{"id":"tas:sr-2016-038","name":"Proclamation under the Corporations (Commonwealth Powers) Act 2001","slug":"tas-sr-2016-038","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"38 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313900,"registerId":"tas-tas:sr-2016-038-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 2021 as the day on which both references under [section 5](/view/html/inforce/2026-04-12/act-2001-039#GS5@EN) (1) of that Act terminate.\n\n13 June 2016\n\nC. WARNER\n\nGovernor\n\nBy Her Excellency's Command,\n\nDR VANESSA GOODWIN\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 22 June 2016\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available content, there is no indication the scope changed from the original intent. The proclamation appears to serve its intended purpose of activating or confirming Tasmania's referral of corporations powers to the Commonwealth under the established 2001 framework. The 2016 version date likely reflects a minor administrative update rather than a substantive change in scope."},"complexity_factors":["The document as presented contains almost no substantive operative text — it is largely metadata and status information, making detailed analysis difficult","The underlying constitutional mechanism (referral of powers under s 51(xxxvii) of the Constitution) is conceptually technical, though its practical effect is straightforward","Cross-referencing between state and Commonwealth legislative frameworks adds a layer of complexity for non-specialists","The document's purpose is narrow and administrative in nature, limiting overall complexity"],"plain_english_summary":"This proclamation is Tasmania’s formal announcement under the Corporations (Commonwealth Powers) Act 2001 confirming that corporate regulation in Tasmania is governed by the Commonwealth’s national Corporations Act. It affects businesses, company officers, shareholders and anyone subject to corporate regulation in Tasmania by keeping them within Australia’s unified, ASIC‑administered system. The instrument is mainly administrative and has been current since 22 June 2016."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation exercises the power in s7(1) to fix a termination date for the references in s5(1), ending those references on 15 July 2021. It does not itself alter the content or add to the scope of the references; the text provides no indication that the substantive scope was changed from the Act's original design."},"complexity_factors":["Relies on reading other provisions (s7(1) and s5(1)) to understand practical effect","Simple formal exercise of executive power (Governor on Executive Council advice)","Forward effective date (proclamation in 2016 fixes a 2021 termination) requires alignment of administrative calendars","No substantive rules or procedures within the proclamation — substantive effect is external to this instrument","Official publication and administration formalities (Gazette notice; Department of Justice) but no fiscal detail"],"plain_english_summary":"This proclamation, made by the Governor on advice of the Executive Council, fixes 15 July 2021 as the day on which both references under section 5(1) of the Corporations (Commonwealth Powers) Act 2001 terminate. It therefore ends the operation of those references from that date. The proclamation contains no financial or operational details; any costs or savings arising from ending the references are not specified here."},"issue_detection":{"absurdities":[],"contradictions":[]},"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 references. There is no expansion beyond the original purpose."},"complexity_factors":["Very short document (under 200 words)","Only one substantive operative provision (fixing the termination date)","Single cross-reference to the parent Act (section 7(1) and section 5(1))","No defined terms within the proclamation itself","No conditional logic or exceptions","Standard proclamation format with ceremonial language"],"plain_english_summary":"This is a **Tasmanian government proclamation** (an official public announcement with legal force) that sets a specific date—**15 July 2021**—for when two legal references will end.\n\n**What it does:**\n- The Corporations (Commonwealth Powers) Act 2001 is a Tasmanian law that referred (handed over) certain powers to the Commonwealth (federal government) to regulate corporations.\n- This proclamation **terminates** (ends) those references, meaning Tasmania takes back control of those corporate law powers from the federal government.\n\n**Who it affects:**\n- **Businesses and corporations** operating in Tasmania—after 15 July 2021, state law rather than federal law may apply to certain corporate matters.\n- **Regulators and courts** in Tasmania, which must adjust to applying state law instead of Commonwealth law for the affected provisions.\n\n**Why it matters:**\n- This is part of a broader constitutional arrangement where states can \"refer\" powers to the federal government, and later withdraw them.\n- The termination date was set more than five years in advance (proclaimed in 2016, effective 2021), giving businesses and regulators time to prepare for the legal shift."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2016-038","history":"/api/acts/tas-sr-2016-038/history","analysis":"/api/acts/tas-sr-2016-038/analysis","conflicts":"/api/acts/tas-sr-2016-038/conflicts","importantCases":"/api/acts/tas-sr-2016-038/important-cases","documents":"/api/acts/tas-sr-2016-038/documents"}}