{"id":"tas:act-1983-084","name":"Tasmanian Development Act 1983","slug":"tasmanian-development-act-1983","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"84 of 1983","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109957,"registerId":"tas-act-1983-084-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"# Part I Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Tasmanian Development Act 1983](/view/html/inforce/2026-04-12/act-1983-084) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  This section, [sections 1](#GS1@EN) , [3](#GS3@EN) , and [16](#GS16@EN) [(3)](#GS16@Gs3@EN) , and [Part I](#JS3@HSI@EN) of [Schedule 3](#JS3@EN) shall commence on the day on which this Act receives the royal assent.\n> \n> > (2)  Except as provided in [subsection (1)](#GS2@Gs1@EN) , this Act shall commence on a date to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> *\\[Section 3 Amended by No. 29 of 1984, sched. 1 \\]**\\[Section 3 Amended by No. 39 of 1986, s. 4 \\]**\\[Section 3 Amended by No. 68 of 1994 \\]**\\[Section 3 Substituted by No. 76 of 1995, s. 4 \\]*\n> \n> > (1)  In this Act, unless the contrary intention appears –\n> > \n> > > ***annual report*** means the annual report for TDR prepared under [section 29E](#GS29E@EN) ;\n> > \n> > > ***Australian Accounting Standards*** means Statements of Accounting Standards issued jointly by the National Councils of the Australian Society of Certified Practising Accountants and The Institute of Chartered Accountants in Australia or their successors;\n> > \n> > > ***Authority*** means the Tasmanian Development Authority as existing on 30 June 1995;\n> > \n> > > ***authorized officer*** means an officer of TDR to whom any of its functions or powers is delegated under [section 19](#GS19@EN) [(1)](#GS19@Gs1@EN) ;\n> > \n> > > ***Board*** means Tasmania Development and Resources Board;\n> > \n> > > ***business undertaking*** includes the provision of services;\n> > \n> > > ***chairperson*** means the chairperson of the Board appointed under [section 5](#GS5@EN) [(3)](#GS5@Gs3@EN) ;\n> > \n> > > ***chief executive*** means the chief executive appointed under [section 5](#GS5@EN) [(3)](#GS5@Gs3@EN) ;\n> > \n> > > ***commencement day*** means the day fixed under [section 2](#GS2@EN) [(2)](#GS2@Gs2@EN) ;\n> > \n> > > ***corporate plan*** means the corporate plan approved under [section 15A](#GS15A@EN) ;\n> > \n> > > ***director*** means a person appointed as a director under [section 5](#GS5@EN) ;\n> > \n> > > ***financial statements*** means the financial statements prepared under [section 29B](#GS29B@EN) and includes the consolidated financial statements prepared in respect of TDR and all its subsidiaries under that section;\n> > \n> > > ***financial year*** means a period of 12 months ending on 30 June in any year;\n> > \n> > > ***functions*** includes duties;\n> > \n> > > ***officer of TDR*** means a person appointed and holding office under [section 16](#GS16@EN) ;\n> > \n> > > ***Primary Industry Bank*** means the Australian Resources Development Bank Limited, incorporated in Victoria;\n> > \n> > > ***public authority*** means a body corporate that is constituted or established by or under an Act, or appointed by the Governor by or under the authority of an Act, for a public purpose;\n> > \n> > > ***repealed Act*** means an Act specified in [Schedule 5](#JS5@EN) or a corresponding former enactment;\n> > \n> > > ***statement of corporate intent*** has the meaning given by [section 15C](#GS15C@EN) ;\n> > \n> > > ***TDR*** means Tasmania Development and Resources;\n> > \n> > > ***TDR Act*** means an Act administered by TDR under the [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004) .\n> \n> > (2)  [*\\[Section 3 Subsection (2) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001\\]*](/view/html/inforce/2001-07-15/act-2001-042#JS1@Ja60@GC1@Hpb@EN) [*\\[Section 3 Subsection (2) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001\\]*](/view/html/inforce/2001-07-15/act-2001-042#JS1@Ja60@GC1@Hpa@EN) In this Act a reference to a subsidiary has the meaning given by the Corporations Act as if TDR were a corporation within the meaning of that Act.","sortOrder":3},{"sectionNumber":"Part II","sectionType":"part","heading":"[Part II Heading substituted by No. 76 of 1995, s. 5 ]Tasmania Development and Resources","content":"# Part II [Part II Heading substituted by No. 76 of 1995, s. 5 ]Tasmania Development and Resources","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"[Part II, Div. 1 Heading amended by No. 63 of 1996, s. 8 ]Establishment and composition of TDR, &c.","content":"## Division 1 [Part II, Div. 1 Heading amended by No. 63 of 1996, s. 8 ]Establishment and composition of TDR, &c.","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of Tasmania Development and Resources","content":"### 4 Establishment of Tasmania Development and Resources\n\n> > (1)  *\\[Section 4 Subsection (1) substituted by No. 76 of 1995, s. 6 \\]*The Tasmanian Development Authority is continued as a body corporate with the corporate name of Tasmania Development and Resources.\n> \n> > (2)  *\\[Section 4 Subsection (2) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*TDR –\n> > \n> > > > (a) has perpetual succession;\n> > > \n> > > > (b) shall have a common seal;\n> > > \n> > > > (c) may take proceedings, and be proceeded against, in its corporate name;\n> > > \n> > > > (d) may do, and be subject to, all other things that a body corporate may by law do and be subject to and that may be necessary for, or incidental to, the purposes of this Act; and\n> > > \n> > > > (e) has the functions imposed, and the powers conferred, on it by, or under, this or any other Act.\n> \n> > (3)  *\\[Section 4 Subsection (3) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*The common seal of TDR shall not be affixed to a document except in pursuance of a resolution of TDR and every sealing shall be authenticated by the signature of –\n> > \n> > > > (a) 2 directors; or\n> > > \n> > > > (b) a director and an officer of TDR who is an authorized officer for the purpose of that sealing.\n> \n> > (4)  *\\[Section 4 Subsection (4) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*All courts, judges, and persons acting judicially shall take judicial notice of the common seal of TDR affixed to a document and, unless the contrary is established, shall presume that it was duly affixed.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Board of Directors of TDR","content":"### 5 Board of Directors of TDR\n\n> > (1)  *\\[Section 5 Subsection (1) substituted by No. 76 of 1995, s. 7 \\]*The affairs and activities of TDR are to be conducted by a Board of Directors to be known as Tasmania Development and Resources Board.\n> \n> > (2)  [*\\[Section 5 Subsection (2) amended by No. 22 of 2008, s. 4, Applied:26 Jun 2008\\]*](/view/html/inforce/2008-06-26/act-2008-022#GS4@EN) *\\[Section 5 Subsection (2) substituted by No. 76 of 1995, s. 7 \\]*The Board consists of not more than 9 directors including the chairperson.\n> \n> > (3)  *\\[Section 5 Subsection (3) amended by No. 76 of 1995, s. 7 and s. 28 and Sched. 2 \\]*Each of the directors shall be appointed by the Governor on the nomination of the Minister and, by an instrument of appointment under this section –\n> > \n> > > > (a) [*\\[Section 5 Subsection (3) amended by No. 9 of 1997, s. 4, Applied:19 May 1997\\]*](/view/html/inforce/1997-05-19/act-1997-009#GS4@EN) [*\\[Section 5 Subsection (3) amended by No. 9 of 1997, s. 5, Applied:19 May 2002\\]*](/view/html/inforce/2002-05-19/act-1997-009#GS5@EN) one of the directors shall be appointed as chairperson of the Board; and\n> > > \n> > > > (b) [*\\[Section 5 Subsection (3) amended by No. 9 of 1997, s. 4, Applied:19 May 1997\\]*](/view/html/inforce/1997-05-19/act-1997-009#GS4@EN) [*\\[Section 5 Subsection (3) amended by No. 9 of 1997, s. 5, Applied:19 May 2002\\]*](/view/html/inforce/2002-05-19/act-1997-009#GS5@EN) another of the directors shall be appointed as chief executive.\n> \n> > (3A)  *\\[Section 5 Subsection (3A) inserted by No. 76 of 1995, s. 7 \\]*The Minister must not make a nomination under [subsection (3)](#GS5@Gs3@EN) unless he or she is satisfied that the person nominated has the experience and skills necessary to enable TDR to achieve its objectives.\n> \n> > (4)  [Schedule 1](#JS1@EN) has effect with respect to the directors.\n> \n> > (5)  [Schedule 2](#JS2@EN) has effect with respect to the meetings of the Board.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Appointment and duties of chief executive","content":"### 6 Appointment and duties of chief executive\n\n> *\\[Section 6 Substituted by No. 76 of 1995, s. 8 \\]*\n> \n> > (1)  [*\\[Section 6 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja152@GC1@EN) The chief executive is, subject to [Schedule 1](#JS1@EN) , to be appointed on such terms and conditions as are specified in the instrument of his or her appointment and may hold that appointment in conjunction with State Service employment.\n> \n> > (2)  The chief executive is responsible to the Board for the conduct of the affairs and activities of TDR in accordance with –\n> > \n> > > > (a) any directions given to him or her by the Board; and\n> > > \n> > > > (b) in a case where he or she is a delegate of TDR under [section 19](#GS19@EN) [(1)](#GS19@Gs1@EN) , any condition or limitation that is applicable to him or her under that section.\n> \n> > (3)  The chief executive must, on request by the Board, provide the Board with such information as it may require relating to the affairs and activities of TDR.\n> \n> > (4)  The appointment or employment of a person as chief executive is not invalid by reason only of a defect or irregularity in relation to the appointment or contract of employment.","sortOrder":8},{"sectionNumber":"6A","sectionType":"section","heading":"Acting chief executive","content":"### 6A Acting chief executive\n\n> *\\[Section 6A Inserted by No. 76 of 1995, s. 9 \\]*\n> \n> > (1)  For the purposes of this section, the chief executive is absent if he or she –\n> > \n> > > > (a) is absent from duty; or\n> > > \n> > > > (b) is otherwise unable to perform the functions of the office of chief executive; or\n> > > \n> > > > (c) has died, resigned or been removed from office and a new chief executive has not been appointed.\n> \n> > (2)  The Minister may appoint a person who is eligible to be appointed as chief executive to act as chief executive during any or every period during which the chief executive is absent.\n> \n> > (3)  [*\\[Section 6A Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja152@GC2@EN) An appointment is for such term, not exceeding 6 months, as is specified in the instrument of appointment and may be held in conjunction with State Service employment.\n> \n> > (4)  While a person appointed under [subsection (2)](#GS6A@Gs2@EN) is acting as chief executive, that person is taken to be the chief executive.\n> \n> > (5)  [Section 6](#GS6@EN) [(1)](#GS6@Gs1@EN) applies in relation to the appointment of an acting chief executive as if it were an appointment of a chief executive.","sortOrder":9},{"sectionNumber":"Division 2","sectionType":"division","heading":"[Part II, Div. 2 Heading amended by No. 76 of 1995, s. 28 and Sched. 1 ]Functions, powers, &c., of TDR","content":"## Division 2 [Part II, Div. 2 Heading amended by No. 76 of 1995, s. 28 and Sched. 1 ]Functions, powers, &c., of TDR","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Policies of TDR","content":"### 7 Policies of TDR\n\n> *\\[Section 7 Amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*It is the duty of TDR, within the limits of its powers, to encourage and promote the balanced economic development of Tasmania, and to ensure that its policies are directed to the greatest advantage of the people of Tasmania and that its powers under this Act or any other Act are exercised in such a manner as, in its opinion, will best contribute to –\n> \n> > > (a) the stability of business undertakings in Tasmania;\n> > \n> > > (b) the maintenance of maximum employment in Tasmania; and\n> > \n> > > (c) the prosperity and welfare of the people of Tasmania.","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Functions of TDR","content":"### 8 Functions of TDR\n\n> > (1)  *\\[Section 8 Subsection (1) amended by No. 36 of 1988, s. 4 \\]**\\[Section 8 Subsection (1) amended by No. 76 of 1995, s. 10 \\]*TDR has, in addition to the functions conferred on it under any other Act, the following functions:\n> > \n> > > > (a) to develop and carry out measures to encourage, monitor and promote employment in the private sector in Tasmania;\n> > > \n> > > > (b) to develop and carry out measures to promote investment in Tasmania;\n> > > \n> > > > (c) to promote co-operation between the public and private sectors for the purpose of any such measures;\n> > > \n> > > > (d) to support and expand existing business undertakings and business opportunities in Tasmania;\n> > > \n> > > > (e) to conduct research for the purpose of the development or establishment in Tasmania of business undertakings;\n> > > \n> > > > (f) if so requested by the Treasurer, to disburse on behalf of the Crown –\n> > > > \n> > > > > > (i) any money payable as relief following a bushfire, drought, earthquake, flood, tempest, or other occurrence causing loss of life or property or injury to persons or property or distress to persons; or\n> > > > > \n> > > > > > (ii) any money payable to the Crown as mentioned in [section 10](#GS10@EN) ;\n> > > \n> > > > (g) to administer the TDR Acts.\n> \n> > (2)  *\\[Section 8 Subsection (2) inserted by No. 76 of 1995, s. 10 \\]*Where TDR is responsible under the [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004) for the administration of an Act which confers functions or powers on a person or body, the administration of that Act by TDR does not derogate from the functions or powers of that person or body.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"General powers of TDR","content":"### 9 General powers of TDR\n\n> > (1)  *\\[Section 9 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*For the purposes of this Act, TDR has, in addition to the powers conferred on it under any other Act but subject to any duty arising under [section 11](#GS11@EN) [(1)](#GS11@Gs1@EN) on the Minister giving it a statement of policy objectives, the powers specified in this section.\n> \n> > (2)  *\\[Section 9 Subsection (2) amended by No. 55 of 1985, s. 4 \\]**\\[Section 9 Subsection (2) amended by S.R. 1987 No. 66 \\]**\\[Section 9 Subsection (2) amended by S.R. 1987 No. 187 \\]**\\[Section 9 Subsection (2) amended by S.R. 1989 No. 80 \\]**\\[Section 9 Subsection (2) amended by S.R. 1991 No. 261 \\]**\\[Section 9 Subsection (2) amended by S.R. 1992 No. 169 \\]**\\[Section 9 Subsection (2) amended by No. 76 of 1995, s. 11 and s. 28 and Sched. 