpose under the Corporations (Commonwealth Powers) Act 2001. There is no evidence of scope change; it has remained in force without alteration since 27 April 2011."},"complexity_factors":["The document itself is procedural and contains minimal substantive legal content — it is a commencement/activation instrument rather than a detailed regulatory regime","Constitutional context (federal referral of powers under s51(xxxvii) of the Constitution) adds a layer of background complexity for those unfamiliar with Australian federalism","The actual text available is largely administrative metadata rather than operative legal provisions, making full analysis difficult","No complex definitions, penalties, obligations, or exceptions are present in the available text"],"plain_english_summary":"Tasmania's Proclamation activates the state's referral of corporations power to the Commonwealth, bringing Tasmania under the national Corporations Act 2001. That means companies, directors and advisors in Tasmania are regulated by a single federal regime (ASIC-administered) rather than separate state laws. This formal step completed Tasmania’s handover of constitutional authority and has been in effect since 27 April 2011."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the function intended by the parent Act—fixing a date for termination of references. There is no scope creep or expansion beyond the original statutory purpose."},"complexity_factors":["Very short document (under 200 words)","Only one substantive operative provision (fixing the termination date)","Two cross-references to specific sections of the parent Act (sections 7(1) and 5(1))","No defined terms within the proclamation itself (relies on external statutory definitions)","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 2016**—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) government under Australia's Constitution.\n- Section 5(1) of that Act contains two references (legal handovers of power) from Tasmania to the Commonwealth regarding corporations law.\n- This proclamation **terminates (ends)** both of those references on 15 July 2016.\n\n**Who it affects:**\n- Primarily relevant to **businesses, company directors, and legal practitioners** in Tasmania who deal with corporate law.\n- It marks a formal change in how corporate law is administered between state and federal levels.\n\n**Why it matters:**\n- This proclamation was part of the process of **Tasmania withdrawing its references** of corporations powers to the Commonwealth. This is significant because it affects which level of government has the legal authority to regulate companies in Tasmania.\n- The date fixed (15 July 2016) was when Tasmania's referral of corporations powers to the Commonwealth would end, potentially affecting the constitutional basis for federal corporations law in that state."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The claim of currency 'to date' is qualified by an admission that updates may be delayed up to 3 working days, and the last file modification was in 2018. This creates a tension between the currency representation and the actual evidential basis for that claim, though in practice this is a common administrative limitation rather than a legal absurdity.","confidence":0.55,"description":"The document states it is 'current from 27 April 2011 to date (accessed 8 April 2026 at 1:32)' while simultaneously stating 'File last modified 13 August 2018'. If the file was last modified in 2018, it cannot genuinely be 'current to date' in 2026 without verification that no further amendments have occurred, yet the site disclaimer admits updates may lag by up to 3 working days."},{"type":"impossible_compliance","section":"Status Information - Currency of version (entire document)","severity":"medium","reasoning":"A proclamation exists to give legal effect to something - typically to bring an Act or provisions into force on a specified date. Without any operative text reproduced, it is impossible to assess compliance with or the effect of the instrument. Maintaining a contentless shell as 'current legislation' is a logical absurdity in the legislative publication system, even if the underlying instrument exists elsewhere.","confidence":0.7,"description":"The proclamation instrument itself contains no operative provisions in the text provided. A proclamation that contains no substantive content beyond metadata and status information is logically incapable of having any legal effect, yet is maintained as 'current' legislation."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version: 'Version current from 27 April 2011 to date (accessed 8 April 2026 at 1:32)'","section_b":"Status Information - Authorisation: 'File last modified 13 August 2018'","confidence":0.6,"description":"The document simultaneously asserts it is current as of 8 April 2026 and that the file was last modified on 13 August 2018. These two representations are in direct tension: if the file has not been touched since 2018, the basis for asserting currency to 2026 is undermined, particularly given the site's own admission that legislative changes may not be reflected for up to 3 working days."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the content or reach of the references themselves; it only fixes the date on which those references terminate. The text gives no indication that the scope of the references was expanded or reduced."},"complexity_factors":["Simple, single-purpose instrument: fixes a single termination date.","Relies on external legislation for legal effect — references under Corporations (Commonwealth Powers) Act 2001 (cited: s 5(1) and proclamation power s 7(1)).","Formal executive steps required: made by the Governor with Executive Council (text cites Governor and Minister names).","Publication and administrative formalities: Gazette notification (27 April 2011) and administration by Department of Justice noted.","No subordinate regulatory detail, conditions, or compliance schedules included — the proclamation is mechanistic rather than discretionary."],"plain_english_summary":"This proclamation by the Governor of Tasmania fixes 15 July 2016 as the day on which both references made under section 5(1) of the Corporations (Commonwealth Powers) Act 2001 will terminate. It therefore ends those particular legal references to the Commonwealth and so changes when the legal framework created by those references stops applying."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2011-029","history":"/api/acts/tas-sr-2011-029/history","analysis":"/api/acts/tas-sr-2011-029/analysis","conflicts":"/api/acts/tas-sr-2011-029/conflicts","importantCases":"/api/acts/tas-sr-2011-029/important-cases","documents":"/api/acts/tas-sr-2011-029/documents"}}