1 \\]*TDR may –\n> > \n> > > > (a) acquire, develop, and dispose of land as provided by [sections 12](#GS12@EN) , [13](#GS13@EN) , and [14](#GS14@EN) ;\n> > > \n> > > > (b) [*\\[Section 9 Subsection (2) amended by S.R. 2016, No. 48, Applied:29 Jun 2016\\]*](/view/html/inforce/2016-06-29/sr-2016-048#GS4@Hpa@EN) [*\\[Section 9 Subsection (2) amended by No. 13 of 2024, s. 4, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-013#GS4@Hpa@EN) subject to [subsections (3)](#GS9@Gs3@EN) and [(4)](#GS9@Gs4@EN) , make a loan of money to any person on such terms and conditions as TDR thinks fit so long as the principal amount of the loan, or, in the case of 2 or more loans to that person, the aggregate of the principal amount of those loans, does not exceed $15 000 000;\n> > > \n> > > > (c) subject to [subsection (5)](#GS9@Gs5@EN) , make a grant of money for such purpose and on such terms and conditions as the Minister may approve to any person in order to –\n> > > > \n> > > > > > (i) assist in the development, expansion, or retention of a business undertaking in Tasmania; or\n> > > > > \n> > > > > > (ii) conduct research or experiments for the purpose of the establishment or development of a business undertaking in Tasmania;\n> > > \n> > > > (d) [*\\[Section 9 Subsection (2) amended by S.R. 1999, No. 98, Applied:29 Sep 1999\\]*](/view/html/inforce/1999-09-29/sr-1999-098#GS4@EN) [*\\[Section 9 Subsection (2) amended by No. 13 of 2024, s. 4, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-013#GS4@Hpb@EN) if it considers it to be of special significance to the development of the Tasmanian economy, acquire, with the approval of the Minister, an interest in a business undertaking at a cost not exceeding $35 000 000;\n> > > \n> > > > (e) recommend to the Minister that he grant a loan of money as provided by [section 35](#GS35@EN) ;\n> > > \n> > > > (f) recommend to the Treasurer that he guarantee in accordance with [section 36](#GS36@EN) the repayment of any money lent or agreed to be lent or the performance of any obligation referred to in [subsection (1)](#GS36@Gs1@EN) [(b)](#GS36@Gs1@Hpb@EN) of that section;\n> > > \n> > > > (fa) act as agent of the Minister or of the Minister in charge of tourism for the purpose of the performance of his functions under [section 37](#GS37@EN) [(3)](#GS37@Gs3@EN) [(a)](#GS37@Gs3@Hpa@EN) ;\n> > > \n> > > > (g) make arrangements for the purpose of facilitating the establishment of co-operative organizations of persons engaged in any business undertaking;\n> > > \n> > > > (h) represent, or appoint a person to represent, TDR on the governing body of any organization of persons engaged in any business undertaking that is a business undertaking to which assistance under this Act is granted or is proposed to be granted;\n> > > \n> > > > (i) provide advice and technical assistance to any person in connection with a business undertaking;\n> > > \n> > > > (j) may act as agent for any person in connection with a business undertaking that is, or is proposed to be, carried on in Tasmania or elsewhere;\n> > > \n> > > > (k) may make a charge for any of its services provided under this Act; and\n> > > \n> > > > (l) may do any other act, matter, or thing as may be necessary or expedient for the performance of its functions under this or any other Act.\n> \n> > (3)  A loan of money shall not be made to a person under [subsection (2)](#GS9@Gs2@EN) [(b)](#GS9@Gs2@Hpb@EN) if the effect of making the loan would be that the total of the amounts borrowed by that person at that time exceeds 80 per cent of the value of the total available security.\n> \n> > (4)  *\\[Section 9 Subsection (4) amended by S.R. 1987 No. 66 \\]**\\[Section 9 Subsection (4) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*Notwithstanding [subsection (3)](#GS9@Gs3@EN) , TDR may, in any case where it is satisfied that there are special reasons for doing so –\n> > \n> > > > (a) [*\\[Section 9 Subsection (4) amended by S.R. 2005, No. 113, Applied:12 Oct 2005\\]*](/view/html/inforce/2005-10-12/sr-2005-113#GS4@Hpa@EN) [*\\[Section 9 Subsection (4) amended by S.R. 2016, No. 48, Applied:29 Jun 2016\\]*](/view/html/inforce/2016-06-29/sr-2016-048#GS4@Hpb@EN) [*\\[Section 9 Subsection (4) amended by No. 13 of 2024, s. 4, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-013#GS4@Hpc@EN) make a loan to a person with or without security and with or without interest so long as the principal amount of the loan or, in the case of 2 or more loans under this subsection, the aggregate of those loans does not exceed $500 000; and\n> > > \n> > > > (b) [*\\[Section 9 Subsection (4) amended by S.R. 2005, No. 113, Applied:12 Oct 2005\\]*](/view/html/inforce/2005-10-12/sr-2005-113#GS4@Hpb@EN) [*\\[Section 9 Subsection (4) amended by No. 13 of 2024, s. 4, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-013#GS4@Hpd@EN) may, with the approval of the Minister, discharge any person from any liability not exceeding $50 000 arising from any loan to that person under this section.\n> \n> > (5)  *\\[Section 9 Subsection (5) amended by S.R. 1987 No. 66 \\]*For the purpose of [subsection (2)](#GS9@Gs2@EN) [(c)](#GS9@Gs2@Hpc@EN) –\n> > \n> > > > (a) [*\\[Section 9 Subsection (5) amended by S.R. 2005, No. 113, Applied:12 Oct 2005\\]*](/view/html/inforce/2005-10-12/sr-2005-113#GS4@Hpc@EN) [*\\[Section 9 Subsection (5) amended by S.R. 2016, No. 48, Applied:29 Jun 2016\\]*](/view/html/inforce/2016-06-29/sr-2016-048#GS4@Hpc@EN) where the amount of the grant is not more than $500 000, the grant shall be for such purpose and on such terms and conditions as the Minister may approve; and\n> > > \n> > > > (b) [*\\[Section 9 Subsection (5) amended by S.R. 2005, No. 113, Applied:12 Oct 2005\\]*](/view/html/inforce/2005-10-12/sr-2005-113#GS4@Hpd@EN) [*\\[Section 9 Subsection (5) amended by S.R. 2016, No. 48, Applied:29 Jun 2016\\]*](/view/html/inforce/2016-06-29/sr-2016-048#GS4@Hpd@EN) where the amount of the grant is more than $500 000, the grant shall be for such purpose and on such terms and conditions as the Treasurer and the Minister may approve.\n> \n> > (6)  The Governor may, by order, amend a provision of this section by omitting a reference to an amount specified in that provision and substituting a reference to some other amount specified in the order.\n> \n> > (7)  [*\\[Section 9 Subsection (7) inserted by No. 13 of 2024, s. 4, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-013#GS4@Hpe@EN) An amendment made, by the *Tasmanian Development Amendment Act 2024*, to an amount specified in a provision of this section does not prevent that amount, or any other amount, from being amended or further amended by an order made in accordance with [subsection (6)](#GS9@Gs6@EN) .","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Disbursement of Commonwealth money","content":"### 10 Disbursement of Commonwealth money\n\n> *\\[Section 10 Amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*Where any money is payable to the Crown pursuant to an agreement between the Commonwealth and the State, the Governor may, by order, authorize TDR to disburse, in accordance with the agreement and any directions specified in the order, any money paid to the Crown pursuant to that agreement.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Duty to comply with statement of policy objectives","content":"### 11 Duty to comply with statement of policy objectives\n\n> > (1)  *\\[Section 11 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*The Minister may, from time to time, give to TDR a statement in writing specifying the policy objectives of the Government of Tasmania with respect to any matter relating to the powers, duties, affairs, or activities of TDR and, on being given such a statement, it is the duty of TDR to exercise its powers, to perform its duties, and to conduct its affairs and activities in a manner that is consistent with the objectives specified in the statement.\n> \n> > (2)  *\\[Section 11 Subsection (2) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*The Minister may, by notice in writing given to TDR, vary or revoke a statement of policy objectives given under [subsection (1)](#GS11@Gs1@EN) and such a notice shall have effect according to its tenor.\n> \n> > (3)  *\\[Section 11 Subsection (3) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*The fact that the Minister has power to give a statement of policy objectives to TDR under [subsection (1)](#GS11@Gs1@EN) or gives such a statement to TDR does not have the effect of –\n> > \n> > > > (a) making TDR the servant or agent of the Crown for the purposes of this or any other Act; or\n> > > \n> > > > (b) conferring on TDR any status, privilege, or immunity of the Crown.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Acquisition of land for business undertakings","content":"### 12 Acquisition of land for business undertakings\n\n> > (1)  *\\[Section 12 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*TDR may, with the approval of the Minister, acquire land for the purpose of a business undertaking or for the purpose of establishing, developing, or expanding business undertakings generally.\n> \n> > (2)  Any land acquired under this section may be subsequently leased or sold in accordance with [section 14](#GS14@EN) .","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Development of land acquired","content":"### 13 Development of land acquired\n\n> *\\[Section 13 Amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*TDR may, with the approval of the Minister, carry out, or arrange for the carrying out of, the development of any land acquired under [section 12](#GS12@EN) in such manner as it may determine.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Disposal of land purchased for new industries","content":"### 14 Disposal of land purchased for new industries\n\n> > (1)  *\\[Section 14 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*TDR may, with the approval of the Minister, dispose of any land acquired under [section 12](#GS12@EN) to a person who has an interest in a business undertaking –\n> > \n> > > > (a) by granting a lease of the land for such term as TDR thinks fit, and containing such terms and conditions as it thinks fit; or\n> > > \n> > > > (b) by selling the land on such terms and conditions as it thinks fit.\n> \n> > (2)  Any land that is leased to a person in accordance with [subsection (1)](#GS14@Gs1@EN) [(a)](#GS14@Gs1@Hpa@EN) may be sold subsequently to that person or his assigns in accordance with [subsection (1)](#GS14@Gs1@EN) [(b)](#GS14@Gs1@Hpb@EN) .","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Power of TDR to engage consultants, &c.","content":"### 15 Power of TDR to engage consultants, &c.\n\n> *\\[Section 15 Amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*TDR may, for the purposes of performing its functions or exercising its powers under this Act –\n> \n> > > (a) engage such consultants and other independent contractors as it deems fit; and\n> > \n> > > (b) obtain assistance, information, and advice from any person.","sortOrder":19},{"sectionNumber":"15A","sectionType":"section","heading":"Corporate plan","content":"### 15A Corporate plan\n\n> *\\[Section 15A Inserted by No. 76 of 1995, s. 12 \\]*\n> \n> > (1)  In each financial year, the Board must prepare a corporate plan for TDR and its subsidiaries.\n> \n> > (2)  The corporate plan is to –\n> > \n> > > > (a) cover a period of not less than 3 financial years commencing on the day when it takes effect; and\n> > > \n> > > > (b) contain a summary of the projected financial results of TDR and each of its subsidiaries in respect of the current financial year and each financial year covered by the plan; and\n> > > \n> > > > (c) contain a summary of the financial results of TDR and each of its subsidiaries in respect of the financial year immediately preceding the current financial year; and\n> > > \n> > > > (d) contain a statement of corporate intent; and\n> > > \n> > > > (e) be in such form and contain such information as the Minister specifies.\n> \n> > (3)  The Board must provide a draft of the corporate plan to the Minister and the Treasurer not later than 90 days before the day on which the corporate plan will take effect.\n> \n> > (4)  When a draft corporate plan is approved by the Minister it becomes the corporate plan of TDR.\n> \n> > (5)  The Minister must approve a corporate plan, prepared in accordance with this section and [section 15B](#GS15B@EN) , by not later than 30 days before the day on which the corporate plan will take effect.\n> \n> > (6)  A corporate plan takes effect on the first day of the financial year next commencing after its approval by the Minister or such other time as the Minister may approve.\n> \n> > (7)  TDR may prepare an amendment of its corporate plan at any time.\n> \n> > (8)  An amendment of a corporate plan takes effect when it is approved by the Minister.\n> \n> > (9)  The Board must provide a copy of its corporate plan and an amended corporate plan to the Treasurer within 14 days after the Board has been notified of its approval by the Minister.\n> \n> > (10)  Except where the Minister otherwise approves, TDR must act in accordance with its corporate plan or amended corporate plan and ensure that a subsidiary acts in accordance with that corporate plan or amended corporate plan.","sortOrder":20},{"sectionNumber":"15B","sectionType":"section","heading":"Consultation with Minister","content":"### 15B Consultation with Minister\n\n> *\\[Section 15B Inserted by No. 76 of 1995, s. 12 \\]*\n> \n> > (1)  In the course of preparing a draft corporate plan, the Board must consult with the Minister in relation to the interests of the State as a whole and the long term objectives of TDR and its subsidiaries.\n> \n> > (2)  The Minister may give a direction to the Board in relation to a long term objective of TDR and its subsidiaries.\n> \n> > (3)  Subject to [subsection (4)](#GS15B@Gs4@EN) , the Board must comply with a direction if it is in writing and signed by the Minister.\n> \n> > (4)  A direction has no effect in respect of a contract entered into by TDR before the direction was given if compliance with the direction would result in TDR failing to perform the contract.","sortOrder":21},{"sectionNumber":"15C","sectionType":"section","heading":"Statement of corporate intent","content":"### 15C Statement of corporate intent\n\n> *\\[Section 15C Inserted by No. 76 of 1995, s. 12 \\]*\n> \n> > (1)  The statement of corporate intent of TDR is a summary of its corporate plan.\n> \n> > (2)  The statement of corporate intent of TDR must not disclose any information which the Minister considers may, if disclosed –\n> > \n> > > > (a) disadvantage or cause damage to TDR, directly or indirectly; or\n> > > \n> > > > (b) enable another person, directly or indirectly, to gain an advantage.\n> \n> > (3)  The statement of corporate intent is to be in a form and contain the information specified by the Minister.","sortOrder":22},{"sectionNumber":"15D","sectionType":"section","heading":"Strategic and operating plans","content":"### 15D Strategic and operating plans\n\n> *\\[Section 15D Inserted by No. 76 of 1995, s. 12 \\]*\n> \n> > (1)  The strategic plan of the Authority in force immediately before the commencement of the [Tasmanian Development Amendment Act 1995](/view/html/inforce/2026-04-12/act-1995-076) together with its operating plan in force immediately before that day is taken to be a corporate plan of TDR that takes effect on that commencement.\n> \n> > (2)  TDR must prepare a statement of corporate intent in respect of the corporate plan referred to in [subsection (1)](#GS15D@Gs1@EN) in sufficient time to enable it to be included in the annual report in respect of the financial year ending on 30 June 1995.\n> \n> > (3)  In [subsection (1)](#GS15D@Gs1@EN) ,\n> > \n> > > ***operating plan*** and ***strategic plan*** have the same meanings as in the [State Authorities Financial Management Act 1990](/view/html/inforce/2026-04-12/act-1990-045) as in force immediately before 1 July 1995.","sortOrder":23},{"sectionNumber":"15E","sectionType":"section","heading":"Validity of actions, &c.","content":"### 15E Validity of actions, &c.\n\n> *\\[Section 15E Inserted by No. 76 of 1995, s. 12 \\]*Anything done by, or in relation to, TDR is not void or unenforceable only because TDR has contravened this Part.","sortOrder":24},{"sectionNumber":"Division 3","sectionType":"division","heading":"[Part II, Div. 3 Heading amended by No. 76 of 1995, s. 28 and Sched. 1 ]Officers, &c., of TDR","content":"## Division 3 [Part II, Div. 3 Heading amended by No. 76 of 1995, s. 28 and Sched. 1 ]Officers, &c., of TDR","sortOrder":25},{"sectionNumber":"16","sectionType":"section","heading":"Officers","content":"### 16 Officers\n\n> *\\[Section 16 Subsection (1) amended by No. 76 of 1995, s. 13 and s. 28 and Sched. 2 \\]**\\[Section 16 Subsection (2) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]**\\[Section 16 Subsection (3) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]**\\[Section 16 Subsection (5) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*[*\\[Section 16 Substituted by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja152@GC3@EN) Subject to and in accordance with the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) , persons may be appointed or employed for the purpose of enabling TDR to perform its functions or exercise its powers.","sortOrder":26},{"sectionNumber":"17.","sectionType":"section","heading":null,"content":"### 17.\n\n*\\[Section 17 Subsection (1) substituted by No. 29 of 1984, s. 3 and Sched. 1 \\]* *\\[Section 17 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]* *\\[Section 17 Subsection (2) amended by No. 29 of 1984, s. 3 and Sched. 1 \\]* [*\\[Section 17 Repealed by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja152@GC4@EN)","sortOrder":27},{"sectionNumber":"18.","sectionType":"section","heading":null,"content":"### 18.\n\n*\\[Section 18 Amended by No. 76 of 1995, s. 28 and Sched. 1 \\]* [*\\[Section 18 Repealed by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja152@GC5@EN)","sortOrder":28},{"sectionNumber":"19","sectionType":"section","heading":"Delegation of functions, &c., by TDR","content":"### 19 Delegation of functions, &c., by TDR\n\n> > (1)  *\\[Section 19 Subsection (1) amended by No. 76 of 1995, s. 14 and s. 28 and Sched. 1 \\]*TDR may, with the approval of the Minister, and by instrument in writing, delegate to a director or an officer or committee of TDR the performance or exercise of such of its functions and powers (other than this power of delegation) under this or any other Act as are specified in the instrument, and may, by a further instrument in writing, revoke wholly or in part any such delegation.\n> \n> > (2)  A function or power, the performance or exercise of which has been delegated under this section, may, while the delegation remains unrevoked, be performed or exercised from time to time in accordance with the terms of the delegation.\n> \n> > (3)  A delegation under this section may be made subject to such conditions or limitations as to the performance or exercise of any of the functions or powers delegated, or as to time or circumstance, as are specified in the instrument of delegation.\n> \n> > (4)  *\\[Section 19 Subsection (4) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*Notwithstanding any delegation under this section, TDR may continue to perform or exercise all or any of the functions or powers delegated.\n> \n> > (5)  *\\[Section 19 Subsection (5) amended by No. 76 of 1995, s. 14 and s. 28 and Sched. 1 \\]*Any act or thing done by or to a director or an officer or committee of TDR while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done by, or to, TDR and shall be deemed to have been done by, or to, TDR.\n> \n> > (6)  *\\[Section 19 Subsection (6) substituted by No. 76 of 1995, s. 14 \\]*An instrument purporting to be executed by the delegate as such is to be received in evidence in all courts and before all persons acting judicially as if it were an instrument executed by TDR and, until the contrary is proved, is taken to be an instrument executed by the delegate under this section.\n> \n> > (7)  *\\[Section 19 Subsection (7) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*Where the performance of a function or the exercise of a power by TDR is dependant on the opinion or belief of TDR, a delegate of TDR under this section may, in performing that function or exercising that power, act on his own opinion or belief.","sortOrder":29},{"sectionNumber":"20","sectionType":"section","heading":"Register of delegations","content":"### 20 Register of delegations\n\n> > (1)  *\\[Section 20 Subsection (1) amended by No. 76 of 1995, s. 15 and 28 and Sched. 1 \\]*TDR shall keep a register showing particulars of any delegation made under [section 19](#GS19@EN) [(1)](#GS19@Gs1@EN) .\n> \n> > (2)  *\\[Section 20 Subsection (2) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*A register kept by TDR pursuant to [subsection (1)](#GS20@Gs1@EN) shall be open for inspection by any member of the public without charge.","sortOrder":30},{"sectionNumber":"Division 4","sectionType":"division","heading":"[Part II, Div. 4 Heading amended by No. 63 of 1996, s. 8 ]Finances of TDR","content":"## Division 4 [Part II, Div. 4 Heading amended by No. 63 of 1996, s. 8 ]Finances of TDR","sortOrder":31},{"sectionNumber":"21","sectionType":"section","heading":"Accounts, funds, &c., of TDR","content":"### 21 Accounts, funds, &c., of TDR\n\n> > (1)  *\\[Section 21 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*[*\\[Section 21 Subsection (1) substituted by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja121@GC1@Hpa@EN) The Treasurer is to establish in the Public Account such accounts as may from time to time be required by TDR.\n> \n> > (2)  [*\\[Section 21 Subsection (2) amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000\\]*](/view/html/inforce/2000-01-01/act-1999-074#JS2@Ja53@GC1@Hpa@EN) *\\[Section 21 Subsection (2) substituted by No. 76 of 1995, s. 16 \\]**\\[Section 21 Subsection (2) amended by No. 62 of 1996, s. 3 and Sched. 1 \\]*TDR may open and operate authorised deposit-taking institution accounts as it considers necessary.\n> \n> > (3)  [*\\[Section 21 Subsection (3) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja121@GC1@Hpb@EN) [*\\[Section 21 Subsection (3) amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000\\]*](/view/html/inforce/2000-01-01/act-1999-074#JS2@Ja53@GC1@Hpb@EN) *\\[Section 21 Subsection (3) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]**\\[Section 21 Subsection (3) amended by No. 62 of 1996, s. 3 and Sched. 1 \\]*The funds of TDR shall be paid to the credit of the accounts referred to in this section and shall consist of–\n> > \n> > > > (a) any money appropriated by Parliament for the purposes of TDR;\n> > > \n> > > > (b) all money borrowed by TDR under this Act;\n> > > \n> > > > (c) any money that immediately before the commencement day was in such trust accounts established in the Treasury as the Minister, with the consent of the Treasurer, may approve for the purposes of this paragraph;\n> > > \n> > > > (d) any money appropriated by Parliament for a purpose arising from, or incidental to, a repealed Act or an Act that, after the commencement day, is administered by TDR, if that money was not applied for that purpose before that day; and\n> > > \n> > > > (e) all other money received from any source by TDR.","sortOrder":32},{"sectionNumber":"22","sectionType":"section","heading":"Capital expenditure of TDR","content":"### 22 Capital expenditure of TDR\n\n> > (1)  *\\[Section 22 Subsection (1) amended by No. 36 of 1988, s. 7 and Sched. 1 \\]**\\[Section 22 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*TDR shall meet any capital expenditure from –\n> > \n> > > > (a) [*\\[Section 22 Subsection (1) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja121@GC2@Hpa@EN) money appropriated by Parliament from the Public Account for the purpose;\n> > > \n> > > > (b) money borrowed by TDR under [section 24](#GS24@EN) ; or\n> > > \n> > > > (c) money received by TDR pursuant to an order under [section 10](#GS10@EN) .\n> \n> > (2)  *\\[Section 22 Subsection (2) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*For the purposes of [subsection (1)](#GS22@Gs1@EN) , a loan of money made by TDR under [section 9](#GS9@EN) [(2)](#GS9@Gs2@EN) [(b)](#GS9@Gs2@Hpb@EN) shall be treated as capital expenditure.\n> \n> > (3)  [*\\[Section 22 Subsection (3) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja121@GC2@Hpb@EN) *\\[Section 22 Subsection (3) substituted by No. 36 of 1988, s. 5 \\]**\\[Section 22 Subsection (3) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*Where TDR receives an amount by way of repayment of a loan made from money appropriated by Parliament for the purpose, TDR shall repay that amount to the Public Account in accordance with any directions given by the Treasurer.","sortOrder":33},{"sectionNumber":"23","sectionType":"section","heading":"Recurrent expenditure of TDR and payment of certain income to Public Account","content":"### 23 Recurrent expenditure of TDR and payment of certain income to Public Account\n\n> > (1)  [*\\[Section 23 Subsection (1) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja121@GC3@Hpa@EN) *\\[Section 23 Subsection (1) amended by No. 36 of 1988, s. 7 and Sched. 1 \\]**\\[Section 23 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*TDR shall pay, from money appropriated by Parliament from the Public Account for the purpose–\n> > \n> > > > (a) the administration and operating expenses of TDR;\n> > > \n> > > > (b) any grant of money made under [section 9](#GS9@EN) [(2)](#GS9@Gs2@EN) [(c)](#GS9@Gs2@Hpc@EN) ;\n> > > \n> > > > (c) on and after 1st July 1984, any interest required to be paid in respect of a loan to TDR under [section 24](#GS24@EN) or [26](#GS26@EN) ;\n> > > \n> > > > (d) any grant of money made, or subsidy paid, under any other Act; and\n> > > \n> > > > (e) any other cost of a recurrent nature incurred by TDR.\n> \n> > (2)  [*\\[Section 23 Subsection (2) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja121@GC3@Hpb@EN) *\\[Section 23 Subsection (2) amended by No. 36 of 1998, s. 7 and Sched. 1 \\]**\\[Section 23 Subsection (2) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*Where TDR derives any income from any money appropriated for its use by Parliament or borrowed under [section 24](#GS24@EN) , TDR shall, unless the Treasurer otherwise directs, pay the amount of that income to the Public Account.\n> \n> > (3)  *\\[Section 23 Subsection (3) inserted by No. 76 of 1995, s. 17 \\]* [Subsection (2)](#GS23@Gs2@EN) does not apply to income from money advanced for the purposes of the [Rural Adjustment Act 1995](/view/html/inforce/2026-04-12/act-1995-036) .","sortOrder":34},{"sectionNumber":"24","sectionType":"section","heading":"TDR's power to borrow","content":"### 24 TDR's power to borrow\n\n> > (1)  *\\[Section 24 Subsection (1) substituted by No. 55 of 1985, s. 5 \\]**\\[Section 24 Subsection (1) amended by No. 36 of 1988, s. 6 \\]**\\[Section 24 Subsection (1) amended by No. 76 of 1995, s. 18 and s. 28 and Sched. 1 \\]*TDR may, with the consent of the Treasurer but subject to this section, borrow money for the purposes of this Act, the [Farm Water Development Act 1985](/view/html/inforce/2026-04-12/act-1985-042) , the [King and Flinders Islands (Power) Financial Assistance 1984](/view/html/inforce/2026-04-12/act-9999-999) , the [Closer Settlement Act 1957](/view/html/inforce/2026-04-12/act-1957-100) or the [Rural Adjustment Act 1995](/view/html/inforce/2026-04-12/act-1995-036) .\n> \n> > (1A)  [*\\[Section 24 Subsection (1A) amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000\\]*](/view/html/inforce/2000-01-01/act-1999-074#JS2@Ja53@GC2@EN) *\\[Section 24 Subsection (1A) inserted by No. 55 of 1985, s. 5 \\]**\\[Section 24 Subsection (1A) substituted by No. 76 of 1995, s. 18 \\]**\\[Section 24 Subsection (1A) amended by No. 62 of 1996, s. 3 and Sched. 1 \\]*Money borrowed under [subsection (1)](#GS24@Gs1@EN) is to be borrowed on authorised deposit-taking institution overdraft or in such other manner as the Treasurer may approve.\n> \n> > (2)  *\\[Section 24 Subsection (2) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*Without limiting its powers under [subsection (1)](#GS24@Gs1@EN) , TDR may, for the purposes of this Act, borrow money with the consent of the Treasurer from the Primary Industry Bank subject to such terms or conditions as may be agreed in writing between TDR and that Bank, including terms or conditions requiring TDR to make to that Bank loans or deposits of such amounts as may be determined by reference to the agreement.\n> \n> > (3)  *\\[Section 24 Subsection (2) amended by No. 55 of 1985, s. 5 \\]**\\[Section 24 Subsection (3) omitted by No. 76 of 1995, s. 18 \\]*.  .  .  .  .  .  .  .","sortOrder":35},{"sectionNumber":"25.","sectionType":"section","heading":null,"content":"### 25.\n\n*\\[Section 25 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]* *\\[Section 25 Subsection (2) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]* *\\[Section 25 Subsection (3) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]* [*\\[Section 25 Subsection (5) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja121@GC4@EN) *\\[Section 25 Subsection (5) amended by No. 36 of 1988, s. 7 and Sched. 1 \\]* [*\\[Section 25 Repealed by No. 22 of 2023, s. 41, Applied:01 Jul 2023\\]*](/view/html/inforce/2023-07-01/act-2023-022#GS41@EN)","sortOrder":36},{"sectionNumber":"26","sectionType":"section","heading":"State loans to TDR","content":"### 26 State loans to TDR\n\n> *\\[Section 26 Amended by No. 76 of 1995, s. 19 and s. 28 and Sched. 1 \\]*[*\\[Section 26 Amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja121@GC5@EN) Where the performance of any of its functions or the exercise of any of its powers under this or any other Act involves capital expenditure, the Treasurer may make a loan of money from the Public Account to TDR for the purpose of performing that function or exercising that power and any such loan by the Treasurer shall be on such terms as to repayment, payment of interest, and otherwise, as the Treasurer may determine.","sortOrder":37},{"sectionNumber":"27","sectionType":"section","heading":"Temporary investment of TDR's funds","content":"### 27 Temporary investment of TDR's funds\n\n> *\\[Section 27 Amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*TDR may invest any money that it is holding and for which it has no immediate use in any of the ways authorized by the [Trustee Act 1898](/view/html/inforce/2026-04-12/act-1898-034) for the investment of trust funds.","sortOrder":38},{"sectionNumber":"28.","sectionType":"section","heading":null,"content":"### 28.\n\n*\\[Section 28 Repealed by No. 76 of 1995, s. 20 \\]*","sortOrder":39},{"sectionNumber":"29","sectionType":"section","heading":"Capital contribution by Treasurer","content":"### 29 Capital contribution by Treasurer\n\n> *\\[Section 29 Repealed by No. 40 of 1991, s. 3 \\]*\n> \n> > (1)  The Treasurer may pay an amount to TDR as a contribution to its reserves out of money provided by Parliament for the purpose.\n> \n> > (2)  An amount paid under [subsection (1)](#GS29@Gs1@EN) is not a borrowing and is not subject to the payment of interest.","sortOrder":40},{"sectionNumber":"Division 4A","sectionType":"division","heading":"Accounting records, financial statements and reports","content":"## Division 4A Accounting records, financial statements and reports\n\n*\\[Part II, Div. 4A  Inserted by No. 76 of 1995, s. 20 \\]*","sortOrder":41},{"sectionNumber":"29A","sectionType":"section","heading":"Accounting records","content":"### 29A Accounting records\n\n> *\\[Section 29A Inserted by No. 76 of 1995, s. 20 \\]*\n> \n> > (1)  The Board must –\n> > \n> > > > (a) keep such accounting records as correctly record and explain its transactions (including any transactions as trustee) and financial position; and\n> > > \n> > > > (b) keep those records in a manner that –\n> > > > \n> > > > > > (i) allows true and fair accounts of TDR to be prepared from time to time; and\n> > > > > \n> > > > > > (ii) allows its accounts to be conveniently and properly audited or reviewed; and\n> > > > > \n> > > > > > (iii) subject to any contrary written direction given by the Minister to the Board, complies with Australian Accounting Standards; and\n> > > > > \n> > > > > > (iv) complies with any written directions given by the Minister to the Board.\n> \n> > (2)  The Minister may, after consultation with the Treasurer, give written directions to the Board for the purposes of keeping records under [subsection (1)](#GS29A@Gs1@EN) .","sortOrder":42},{"sectionNumber":"29B","sectionType":"section","heading":"Financial statements","content":"### 29B Financial statements\n\n> *\\[Section 29B Inserted by No. 76 of 1995, s. 20 \\]*\n> \n> > (1)  [*\\[Section 29B Subsection (1) amended by No. 42 of 2003, Sched. 1, Applied:04 Jul 2003\\]*](/view/html/inforce/2003-07-04/act-2003-042#JS1@Ja25@GC1@EN) [*\\[Section 29B Subsection (1) substituted by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2008-050#JS2@Ja90@GC1@EN) The Board is to prepare and forward to the Auditor-General a copy of its financial statements for each financial year in accordance with the [Audit Act 2008](/view/html/inforce/2026-04-12/act-2008-049) .\n> \n> > (2)  [*\\[Section 29B Subsection (2) substituted by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2008-050#JS2@Ja90@GC1@EN) Financial statements in respect of a financial year are to include any other financial information required to be included by a direction given under [subsection (4)](#GS29B@Gs4@EN) .\n> \n> > (3)  The financial statements must –\n> > \n> > > > (a) comply with any directions given under [subsection (4)](#GS29B@Gs4@EN) ; and\n> > > \n> > > > (b) subject to such a direction, comply with Australian Accounting Standards; and\n> > > \n> > > > (c) be signed or certified as specified in such a direction.\n> \n> > (4)  The Minister may, after consultation with the Treasurer, give written directions to the Board with respect to the form and contents of the financial statements as he or she considers appropriate.","sortOrder":43},{"sectionNumber":"29C.","sectionType":"section","heading":null,"content":"### 29C.\n\n*\\[Section 29C Inserted by No. 76 of 1995, s. 20 \\]* [*\\[Section 29C Repealed by No. 42 of 2003, Sched. 1, Applied:04 Jul 2003\\]*](/view/html/inforce/2003-07-04/act-2003-042#JS1@Ja25@GC2@EN)","sortOrder":44},{"sectionNumber":"29D.","sectionType":"section","heading":null,"content":"### 29D.\n\n*\\[Section 29D Inserted by No. 76 of 1995, s. 20 \\]* [*\\[Section 29D Amended by No. 50 of 2008, Sched. 1, Applied:01 Mar 2009\\]*](/view/html/inforce/2009-03-01/act-2008-050#JS1@Ja39@GC1@EN) [*\\[Section 29D Repealed by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2008-050#JS2@Ja90@GC2@EN)","sortOrder":45},{"sectionNumber":"29E","sectionType":"section","heading":"Annual report","content":"### 29E Annual report\n\n> *\\[Section 29E Inserted by No. 76 of 1995, s. 20 \\]*\n> \n> > (1)  The Board must prepare for TDR an annual report for each financial year.\n> \n> > (2)  The annual report is to include the following information and documents:\n> > \n> > > > (a) the statement of corporate intent which relates to the corporate plan that takes effect at the beginning of the next financial year;\n> > > \n> > > > (b) the financial statements of TDR for the financial year to which the annual report relates;\n> > > \n> > > > (c) [*\\[Section 29E Subsection (2) amended by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2008-050#JS2@Ja90@GC3@EN) a copy of the opinion of the Auditor-General in respect of the financial statements received under [section 19](/view/html/inforce/2026-04-12/act-2008-049#GS19@EN) of the [Audit Act 2008](/view/html/inforce/2026-04-12/act-2008-049) ;\n> > > \n> > > > (d) a report on the performance of TDR during the financial year to which the annual report relates compared with the performance indicators specified in the corporate plan;\n> > > \n> > > > (e) a report on the operations of TDR during the financial year to which the annual report relates;\n> > > \n> > > > (f) [*\\[Section 29E Subsection (2) amended by No. 42 of 2003, Sched. 1, Applied:04 Jul 2003\\]*](/view/html/inforce/2003-07-04/act-2003-042#JS1@Ja25@GC3@EN) .  .  .  .  .  .  .  .  \n> > > \n> > > > (g) the details of any direction given under [section 15B](#GS15B@EN) ;\n> > > \n> > > > (h) any information relating to the directors, chief executive and employees required by the Minister by written notice provided to the Board to be included;\n> > > \n> > > > (i) any other information that the Minister by written notice provided to the Board requires to be included;\n> > > \n> > > > (j) any other information that the Board considers is appropriate or necessary to properly inform the Minister and Parliament as to the performance and progress of TDR during the financial year to which the annual report relates;\n> > > \n> > > > (k) a summary, by reference to categories, of all loans and grants of money made by TDR, and all guarantees given by the Treasurer on the recommendation of TDR, in respect of the financial year to which the annual report relates;\n> > > \n> > > > (l) particulars of each grant or loan of money made by TDR as the agent of the Minister for the purposes of compliance by the Minister with [section 37](#GS37@EN) [(3)](#GS37@Gs3@EN) [(a)](#GS37@Gs3@Hpa@EN) ;\n> > > \n> > > > (m) a copy of any statement of policy objectives given to TDR under [section 11](#GS11@EN) [(1)](#GS11@Gs1@EN) that was in force for the whole or part of the financial year to which the annual report relates.\n> \n> > (3)  For the purposes of [subsection (2)](#GS29E@Gs2@EN) [(a)](#GS29E@Gs2@Hpa@EN) ,\n> > \n> > > ***next financial year*** means the financial year immediately following the financial year in respect of which the annual report is prepared.\n> \n> > (4)  The Board must provide the annual report to the Minister and the Auditor-General.\n> \n> > (5)  [*\\[Section 29E Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja152@GC6@EN) [Section 36 of the](/view/html/inforce/2026-04-12/act-2000-085#GS36@EN) [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) does not apply in respect of TDR.","sortOrder":46},{"sectionNumber":"29F","sectionType":"section","heading":"Tabling of annual report","content":"### 29F Tabling of annual report\n\n> *\\[Section 29F Inserted by No. 76 of 1995, s. 20 \\]*\n> \n> > (1)  [*\\[Section 29F Subsection (1) amended by No. 42 of 2003, Sched. 1, Applied:04 Jul 2003\\]*](/view/html/inforce/2003-07-04/act-2003-042#JS1@Ja25@GC4@EN) The Minister must cause a copy of the annual report to be laid before each House of Parliament within 4 months after the end of the financial year to which the annual report relates.\n> \n> > (2)  Where the Minister is unable to comply with [subsection (1)](#GS29F@Gs1@EN) for any reason other than that a House of Parliament is not sitting at the expiration of the period specified in that subsection, he or she must, before the expiration of that period, cause to be laid before each House of Parliament a statement specifying the reasons for the failure to comply with that subsection and an estimate of the day by which a copy of the annual report will be ready to be laid before each House of Parliament.\n> \n> > (3)  Where the Minister is unable to cause a copy of the annual report to be laid before a House of Parliament within the period specified in [subsection (1)](#GS29F@Gs1@EN) or by the day specified in a statement referred to in [subsection (2)](#GS29F@Gs2@EN) because either House of Parliament is not sitting at the expiration of that period or on that day, the Minister must –\n> > \n> > > > (a) immediately after the expiration of that period or that day, forward a copy of the annual report to the Clerk of that House of Parliament; and\n> > > \n> > > > (b) within the next 7 sitting days of that House, cause the annual report to be laid before that House.","sortOrder":47},{"sectionNumber":"29G","sectionType":"section","heading":"Quarterly reports","content":"### 29G Quarterly reports\n\n> *\\[Section 29G Inserted by No. 76 of 1995, s. 20 \\]*\n> \n> > (1)  The Board must prepare a report on the operations of TDR for each of the first 3 quarters of a financial year.\n> \n> > (2)  A quarterly report is to be provided to the Minister and the Treasurer –\n> > \n> > > > (a) within 30 days after the end of the quarter; or\n> > > \n> > > > (b) if another period after the end of the quarter is agreed between the Board and the Minister, within the agreed period.\n> \n> > (3)  A quarterly report must include the information required to be given in the report by the Minister by written notice provided to the Board.","sortOrder":48},{"sectionNumber":"29H","sectionType":"section","heading":"Minister may require information","content":"### 29H Minister may require information\n\n> *\\[Section 29H Inserted by No. 76 of 1995, s. 20 \\]*\n> \n> > (1)  The Minister, at his or her discretion or on the request of the Treasurer, may require the Board to provide to the Minister specified in the requirement, information relating to the affairs, or the performance and exercise of the functions and powers, of TDR.\n> \n> > (2)  The Board must comply with a requirement made under [subsection (1)](#GS29H@Gs1@EN) .","sortOrder":49},{"sectionNumber":"29I","sectionType":"section","heading":"Directions, &c., given by Minister","content":"### 29I Directions, &c., given by Minister\n\n> *\\[Section 29I Inserted by No. 76 of 1995, s. 20 \\]*\n> \n> > (1)  A direction given by the Minister under this Division may adopt either wholly or partly and with or without modification, and either specifically or by reference, any Treasurer's Instructions, within the meaning of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) , whenever issued.\n> \n> > (2)  The Board must comply with a direction given to it by the Minister under this Division.","sortOrder":50},{"sectionNumber":"30.","sectionType":"section","heading":null,"content":"### 30.\n\n*\\[Section 30 Repealed by No. 40 of 1991, s. 3 \\]*","sortOrder":51},{"sectionNumber":"Division 5","sectionType":"division","heading":"[Part II, Div. 5 Heading amended by No. 76 of 1995, s. 28 and Sched. 1 ]Advisory committees of TDR","content":"## Division 5 [Part II, Div. 5 Heading amended by No. 76 of 1995, s. 28 and Sched. 1 ]Advisory committees of TDR","sortOrder":52},{"sectionNumber":"31","sectionType":"section","heading":"Power of TDR to establish advisory committees","content":"### 31 Power of TDR to establish advisory committees\n\n> *\\[Section 31 Subsection (3) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*\n> \n> > (1)  *\\[Section 31 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*TDR may establish advisory committees under such names as it may specify, for the purpose of advising or assisting it with respect to any matter relating to the performance of its functions or the exercise of its powers under this or any other Act.\n> \n> > (2)  *\\[Section 31 Subsection (2) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*An advisory committee established under [subsection (1)](#GS31@Gs1@EN) shall comprise such number of persons, holding such qualifications (if any), as TDR may determine.\n> \n> > (3)  [*\\[Section 31 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja152@GC7@EN) *\\[Section 31 Subsection (3) amended by No. 29 of 1984, s. 3 and Sched. 1 \\]*Each member of an advisory committee, other than a State Service officer or State Service employee, is entitled to receive such remuneration and allowances as may be determined by TDR.\n> \n> > (4)  The holding of office as a member of an advisory committee shall be deemed not to be the holding of an office of profit or emolument within the meaning of [section 32 of the](/view/html/inforce/2026-04-12/act-1934-094#GS32@EN) [Constitution Act 1934](/view/html/inforce/2026-04-12/act-1934-094) .\n> \n> > (5)  *\\[Section 31 Subsection (5) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*Meetings of an advisory committee shall be held in accordance with such directions as may be given by TDR.\n> \n> > (6)  An advisory committee may obtain assistance, information, and advice from any person.\n> \n> > (7)  Except as provided by this section, an advisory committee may regulate its own procedure.","sortOrder":53},{"sectionNumber":"Division 6","sectionType":"division","heading":"Appointment and powers of administrator","content":"## Division 6 Appointment and powers of administrator","sortOrder":54},{"sectionNumber":"32","sectionType":"section","heading":"Appointment and powers of administrator","content":"### 32 Appointment and powers of administrator\n\n> > (1)  *\\[Section 32 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*The Governor may, by order, appoint an administrator to administer the affairs and activities of TDR if the Minister certifies in writing that –\n> > \n> > > > (a) TDR has failed to perform a duty arising from a statement of policy objectives given to it under [section 11](#GS11@EN) [(1)](#GS11@Gs1@EN) ; or\n> > > \n> > > > (b) it is in the public interest for an administrator to be appointed to wind up the affairs and activities of TDR.\n> \n> > (2)  *\\[Section 32 Subsection (2) substituted by No. 29 of 1984, s. 3 and Sched. 1 \\]**\\[Section 32 Subsection (2) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*[*\\[Section 32 Subsection (2) substituted by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja152@GC8@Hpa@EN) A State Service officer or State Service employee may, subject to the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) , hold office as administrator of TDR in conjunction with State Service employment.\n> \n> > (3)  *\\[Section 32 Subsection (3) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*On the appointment of an administrator under [subsection (1)](#GS32@Gs1@EN) , the Minister shall serve on TDR a copy of the instrument of the appointment and on the service of the copy of that instrument –\n> > \n> > > > (a) the functions of TDR shall be performed, and the powers of TDR may be exercised, by the administrator in the name and on behalf of TDR until his office is vacated under this section;\n> > > \n> > > > (b) the directors shall cease to hold office;\n> > > \n> > > > (c) the administrator shall assume, and be responsible for, the management of TDR; and\n> > > \n> > > > (d) any delegation made by TDR under [section 19](#GS19@EN) [(1)](#GS19@Gs1@EN) shall cease to have effect.\n> \n> > (4)  *\\[Section 32 Subsection (4) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*Subject to this section, an administrator appointed under this section –\n> > \n> > > > (a) shall, as soon as practicable after his appointment as such, take into his custody or under his control all the property and things in action to which TDR is, or appears to be, entitled; and\n> > > \n> > > > (b) shall, subject to and in accordance with any direction given to him by the Minister, perform the functions and exercise the powers of TDR in such manner as the administrator thinks fit.\n> \n> > (5)  *\\[Section 32 Subsection (5) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*An administrator of TDR shall be deemed to have vacated his office –\n> > \n> > > > (a) when he dies;\n> > > \n> > > > (b) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors, or makes an assignment of his remuneration or estate for their benefit;\n> > > \n> > > > (c) if he is convicted in Tasmania of a crime or an offence which is punishable by imprisonment for a period of not less than 12 months, or if he is convicted elsewhere than in Tasmania of an offence which, if committed in Tasmania, would be a crime or an offence so punishable;\n> > > \n> > > > (d) if he resigns his office by writing under his hand addressed to the Governor; or\n> > > \n> > > > (e) if his appointment is revoked by the Governor under [subsection (6)](#GS32@Gs6@EN) .\n> \n> > (6)  The Governor may revoke the appointment of an administrator appointed under this section.\n> \n> > (7)  Where the office of administrator is deemed to have been vacated under [subsection (5)](#GS32@Gs5@EN) , the Governor may, by instrument in writing, appoint another person to fill the vacancy.\n> \n> > (8)  An administrator appointed under this section shall be paid such remuneration, allowances, and expenses (if any) as the Governor may determine.\n> \n> > (9)  [*\\[Section 32 Subsection (9) amended by No. 1 of 2016, Sched. 1, Applied:08 Apr 2016\\]*](/view/html/inforce/2016-04-08/act-2016-001#JS1@Ja6@GC1@EN) [*\\[Section 32 Subsection (9) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja152@GC8@Hpb@EN) *\\[Section 32 Subsection (9) amended by No. 29 of 1984, s. 3 and Sched. 1 \\]*Notwithstanding [subsection (8)](#GS32@Gs8@EN) , where a State Service officer or State Service employee is appointed as administrator under this section, he is entitled to receive, by way of remuneration, allowances, and expenses, such amounts (if any) as the Governor, on the recommendation of the Minister administering the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) , may determine.","sortOrder":55},{"sectionNumber":"33","sectionType":"section","heading":"Expenses of administration","content":"### 33 Expenses of administration\n\n> > (1)  *\\[Section 33 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*The expenses of and incidental to the administration of the affairs and activities of TDR by an administrator appointed under [section 32](#GS32@EN) are payable by TDR.\n> \n> > (2)  [*\\[Section 33 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja152@GC9@Hpa@EN) *\\[Section 33 Subsection (2) substituted by No. 46 of 1991, s. 5 and Sched. 3 \\]**\\[Section 33 Subsection (2) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*The remuneration, allowances and expenses of an administrator of TDR who is not a State Service officer or State Service employee is an expense referred to in [subsection (1)](#GS33@Gs1@EN) .\n> \n> > (3)  [*\\[Section 33 Subsection (3) amended by No. 1 of 2016, Sched. 1, Applied:08 Apr 2016\\]*](/view/html/inforce/2016-04-08/act-2016-001#JS1@Ja6@GC2@Hpb@EN) [*\\[Section 33 Subsection (3) amended by No. 1 of 2016, Sched. 1, Applied:08 Apr 2016\\]*](/view/html/inforce/2016-04-08/act-2016-001#JS1@Ja6@GC2@Hpa@EN) [*\\[Section 33 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja152@GC9@Hpc@EN) [*\\[Section 33 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja152@GC9@Hpb@EN) *\\[Section 33 Subsection (3) substituted by No. 29 of 1984, s. 3 and Sched. 1 \\]**\\[Section 33 Subsection (3) amended by No. 76 of 1995, s. 3 and Sched. 1 \\]*Where an administrator of TDR is a State Service officer or State Service employee, the reimbursement to the Crown of an amount certified by the Minister administering the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) in respect of the remuneration, allowances, and expenses of that officer or employee is an expense referred to in [subsection (1)](#GS33@Gs1@EN) .","sortOrder":56},{"sectionNumber":"34","sectionType":"section","heading":"Liability for losses incurred during administration","content":"### 34 Liability for losses incurred during administration\n\n> *\\[Section 34 Amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*An administrator of TDR is not liable for any loss incurred by TDR during his term of office unless the loss was attributable to –\n> \n> > > (a) his wilful misconduct;\n> > \n> > > (b) his gross negligence; or\n> > \n> > > (c) his wilful failure to comply with any provision of this Act.","sortOrder":57},{"sectionNumber":"Part III","sectionType":"part","heading":"State Assistance to Business Undertakings","content":"# Part III State Assistance to Business Undertakings","sortOrder":58},{"sectionNumber":"35","sectionType":"section","heading":"Loans by Minister","content":"### 35 Loans by Minister\n\n> > (1)  *\\[Section 35 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*Where, on an application for a loan under [section 9](#GS9@EN) [(2)](#GS9@Gs2@EN) [(b)](#GS9@Gs2@Hpb@EN) , TDR is of opinion that the grant of the loan would not be in accordance with the powers conferred by that section but that the grant of a loan would assist in the development, expansion, or retention of a business undertaking, TDR may recommend to the Minister that he grant a loan of money under this section.\n> \n> > (2)  *\\[Section 35 Subsection (2) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*On making a recommendation under [subsection (1)](#GS35@Gs1@EN) TDR shall refer the application for the loan to the Minister and shall provide the Minister with such additional information as it thinks fit.\n> \n> > (3)  *\\[Section 35 Subsection (3) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*Where TDR makes a recommendation under [subsection (1)](#GS35@Gs1@EN) that a loan of money be granted to a person, the Minister may, with the approval of the Treasurer and for the purposes of this Act, make a loan of money to that person, with or without security and on such terms and conditions as the Minister thinks fit.\n> \n> > (4)  *\\[Section 35 Subsection (4) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*For the purposes of this section –\n> > \n> > > > (a) TDR shall provide the Minister with such information as he may request; and\n> > > \n> > > > (b) the Minister may direct TDR to carry out such investigations, and to make recommendations to him on such questions, as he may determine.\n> \n> > (5)  *\\[Section 35 Subsection (5) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*TDR shall comply with a direction given to it by the Minister under [subsection (4)](#GS35@Gs4@EN) [(b)](#GS35@Gs4@Hpb@EN) .","sortOrder":59},{"sectionNumber":"36","sectionType":"section","heading":"Power of Treasurer to give guarantees","content":"### 36 Power of Treasurer to give guarantees\n\n> > (1)  Where the Treasurer is of the opinion that it will assist the development, expansion, or retention of a business undertaking to do so, the Treasurer may, on behalf of the State but subject to this section, guarantee –\n> > \n> > > > (a) the repayment of money lent, or agreed to be lent, to a person; and\n> > > \n> > > > (b) the performance by a person of any obligation arising from, or in any way incidental to, assistance provided or to be provided, whether under this Act or not, for the purpose of a business undertaking.\n> \n> > (2)  The power of the Treasurer under [subsection (1)](#GS36@Gs1@EN) to guarantee the repayment of money lent or agreed to be lent includes a power to guarantee the payment to the lender of interest and other charges payable by the borrower in respect of that money.\n> \n> > (3)  *\\[Section 36 Subsection (3) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*A guarantee under [subsection (1)](#GS36@Gs1@EN) shall, subject to [subsection (4)](#GS36@Gs4@EN) , be given only –\n> > \n> > > > (a) on the recommendation of TDR and with the approval of the Minister;\n> > > \n> > > > (b) on such terms and conditions as the Treasurer may determine; and\n> > > \n> > > > (c) by instrument in writing.\n> \n> > (4)  *\\[Section 36 Subsection (4) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*If the Treasurer is satisfied that urgent assistance is required for the retention of a business undertaking in Tasmania, the Treasurer may give a guarantee under [subsection (1)](#GS36@Gs1@EN) without the recommendation of TDR or the approval of the Minister.\n> \n> > (5)  A guarantee under this section operates so as to guarantee –\n> > \n> > > > (a) the repayment of money lent, or agreed to be lent, to the borrower;\n> > > \n> > > > (b) the payment of interest and other charges in respect of that money; and\n> > > \n> > > > (c) any liability arising from a failure to perform an obligation mentioned in [subsection (1)](#GS36@Gs1@EN) [(b)](#GS36@Gs1@Hpb@EN) –\n> > \n> > only to the extent that the aggregate of those amounts and any such liability does not exceed $2 000 000.\n> \n> > (6)  Before a guarantee is given under this section, the borrower shall, if the Treasurer so requires, give to the Treasurer such security as he may specify and shall execute such instruments as may be necessary for the purpose.\n> \n> > (7)  *\\[Section 36 Subsection (7) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*A guarantee under this section –\n> > \n> > > > (a) may, subject to [subsection (8)](#GS36@Gs8@EN) , be given to a person notwithstanding that another such guarantee to that person has been given or is in force; and\n> > > \n> > > > (b) on the recommendation of TDR and with the consent of the person whose loan to the borrower is guaranteed, may be varied or revoked by the Treasurer.\n> \n> > (8)  If 2 or more guarantees to a person are in force under this section, the second or any subsequent guarantee operates so as to guarantee –\n> > \n> > > > (a) the repayment of money lent, or agreed to be lent, to that person;\n> > > \n> > > > (b) the payment of interest and other charges in respect of that money; and\n> > > \n> > > > (c) any liability arising from a failure to perform an obligation mentioned in [subsection (1)](#GS36@Gs1@EN) [(b)](#GS36@Gs1@Hpb@EN) –\n> > \n> > only so long as the aggregate amount of the liability incurred by the Treasurer under this section in respect of all those guarantees does not exceed $2 000 000.\n> \n> > (9)  [*\\[Section 36 Subsection (9) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja121@GC6@Hpb@EN) [*\\[Section 36 Subsection (9) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja121@GC6@Hpa@EN) *\\[Section 36 Subsection (9) amended by No. 36 of 1988, s. 7 and Sched. 1 \\]*The amount of any liability incurred under a guarantee given under this section shall be a charge on the Public Account and shall be payable out of the Public Account without further appropriation than this section.","sortOrder":60},{"sectionNumber":"37","sectionType":"section","heading":"Powers of Governor as to loans, grants, and guarantees","content":"### 37 Powers of Governor as to loans, grants, and guarantees\n\n> > (1)  *\\[Section 37 Subsection (1) amended by No. 39 of 1986, s. 5 \\]*Where the Governor is satisfied, on the recommendation of the Treasurer and the Minister, that the development, expansion, or retention of a business undertaking by any person or the proposed activities of a public authority will be of special significance to the economic development of the State, the Governor may direct that a loan or grant of money or a guarantee shall be given to that person or public authority under this Part.\n> \n> > (2)  *\\[Section 37 Subsection (2) omitted by No. 39 of 1986, s. 5 \\]*.  .  .  .  .  .  .  .  \n> \n> > (3)  *\\[Section 37 Subsection (3) amended by No. 39 of 1986, s. 5 \\]*On a direction by the Governor under [subsection (1)](#GS37@Gs1@EN) –\n> > \n> > > > (a) the Minister shall make a grant or loan of money on such terms and conditions as the Governor may direct; or\n> > > \n> > > > (b) the Treasurer shall, by instrument in writing, give a guarantee on such terms and conditions as the Governor may direct.\n> \n> > (4)  The provisions of [section 36](#GS36@EN) [(2)](#GS36@Gs2@EN) , [(6)](#GS36@Gs6@EN) , and [(9)](#GS36@Gs9@EN) apply to, and in relation to, a guarantee given by the Treasurer under [subsection (3)](#GS37@Gs3@EN) [(b)](#GS37@Gs3@Hpb@EN) and any such guarantee –\n> > \n> > > > (a) may be given to a person notwithstanding that another guarantee under this Part to that person has been given or is in force; and\n> > > \n> > > > (b) with the consent of the person whose loan to the borrower is guaranteed, may be varied or revoked by the Treasurer.\n> \n> > (5)  *\\[Section 37 Subsection (5) substituted by No. 55 of 1985, s. 5 \\]**\\[Section 37 Subsection (5) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*[*\\[Section 37 Subsection (5) omitted by No. 13 of 2024, s. 5, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-013#GS5@EN) .  .  .  .  .  .  .  .","sortOrder":61},{"sectionNumber":"37A","sectionType":"section","heading":"Funding of grants and loans under this Part","content":"### 37A Funding of grants and loans under this Part\n\n> [*\\[Section 37A Inserted by No. 13 of 2024, s. 6, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-013#GS6@EN)\n> \n> > (1)  A grant or loan of money under this Part may be paid from –\n> > \n> > > > (a) money appropriated by Parliament for the purpose; or\n> > > \n> > > > (b) the funds of TDR, as determined by the Treasurer.\n> \n> > (2)  For the avoidance of doubt, the funding of a grant or loan under this Part is a purpose for which TDR may borrow money under [section 24](#GS24@EN) .\n> \n> > (3)  A grant or loan that was granted or made, under this Part, before the commencement of the *Tasmanian Development Amendment Act 2024* is not invalid solely on the basis that it was paid from –\n> > \n> > > > (a) the funds of TDR; or\n> > > \n> > > > (b) money appropriated by Parliament for the purpose.","sortOrder":62},{"sectionNumber":"Part IV","sectionType":"part","heading":"Miscellaneous and Supplemental","content":"# Part IV Miscellaneous and Supplemental","sortOrder":63},{"sectionNumber":"38","sectionType":"section","heading":"Power of Minister to convene and attend meetings","content":"### 38 Power of Minister to convene and attend meetings\n\n> > (1)  *\\[Section 38 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*The Minister may cause to be convened a special meeting of the Board, and may –\n> > \n> > > > (a) attend special and ordinary meetings of, and confer with, the Board; and\n> > > \n> > > > (b) at any meeting at which he is present obtain any information which he may require upon any matter relating to the activities and affairs of TDR or any advisory committee established under [section 31](#GS31@EN) .\n> \n> > (2)  The Minister may report to the Governor, or to Parliament, any information arising from any meeting of the Board or obtained by him under [subsection (1)](#GS38@Gs1@EN) .","sortOrder":64},{"sectionNumber":"38A","sectionType":"section","heading":"Delegation by Minister","content":"### 38A Delegation by Minister\n\n> [*\\[Section 38A Inserted by No. 13 of 2024, s. 7, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-013#GS7@EN) The Minister may delegate, in writing, any of the administrative or managerial functions, or powers, of the Minister under this Act, other than this power of delegation.","sortOrder":65},{"sectionNumber":"39","sectionType":"section","heading":"Duty of TDR to report to Minister on operation of certain laws, &c.","content":"### 39 Duty of TDR to report to Minister on operation of certain laws, &c.\n\n> *\\[Section 39 Amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*In the administration of this Act it is the duty of TDR to advise and report to the Minister as it may think fit on the operation and administration of the law to persons, or any class of persons, engaged in any business undertaking in Tasmania and to make such recommendations as to the amendment of the law or changes in administrative procedures as it thinks necessary or desirable.","sortOrder":66},{"sectionNumber":"40","sectionType":"section","heading":"Indemnity for directors and officers","content":"### 40 Indemnity for directors and officers\n\n> *\\[Section 40 Amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*Except as provided in this Part, a director or officer of TDR shall not incur any personal liability in respect of any act, matter, or thing done, or omitted to be done, in good faith in the execution or purported execution of the provisions of this Act.","sortOrder":67},{"sectionNumber":"41.","sectionType":"section","heading":null,"content":"### 41.\n\n*\\[Section 41 Repealed by No. 76 of 1995, s. 21 \\]*","sortOrder":68},{"sectionNumber":"42","sectionType":"section","heading":"Disclosure of interests in contracts, grants, &c.","content":"### 42 Disclosure of interests in contracts, grants, &c.\n\n> > (1)  *\\[Section 42 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*Subject to this section, a director who is in any way whether directly or indirectly, interested in a contract, grant, or recommendation made, or proposed to be made, by TDR under this or any other Act shall, as soon as practicable after the relevant facts have come to his knowledge, declare the nature of his interest at a meeting of the Board.\n> \n> > (2)  *\\[Section 42 Subsection (2) amended by No. 76 of 1995, s. 22 and s. 28 and Sched. 1 \\]*Subject to this section, an authorized officer who is in any way, whether directly or indirectly, interested in a contract, grant, or recommendation made, or proposed to be made, by TDR under this or any other Act shall, as soon as practicable after –\n> > \n> > > > (a) his appointment as an authorized officer; or\n> > > \n> > > > (b) the relevant facts have come to his knowledge –\n> > \n> > as the case may require, provide the Board of TDR with a statement in writing giving full particulars of that interest and shall not perform any duties, or continue to perform any duties, in respect of the contract, grant, or guarantee.\n> \n> > (3)  *\\[Section 42 Subsection (3) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*Subject to this section, an administrator who is in any way, whether directly or indirectly, interested in a contract, grant, or recommendation made by TDR under this or any other Act or any such contract, grant, or recommendation proposed to be made by the administrator shall, as soon as practicable after –\n> > \n> > > > (a) his appointment as administrator; or\n> > > \n> > > > (b) the relevant facts have come to his knowledge –\n> > \n> > as the case may require, provide the Minister with a statement in writing giving full particulars of that interest.\n> \n> > (4)  The requirements of this section do not apply in any case where the interest of a director, administrator, or authorized officer consists only of being a member or creditor of a company that is interested in a contract, grant, or recommendation referred to in this section if the interest of the director, administrator, or authorized officer may properly be regarded as not being a material interest.\n> \n> > (5)  A disclosure by a director under [subsection (1)](#GS42@Gs1@EN) shall be recorded in the minutes of the Board.\n> \n> > (6)  A director who discloses an interest under this section shall not be present during any deliberation of the Board with respect to that matter.\n> \n> > (7)  *\\[Section 42 Subsection (7) amended by No. 36 of 1988, s. 7 and Sched. 1 \\]*A director, authorized officer, or administrator who contravenes, or fails to comply with, [subsection (1)](#GS42@Gs1@EN) , [(2)](#GS42@Gs2@EN) , or [(3)](#GS42@Gs3@EN) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units or imprisonment for a period not exceeding 3 months, or both.","sortOrder":69},{"sectionNumber":"43","sectionType":"section","heading":"Loans to directors, &c.","content":"### 43 Loans to directors, &c.\n\n> *\\[Section 43 Amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*[*\\[Section 43 Substituted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja63@GC1@EN)\n> \n> > (1)  TDR shall not, whether directly or indirectly, make a loan to –\n> > \n> > > > (a) a director or the spouse or partner of a director; or\n> > > \n> > > > (b) a company, where a director or the spouse or partner of a director has, or both of them have, a direct or indirect beneficial interest in shares in the company, the nominal value of which is not less than 10 per cent of the nominal value of the issued share capital of the company.\n> \n> > (2)  In this section,\n> > \n> > > ***partner*** means the person with whom a director is in a personal relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) .","sortOrder":70},{"sectionNumber":"44","sectionType":"section","heading":"Register of directors' shareholdings, &c.","content":"### 44 Register of directors' shareholdings, &c.\n\n> > (1)  *\\[Section 44 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*TDR shall keep a register showing, with respect to each director and authorized officer, particulars of –\n> > \n> > > > (a) shares in any company in which the director or authorized officer has any interest; and\n> > > \n> > > > (b) any other interest in a company that is held by the director or authorized officer –\n> > \n> > and the nature and extent of any such interest.\n> \n> > (2)  *\\[Section 44 Subsection (2) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*A register kept by TDR pursuant to [subsection (1)](#GS44@Gs1@EN) shall be open for inspection by any member of the public without charge.","sortOrder":71},{"sectionNumber":"45","sectionType":"section","heading":"Requirement for secrecy","content":"### 45 Requirement for secrecy\n\n> > (1)  *\\[Section 45 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*A director, administrator, or officer of TDR who, in the course of the administration of this Act, obtains any information as to a process, technique, practice, plan, invention, specification, prototype, or design shall maintain and aid in maintaining the secrecy of that information except for the purposes of the administration of this Act.\n> \n> > (2)  *\\[Section 45 Subsection (2) amended by No. 36 of 1988, s. 7 and Sched. 1 \\]**\\[Section 45 Subsection (2) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*A director, administrator, or officer of TDR who contravenes [subsection (1)](#GS45@Gs1@EN) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units or imprisonment for a period not exceeding 3 months, or both.","sortOrder":72},{"sectionNumber":"46","sectionType":"section","heading":"Time for bringing proceedings","content":"### 46 Time for bringing proceedings\n\n> Notwithstanding [section 26 of the](/view/html/inforce/2026-04-12/act-1959-077#GS26@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) , proceedings for an offence against this Act may commence at any time within a period of 2 years after the time when the offence is alleged to have been committed.","sortOrder":73},{"sectionNumber":"47","sectionType":"section","heading":"Exemptions in respect of certain executed documents","content":"### 47 Exemptions in respect of certain executed documents\n\n> > (1)  In [subsection (2)](#GS47@Gs2@EN) ,\n> > \n> > > ***prescribed industry*** means an industry declared pursuant to [subsection (3)](#GS47@Gs3@EN) to be an industry to which this section applies.\n> \n> > (2)  [*\\[Section 47 Subsection (2) amended by No. 15 of 2001, Sched. 2, Applied:01 Jul 2001\\]*](/view/html/inforce/2001-07-01/act-2001-015#JS2@Ja17@GC1@EN) Notwithstanding the [Stamp Duties Act 1931](/view/html/inforce/2026-04-12/act-1931-019) , the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) , and the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) , a document executed to secure a loan made under this Act for the purpose of a prescribed industry or to release any such loan is not liable to any, filing fees, or registration fees.\n> \n> > (3)  The Minister may, with the approval of the Treasurer and by order published in the *Gazette*, declare that an industry specified in the order shall be an industry to which this section applies.","sortOrder":74},{"sectionNumber":"48","sectionType":"section","heading":"Regulations","content":"### 48 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  *\\[Section 48 Subsection (2) amended by No. 55 of 1985, s. 8 \\]**\\[Section 48 Subsection (2) amended by No. 76 of 1995, s. 23 and s. 28 and Sched. 1 \\]*Without limiting the generality of [subsection (1)](#GS48@Gs1@EN) , the regulations may make provision for, or with respect to –\n> > \n> > > > (a) the duties of the directors, an administrator, and the officers of TDR;\n> > > \n> > > > (b) the issue of debentures and inscribed stock under [section 24](#GS24@EN) [(1)](#GS24@Gs1@EN) and the rights and duties of the holders of any such debentures or inscribed stock; and\n> > > \n> > > > (c) subject to [Schedule 4](#JS4@EN) , matters of a transitional or savings nature consequent on the enactment of this Act or any amending Act, including the procedure to be followed by TDR in registering a mortgage under [clause 8](#JS4@HSII@GC8@EN) of [Part II](#JS4@HSII@EN) of [Schedule 4](#JS4@EN) .\n> \n> > (3)  *\\[Section 48 Subsection (3) amended by No. 36 of 1988, s. 7 and Sched. 1 \\]**\\[Section 48 Subsection (3) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*The regulations referred to in [subsection (2)](#GS48@Gs2@EN) [(a)](#GS48@Gs2@Hpa@EN) may provide –\n> > \n> > > > (a) that it is an offence, punishable on summary conviction, for a person to contravene, or fail to comply with, any of the regulations and may provide in respect of any such offence for the imposition of a penalty not exceeding 100 penalty units or imprisonment for a period not exceeding 2 years, or both; and\n> > > \n> > > > (b) for the recovery by TDR of –\n> > > > \n> > > > > > (i) any profit gained by any person; or\n> > > > > \n> > > > > > (ii) compensation in case of any loss or damage suffered by TDR –\n> > > > \n> > > > as a result of a contravention or failure to comply with the regulations.\n> \n> > (4)  *\\[Section 48 Subsection (4) amended by No. 36 of 1958, s. 7 and Sched. 1 \\]*The regulations, other than those referred to in [subsection (2)](#GS48@Gs2@EN) [(a)](#GS48@Gs2@Hpa@EN) , may provide that it is an offence, punishable on summary conviction, for a person to contravene, or fail to comply with, any of the regulations and may provide in respect of any such offence for the imposition of a penalty not exceeding 10 penalty units or imprisonment for a period not exceeding 3 months, or both.\n> \n> > (5)  *\\[Section 48 Subsection (5) amended by No. 55 of 1985, s. 8 \\]*Regulations under this section –\n> > \n> > > > (a) may be made subject to such conditions, or be made so as to apply differently according to such factors, as may be specified in the regulations, or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified;\n> > > \n> > > > (b) may take effect on the commencement day or on a later day; and\n> > > \n> > > > (c) [*\\[Section 48 Subsection (5) amended by No. 2 of 2011, Sched. 1, Applied:30 Jan 2012\\]*](/view/html/inforce/2012-01-30/act-2011-002#JS1@Ja9@GC1@EN) if they are made under [subsection (2)](#GS48@Gs2@EN) [(c)](#GS48@Gs2@Hpc@EN) , may have effect notwithstanding the [Personal Property Securities Act 2009](/view/html/inforce/2026-04-12/act-9999-999) of the Commonwealth, and the provisions of the [State Advances Act 1935](/view/html/inforce/2026-04-12/act-9999-999) continued in force by virtue of [clause 3](#JS4@HSII@GC3@EN) of [Part II](#JS4@HSII@EN) of [Schedule 4](#JS4@EN) .","sortOrder":75},{"sectionNumber":"49","sectionType":"section","heading":"Dissolution of Agricultural Bank and certain boards, repeals, &c.","content":"### 49 Dissolution of Agricultural Bank and certain boards, repeals, &c.\n\n> > (1AA)  *\\[Section 49 Subsection (1AA) inserted by No. 76 of 1995, s. 24 \\]*In this section,\n> > \n> > > ***transitional functions*** means any function, power or right of TDR arising from the transitional and savings provisions specified in [Schedule 4](#JS4@EN) .\n> \n> > (1)  On the commencement day –\n> > \n> > > > (a) the Agricultural Bank of Tasmania and the Board of Management of the Agricultural Bank of Tasmania are dissolved;\n> > > \n> > > > (b) the Closer Settlement Board and the Rural Reconstruction Board are dissolved;\n> > > \n> > > > (c) the transitional and savings provisions specified in [Schedule 4](#JS4@EN) have effect; and\n> > > \n> > > > (d) the Acts specified in [Schedule 5](#JS5@EN) are repealed.\n> \n> > (1A)  *\\[Section 49 Subsection (1A) inserted by No. 76 of 1995, s. 24 \\]*For the purposes of exercising any transitional functions of TDR on or after 1 July 1995, references in [Schedule 4](#JS4@EN) to \"the Authority\" are taken to be references to TDR.\n> \n> > (2)  A person who ceases to hold an appointment by reason of [subsection (1)](#GS49@Gs1@EN) is not entitled to be paid any remuneration or compensation by reason of his ceasing to hold that office.\n> \n> > (3)  Except to the extent that a provision of this Act is inconsistent with a provision of [section 16 of the](/view/html/inforce/2026-04-12/act-1931-059#GS16@EN) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) , that section shall apply to, and in relation to, an Act repealed by [subsection (1)](#GS49@Gs1@EN) [(d)](#GS49@Gs1@Hpd@EN) .","sortOrder":76},{"sectionNumber":"SCHEDULE 1 - Provisions with R","sectionType":"part","heading":"SCHEDULE 1 - Provisions with Respect to Directors","content":"# SCHEDULE 1 - Provisions with R SCHEDULE 1 - Provisions with Respect to Directors\n\n[Section 5](#GS5@EN) [(4)](#GS5@Gs4@EN)\n\n> **1.   **Term of office of directors****\n> \n> > > (1) *\\[Schedule 1 Clause 1Subclause (1) amended by No. 76 of 1995, s. 25 \\]*Except in the case of the chief executive, a director shall be appointed for such term, not exceeding 5 years, as is specified in the instrument of his appointment and shall, if otherwise qualified, be eligible for re-appointment from time to time for such term, not exceeding 5 years, as may be specified in the instrument of his re-appointment.\n> > \n> > > (2) *\\[Schedule 1 Clause 1Subclause (2) omitted by No. 76 of 1995, s. 25 \\]*.  .  .  .  .  .  .  .  \n\n> **2.   **Remuneration of directors****\n> \n> > A director shall be paid such remuneration and allowances as the Governor may determine.\n\n> **3.    **[State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) not to apply****\n> \n> > *\\[Schedule 1 Clause 3 amended by No. 29 of 1984, s. 3 and Sched. 1 \\]*[*\\[Schedule 1 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja152@GC10@EN) The provisions of the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) do not apply to, or in respect of, the appointment of a director and a director shall not, in his capacity as such, be subject to the provisions of that Act during his term of office.\n\n> **4.   **Appointment of alternate directors to act during absence of director****\n> \n> > > (1) *\\[Schedule 1 Clause 4Subclause (1) amended by No. 76 of 1995, s. 25 \\]*Where a director is out of Tasmania or unable to perform the duties of his office by reason of illness or for any other reason that the Minister deems sufficient, the Governor may appoint an alternate director to act in his place in accordance with this clause.\n> > \n> > > (2) *\\[Schedule 1 Clause 4Subclause (2) amended by No. 76 of 1995, s. 28 and Sched. 2 \\]*For the purposes of this clause –\n> > > \n> > > > > (a) the Governor may appoint any person (including a director other than the chairperson) to act in the office of the chairperson;\n> > > > \n> > > > > (b) a director other than the chairperson shall be deemed to be absent from his office if he is acting in the office of chairperson pursuant to [paragraph (a)](#JS1@GC4@Gc2@Hpa@EN) ; and\n> > > > \n> > > > > (c) a director shall be deemed to be absent from his office if there is a vacancy in that office which has not been filled in accordance with [clause 6](#JS1@GC6@EN) .\n> > \n> > > (3) A person shall not be concerned to inquire whether or not any occasion has arisen requiring or authorizing a person to act in the office of a director, and all things done or omitted to be done by that person while so acting shall be as valid, and shall have the same consequences, as if they had been done or omitted to be done by that person.\n\n> **5.   **Vacation of office****\n> \n> > *\\[Schedule 1 Clause 5Subclause (1) amended by No. 63 of 1996, s. 8 \\]*\n> > \n> > > (1) A director shall be deemed to have vacated his office –\n> > > \n> > > > > (a) when he dies;\n> > > > \n> > > > > (b) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors, or makes an assignment of his remuneration or estate for their benefit;\n> > > > \n> > > > > (c) if he is absent from 3 consecutive ordinary meetings of the Board of which reasonable notice has been given to him, either personally or in the ordinary course of post, unless on leave granted by TDR or unless, before the expiration of 3 weeks after the last of those meetings, he is excused by the Board for his absence from those meetings;\n> > > > \n> > > > > (d) if he is convicted in Tasmania of a crime or an offence which is punishable by imprisonment for a period of not less than 12 months, or if he is convicted elsewhere than in Tasmania of an offence which, if committed in Tasmania, would be a crime or an offence so punishable; or\n> > > > \n> > > > > (e) if he resigns his office by writing under his hand addressed to the Governor and the Governor accepts the resignation.\n> > \n> > > (2) The Governor may remove a director from office if the Governor is satisfied –\n> > > \n> > > > > (a) that TDR has failed to perform a duty arising from a statement of policy objectives given to it by the Minister under [section 11](#GS11@EN) [(1)](#GS11@Gs1@EN) ; or\n> > > > \n> > > > > (b) that it is necessary or desirable to do so in order that TDR may achieve its objectives.\n> > \n> > > (3) The Governor may remove a director from office for misbehaviour or incompetence or if the Governor is satisfied that the director –\n> > > \n> > > > > (a) has participated, or has claimed to be entitled to participate, in the profit of, or in any benefit arising from, any contract made by, or on behalf of, TDR other than a contract for a service ordinarily supplied by TDR, on the same terms as that service is supplied to other persons in the same situation;\n> > > > \n> > > > > (b) has voted at any meeting of TDR in respect of any matter in which he was at that time interested (otherwise than as a member of the public or as an elector of, or ratepayer to, any municipality, or as a shareholder in a company in which there were at that time more than 20 members and of which he was not at that time a director or officer); or\n> > > > \n> > > > > (c) is unable to perform adequately the duties of his office.\n\n> **6.   **Filling of casual vacancies****\n> \n> > On the occurrence of a vacancy in the office of a director of the Board, the Governor may appoint a person nominated by the Minister to the vacant office for the balance of his predecessor's term of office.\n\n> **7.   **Validity of proceedings, &c.****\n> \n> > *\\[Schedule 1 Clause 7Subclause (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]**\\[Schedule 1 Clause 7Subclause (2) amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*\n> > \n> > > (1) No act or proceeding of TDR or of any person acting pursuant to any direction of TDR is invalidated or prejudiced by reason only of the fact that, at the time when the act or proceeding was done, taken, or commenced, there was a vacancy in the office of a director of the Board.\n> > \n> > > (2) All acts and proceedings of TDR or of any person acting pursuant to any direction of TDR are, notwithstanding the subsequent discovery of any defect in the appointment of any director of the Board or that any person was disqualified from acting as, or incapable of being, a director of the Board, as valid as if the director had been duly appointed and was qualified to act as, or capable of being, a director, and as if the Board had been fully constituted.\n\n> **8.   **Evidentiary provision****\n> \n> > *\\[Schedule 1 Clause 8 amended by No. 76 of 1995, s. 28 and Sched. 1 \\]*In any proceedings by or against TDR, unless evidence is given to the contrary, no proof shall be required of –\n> > \n> > > > (a) the constitution of TDR;\n> > > \n> > > > (b) any resolution of the Board;\n> > > \n> > > > (c) the appointment of any director of the Board; or\n> > > \n> > > > (d) the presence of a quorum at any meeting of the Board.","sortOrder":77},{"sectionNumber":"SCHEDULE 2 - Provisions with R","sectionType":"part","heading":"SCHEDULE 2 - Provisions with Respect to Meetings of the Board","content":"# SCHEDULE 2 - Provisions with R SCHEDULE 2 - Provisions with Respect to Meetings of the Board\n\n[Section 5](#GS5@EN) [(5)](#GS5@Gs5@EN)\n\n> **1.**   *\\[Schedule 2 Clause 1 repealed by No. 76 of 1995, s. 26 \\]*.  .  .  .  .  .  .  .  \n\n> **2.   **Convening of meetings of the Board****\n> \n> > *\\[Schedule 2 Clause 2Subclause (2) amended by No. 76 of 1995, s. 28 and Sched. 2 \\]*\n> > \n> > > (1) The Board shall meet on at least 11 occasions in each calendar year.\n> > \n> > > (2) A meeting of the Board may be convened by the chairperson or by any 2 directors.\n\n> **3.   **Procedure at meetings****\n> \n> > *\\[Schedule 2 Clause 3Subclause (4) amended by No. 76 of 1995, s. 26 \\]*\n> > \n> > > (1) Three directors shall form a quorum at any duly convened meeting of the Board.\n> > \n> > > (2) For the purpose of [subclause (1)](#JS2@GC3@Gc1@EN) , a director who discloses an interest under [section 42](#GS42@EN) shall be disregarded.\n> > \n> > > (3) Any duly convened meeting of the Board at which a quorum is present shall be competent to transact any business of the Board.\n> > \n> > > (4) Questions arising at a meeting of the Board shall, subject to this Act, be determined by a majority of votes of the directors present and voting.\n\n> **4.   **Chairperson****\n> \n> > *\\[Schedule 2 Clause 4Subclause (1) amended by No. 76 of 1995, s. 28 and Sched. 2 \\]**\\[Schedule 2 Clause 4Subclause (2) amended by No. 76 of 1995, s. 26 and s. 28 and Sched. 2 \\]**\\[Schedule 2 Clause 4Subclause (3) amended by No. 76 of 1995, s. 28 and Sched. 2 \\]*\n> > \n> > > (1) The person acting as chairperson of the Board shall preside at all meetings of the Board at which he is present.\n> > \n> > > (2) If the chairperson or the person appointed under [clause 4](#JS1@GC4@EN) [(2)](#JS1@GC4@Gc2@EN) [(a)](#JS1@GC4@Gc2@Hpa@EN) of [Schedule 1](#JS1@EN) is not present at a meeting of the Board, any director other than the chief executive elected by the directors present shall preside at that meeting.\n> > \n> > > (3) The chairperson or other person presiding at a meeting of the Board has a deliberative vote, but in the event of an equality of votes on any matter before a meeting of the Board, the chairperson, if he is present, may exercise a second or casting vote or, if that right is not exercised, the matter stands adjourned to the next meeting of the Board.\n\n> **5.   **Minutes of meetings****\n> \n> > The Board shall cause full and accurate minutes to be kept of its proceedings at meetings and shall submit to the Minister a copy of the minutes of each meeting within 14 days after the day on which the meeting is held.\n\n> **6.   **General procedure****\n> \n> > The procedure for the calling of, and for the conduct of business at, meetings of the Board shall, subject to any procedure that is specified in this Schedule, be as determined by the Board.","sortOrder":78},{"sectionNumber":"SCHEDULE 3","sectionType":"part","heading":"SCHEDULE 3","content":"# SCHEDULE 3 SCHEDULE 3\n\n[*\\[Schedule 3 Repealed by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja152@GC11@EN)","sortOrder":79},{"sectionNumber":"SCHEDULE 4","sectionType":"part","heading":"SCHEDULE 4","content":"# SCHEDULE 4 SCHEDULE 4\n\n[Section 48](#GS48@EN) [(2)](#GS48@Gs2@EN) [(c)](#GS48@Gs2@Hpc@EN) and [49](#GS49@EN) [(1)](#GS49@Gs1@EN) [(c)](#GS49@Gs1@Hpc@EN)","sortOrder":82},{"sectionNumber":"SCHEDULE 5 - Acts Repealed","sectionType":"part","heading":"SCHEDULE 5 - Acts Repealed","content":"# SCHEDULE 5 - Acts Repealed SCHEDULE 5 - Acts Repealed\n\n[Section 49](#GS49@EN) [(1)](#GS49@Gs1@EN) [(d)](#GS49@Gs1@Hpd@EN)\n\n| Year and number of Act | Short title of Act |\n| No. 72 of 1976 | Apple Industry (Assistance) Act 1976 |\n| No. 22 of 1976 | General Jones Pty. Limited Loan and Guarantee Act 1976 |\n| 2 Geo. VI No. 20 | Housing Improvement Act 1938 |\n| 10 Geo. VI No. 17 | Housing Improvement (Powers of Approved Institutions) Act 1946 |\n| No. 71 of 1954 | Industrial Development Act 1954 |\n| No. 84 of 1976 | Industrial Development Act 1976 |\n| No. 35 of 1978 | Industrial Development Act 1978 |\n| No. 66 of 1982 | Industrial Development Amendment Act 1982 |\n| No. 25 of 1983 | Industrial Development Amendment Act 1983 |\n| No. 76 of 1977 | Industries Assistance Act 1977 |\n| No. 22 of 1975 | King Island Dairy Products Co-operative Society Limited Loan Guarantee Act 1975 |\n| No. 23 of 1976 | King Island Dairy Products Co-operative Society Limited Loan Guarantee Act 1976 |\n| No. 70 of 1977 | Poultry Industry (Broiler Raising) Loan Guarantee Act 1977 |\n| 26 Geo. V No. 41 | State Advances Act 1935 |\n| 9 & 10 Geo. VI No. 68 | State Advances Act (No. 2) 1946 |\n| 11 & 12 Geo. VI No. 94 | State Advances Act 1947 |\n| No. 60 of 1965 | State Advances Act 1965 |\n| No. 6 of 1978 | State Advances Act 1978 |\n| No. 30 of 1979 | State Advances Amendment Act 1979 |\n| No. 57 of 1979 | State Advances Amendment Act (No. 2) 1979 |","sortOrder":87}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":816},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1983 purpose. Initially focused on establishing the Tasmanian Development Authority and dissolving the Agricultural Bank, it has grown to encompass: (1) a comprehensive corporate governance framework for TDR (added 1995); (2) detailed financial management and reporting obligations; (3) expanded lending and investment powers with higher monetary thresholds; (4) administration of multiple other Acts; (5) complex transitional arrangements for multiple predecessor bodies; and (6) recent amendments (2024) clarifying funding sources for grants and loans. The 1995 restructuring particularly transformed it from a simple development authority into a sophisticated government business enterprise with corporate plan requirements, quarterly reporting, and ministerial direction powers."},"complexity_factors":["Multiple amending acts (1984, 1986, 1988, 1994, 1995, 1996, 1997, 1999, 2000, 2001, 2003, 2005, 2008, 2016, 2017, 2023, 2024) creating layered amendments","Extensive cross-referencing to other legislation (State Service Act, Audit Act, Corporations Act, Administrative Arrangements Act, etc.)","Conditional financial thresholds with multiple tiers ($500,000 vs $15 million vs $35 million for different powers)","Nested delegation provisions (minister to TDR, TDR to directors/officers, with conditions and limitations)","Four separate schedules with transitional, savings, and procedural provisions","Dual governance structure (Board + chief executive) with overlapping responsibilities","Multiple funding sources (Public Account, parliamentary appropriations, borrowings, TDR's own funds) with different rules","Historical continuity provisions preserving pre-1983 mortgages and agreements under repealed legislation"],"plain_english_summary":"This Act establishes **Tasmania Development and Resources (TDR)** — a government-owned corporation that promotes economic development in Tasmania.\n\n**What TDR does:**\n- **Encourages business growth** — through loans, grants, land acquisition, and investment in business undertakings\n- **Supports employment** — by monitoring and promoting private sector jobs\n- **Administers other laws** — various \"TDR Acts\" assigned under government arrangements\n- **Provides financial assistance** — including loans up to $15 million (or $500,000 without security), grants, and guarantees for businesses\n- **Manages land** — buying, developing, and leasing land for industrial and business purposes\n- **Responds to emergencies** — disbursing relief funds after bushfires, floods, etc.\n\n**How it's governed:**\n- A **Board of Directors** (up to 9 members) oversees TDR, appointed by the Governor on ministerial advice\n- A **chief executive** handles day-to-day operations\n- The **Minister** can give policy directions and must approve major decisions (loans over certain thresholds, land deals, corporate plans)\n- **TDR is not part of the government** — it operates as an independent corporate entity, though ministers can intervene in limited ways\n\n**Financial controls:**\n- Must prepare corporate plans, annual reports, and quarterly reports\n- Subject to audit and accounting standards\n- Can borrow money (with Treasurer's consent) and invest funds\n- Must table reports in Parliament\n\n**Who it affects:**\n- **Businesses** seeking loans, grants, or investment\n- **Property owners** dealing with land acquisition\n- **Government** — as funder and policy director\n- **Tasmanian public** — through economic development and employment outcomes\n\n**Key limits:**\n- Directors and officers can't personally benefit from TDR decisions (conflict of interest rules)\n- TDR can't lend to directors or their partners\n- Strict secrecy requirements for commercial information"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The statutory scope has been broadened and modernised relative to the historical Authority model. The Act continues the former Authority as TDR and consolidates multiple predecessor statutes and assets into TDR (s.4; s.49; Schedule 4), adds governance and corporate planning regimes (ss.15A–15C), and expands explicit financial tools available to the body and the Executive (loans, grants, acquisition of business interests up to specified monetary limits s.9(2)(b),(d); Treasurer's guarantees s.36; and a specific funding route allowing grants/loans to be paid from TDR funds as determined by the Treasurer s.37A). It also imposes modernised reporting, accounting and public‑disclosure obligations (ss.29A–29B; 29E–29F; s.20; s.44). These changes shift more decision and funding discretion toward Ministerial and Treasurer oversight while creating structured corporate governance and reporting duties for TDR."},"complexity_factors":["Extensive cross‑references within the Act (e.g. governance, delegations, and financial provisions cross‑referencing ss.9, 15A, 19, 24, 29A–29I).","Multiple financial instruments and funding paths (Parliamentary appropriation, TDR borrowings, Treasurer loans, and State guarantees) with separate rules (ss.21–26; 36; 37A).","Numeric caps and special‑case exceptions (loan caps, guarantee caps, discharge limits) plus an executive power to amend amounts (s.9(2)(b); s.9(4); s.9(6); s.36(5)).","Concentration of executive discretion in Minister, Treasurer and Governor for key decisions (appointments, policy objectives, approvals, guarantees) (ss.5; 11; 24; 36; 37).","Layered accountability and reporting obligations with Ministerial directions possible to modify form and content (ss.15A; 29A; 29B; 29E; 29I).","Transitional and savings provisions that import and preserve earlier schemes and rights (s.49; Schedule 4 and Schedule 5), increasing interpretive complexity.","Delegation and delegation‑register regime (ss.19–20) creating multiple levels at which functions can be exercised.","Conflict‑of‑interest rules, secrecy obligations and criminal penalties creating compliance risk for officers and directors (ss.42–45)."],"plain_english_summary":"### What this law does, in plain terms\n\n- Mechanically, the Act (re)establishes Tasmania Development and Resources (TDR) as a corporate body to carry out economic development functions formerly held by predecessor bodies (see s.4; s.49 and Schedule 4 for transitional provisions transferring assets and repeals). The Board (directors, chairperson, chief executive) runs TDR (s.5; Schedule 1) and TDR employs officers under the State Service framework (s.16).\n\n- The Act gives TDR a set of business-facing powers: it can make loans and grants (subject to caps and approvals), acquire, develop and dispose of land for business undertakings, act as agent for Ministers, take security, act on governing bodies of assisted businesses, charge for services, and generally do what is necessary to perform its functions (see s.9; ss.12–15; s.7; s.8).\n\n- The Act sets out how TDR is financed and accountable: money can come from Parliament (appropriations), TDR borrowings, and other sources (s.21; s.22). TDR may borrow with the Treasurer's consent (s.24) and the Treasurer may lend to or guarantee obligations for TDR-supported projects, subject to caps and conditions (ss.26; 36). The Board must prepare multi‑year corporate plans and statements of corporate intent, produce quarterly and annual reports, and keep accounting records compliant with Australian Accounting Standards unless directed otherwise by the Minister (ss.15A; 29A; 29B; 29E; 29G).\n\n### Who it affects and who decides\n\n- Who decides: the Minister nominates directors and may give written policy objectives and directions (s.5(3), s.11, s.15B, s.29I). The Governor appoints directors and may appoint an administrator in specified circumstances (s.5(3); s.32). The Treasurer controls borrowing mechanics and may approve borrowings, make loans from the Public Account, and give State guarantees (ss.24, 26, 36). The Board runs TDR day‑to‑day subject to Ministerial directions and required approvals (ss.6; 15A(10); 19).\n\n- Who pays / bears cost: capital and recurrent spending can come from Parliamentary appropriations (s.22(1)(a); s.23(1)); TDR may use its own funds and borrowings (s.21; s.24); guarantees given by the Treasurer become charges on the Public Account (s.36(9)). Where TDR uses appropriated funds or borrowings to generate income, that income typically must be paid back to the Public Account unless the Treasurer directs otherwise (s.23(2)).\n\n### Why it matters (official rationale and how it works in practice)\n\n- The Act states TDR's duty is to encourage and promote balanced economic development of Tasmania and to direct policies to the \"greatest advantage of the people of Tasmania,\" including business stability, maximum employment and general prosperity (s.7). That is the explicit purpose-statement. Mechanically, the Act translates that policy aim into instruments: loans, grants, land acquisition/development, guarantees, advisory committees, and direct administration where necessary (ss.8–9; 12–14; 35–37).\n\n### Practical implications, trade‑offs and implementation points (source‑grounded)\n\n- Concentrated benefits and fiscal exposure: the Act allows targeted loans/grants and State guarantees for specific businesses. Loans by TDR to a single recipient are capped unless special reasons apply ($15,000,000 cap in ordinary cases at s.9(2)(b); s.9(4) permits small special loans up to $500,000 and s.9(2)(d) allows acquisition of business interests up to $35,000,000 with Minister approval). Guarantees to a borrower are limited in aggregate per guarantee to $2,000,000 as to State liability (s.36(5)), and any liability under such guarantees is payable from the Public Account (s.36(9)). Those provisions concentrate decision discretion (Minister/Treasurer) over exposing public funds to individual business risks.\n\n- Who bears costs and upside: capital expenditure may be met from Parliamentary appropriation, TDR borrowings, or Commonwealth‑State orders (s.22). Income generated from appropriated or borrowed funds is normally returned to the Public Account (s.23(2)), which means private beneficiaries can obtain assistance while the State typically retains net financial control of returns unless the Treasurer directs otherwise.\n\n- Ministerial and Treasurer discretion: the Minister may issue binding policy objectives that TDR must follow (s.11) and may direct corporate planning (s.15B). The Treasurer controls borrowing forms (s.24), may make State loans to TDR (s.26), and gives guarantees (s.36). Those provisions create administrative discretion over which projects proceed and how they are funded. The Act also permits the Governor to direct loans/grants/guarantees where recommended by Treasurer and Minister (s.37).\n\n- Compliance, transparency and administrative burden: TDR must prepare a 3‑year corporate plan and statement of corporate intent (s.15A), keep accounting records and financial statements complying with Australian Accounting Standards subject to Ministerial directions (s.29A; s.29B), and produce quarterly and annual reports with specified contents and tabling deadlines (ss.29E–29F; 29G). The Board must make delegation registers available to the public (s.20) and maintain a public register of directors' shareholdings and interests (s.44). These requirements create clear reporting and public‑disclosure obligations for TDR and its directors.\n\n- Conflicts, safeguards and penalties: directors, authorized officers and administrators must disclose interests in contracts or grants and be excluded from deliberations on matters where they have an interest (s.42). Loans to directors and to companies in which directors hold significant share interests are prohibited (s.43). There are criminal penalties for failing to disclose interests and for breaching secrecy obligations (s.42(7); s.45(2)). These provisions structure conflict‑of‑interest controls and confidentiality duties.\n\n- Flexibility and change mechanisms: monetary caps and other numeric limits can be amended by Governor's order (s.9(6)); the Act has been structured to allow the Minister and Treasurer to give directions on accounting, reporting, and the form of financial statements (ss.29A; 29B; 29I). That creates adaptive capacity but also concentrates rule‑making in executive instruments.\n\n- Effects on private choice and markets: by providing loans, grants, guarantees and by acquiring or disposing of land or business interests (ss.9; 12–14; 35–37), TDR can change investment incentives for private firms, alter access to credit for assisted businesses, and (where acquisition of business interests occurs, s.9(2)(d)) change ownership patterns. The Act sets procedural checks (Minister/Treasurer approval; reporting) but leaves substantial discretion in executive offices to determine participation and terms.\n\n### Key operational safeguards and triggers\n\n- The Governor may appoint an administrator and suspend the Board where TDR fails to meet Ministerial policy objectives or where winding up is in the public interest; the administrator assumes TDR's functions and directors cease to hold office (s.32).\n\n- Public access: registers of delegations and directors' interests are to be open to public inspection (ss.20; 44(2)).\n\n### Sections to consult quickly for specific mechanics\n\n- Powers to lend/grant/acquire/act: s.9; ss.12–15\n- Financial controls, borrowing, guarantees: ss.21–27; 36; 37A\n- Governance, appointment and removals: s.5; Schedule 1; s.32\n- Reporting and accountability: ss.15A; 29A–29I; 29E–29F; 29G\n- Conflicts and secrecy: ss.42–45\n- Transitional and repeal items: s.49; Schedule 4; Schedule 5\n\nThis summary uses the Act's own descriptions of purpose (s.7) and then examines practical channels through which the Act produces costs, incentives, discretion, compliance burdens and effects on private enterprise (citations provided in parentheses by section). It does not evaluate policy desirability but identifies who pays, who decides, what behaviour the Act enables or constrains, and where discretion and exposure to public funds are concentrated."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Originally enacted in 1983 to stimulate post-industrial Tasmanian economic development, the Act has been amended multiple times over four decades. Its administrative home and the bodies responsible for delivering its programs have changed with successive government restructures. The core purpose of attracting and supporting business investment remains, but the institutional machinery and specific programs available have evolved significantly from the original intent."},"complexity_factors":["The Act has been in operation since 1983 and has been amended numerous times, meaning the current operative provisions may differ substantially from the original text","The legislation involves financial instruments (loans, grants, guarantees) which carry legal and commercial complexity","Interaction with other Tasmanian government bodies and administrative arrangements adds a layer of institutional complexity","The responsible minister and department can change over time via Administrative Arrangement Orders, making it harder to identify current decision-makers","Limited legislative text was provided for full analysis — the full Act would likely reveal additional complexity around eligibility criteria, approval processes, and oversight mechanisms"],"plain_english_summary":"## Tasmanian Development Act 1983\n\nThis is Tasmania's key legislation for **supporting economic development** across the state. It establishes frameworks and powers that allow the Tasmanian government to:\n\n- **Provide financial assistance** (loans, grants, or guarantees) to businesses and industries that want to establish or expand in Tasmania\n- **Attract investment** into the state by offering government-backed support to eligible projects\n- **Administer development programs** through a dedicated body (historically Tasmanian Development and Resources, now operating under updated arrangements)\n\n### Who does this affect?\n- **Business owners and investors** considering setting up or growing operations in Tasmania — you may be eligible for government financial support\n- **Tasmanian taxpayers** — the government can make financial commitments (including guarantees) on your behalf to back private investment\n- **Regional communities** — the Act is designed to stimulate job creation and economic activity across Tasmania, including regional areas\n\n### Why does it matter?\nThis Act gives the Tasmanian government real financial tools — not just policy statements — to compete for business investment. If you're a business owner seeking government support for a Tasmanian project, this is the legal foundation for that assistance. However, note that the legislation has been amended multiple times since 1983, so the current rules may look quite different from the original Act."}},"importantCases":[],"_links":{"self":"/api/acts/tasmanian-development-act-1983","history":"/api/acts/tasmanian-development-act-1983/history","analysis":"/api/acts/tasmanian-development-act-1983/analysis","conflicts":"/api/acts/tasmanian-development-act-1983/conflicts","importantCases":"/api/acts/tasmanian-development-act-1983/important-cases","documents":"/api/acts/tasmanian-development-act-1983/documents"}}