{"id":"tas:sr-2022-091","name":"Tasmanian Development Regulations 2022","slug":"tasmanian-development-regulations-2022","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"91 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179760,"registerId":"tas-tas:sr-2022-091-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Tasmanian Development Regulations 2022](/view/html/inforce/2026-04-12/sr-2022-091) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 25 December 2022.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Tasmanian Development Act 1983](/view/html/inforce/2026-04-12/act-1983-084) ;\n> \n> > ***administrator*** means a person appointed as administrator under [section 32](/view/html/inforce/2026-04-12/act-1983-084#GS32@EN) of the Act;\n> \n> > ***associated entity*** – see [regulation 4](#GS4@EN) ;\n> \n> > ***business judgment*** means any decision to take or not to take action in respect of a matter relevant to the business operations of the Authority;\n> \n> > ***former director*** means a person who ceased to be a director within the period of 7 years immediately preceding the relevant time;\n> \n> > ***former officer*** means a person who ceased to be an officer within the period of 7 years immediately preceding the relevant time;\n> \n> > ***material personal interest*** – see [regulation 5](#GS5@EN) ;\n> \n> > ***relative*** includes a person with whom a person is in a personal relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Associated entities","content":"### 4 Associated entities\n\n> > (1)  In respect of a director, each of the following persons is an associated entity if the director or a relative of the director has control over the person:\n> > \n> > > > (a) a body corporate;\n> > > \n> > > > (b) a partnership or other unincorporated association of persons;\n> > > \n> > > > (c) a majority of trustees of a trust.\n> \n> > (2)  For the purposes of determining whether the director has control over a person referred to in [subregulation (1)](#GS4@Gs1@EN) , the following matters may be taken into account:\n> > \n> > > > (a) whether the director or his or her relative is a shareholder in, a director or other officer of or a trustee of that person;\n> > > \n> > > > (b) whether the director or his or her relative is a beneficiary in the trust of which that person is a trustee;\n> > > \n> > > > (c) any other matter or relationship that is relevant.\n> \n> > (3)  For the purposes of determining whether the relative of a director has control over a person referred to in [subregulation (1)](#GS4@Gs1@EN) , the following matters may be taken into account:\n> > \n> > > > (a) whether the relative or his or her relative is a shareholder in, a director or other officer of or a trustee of that person;\n> > > \n> > > > (b) whether the relative or his or her relative is a beneficiary in the trust of which that person is a trustee;\n> > > \n> > > > (c) any other matter or relationship that is relevant.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Material personal interest","content":"### 5 Material personal interest\n\n> > (1)  In these regulations –\n> > \n> > > ***material personal interest***, in respect of a director, includes –\n> > > \n> > > > > (a) a direct or indirect interest; and\n> > > > \n> > > > > (b) a pecuniary or non-pecuniary interest; and\n> > > > \n> > > > > (c) the interest of a relative of the director; and\n> > > > \n> > > > > (d) the interest of an associated entity; and\n> > > > \n> > > > > (e) an interest in a corporation, within the meaning of the Corporations Act; and\n> > > > \n> > > > > (f) the director’s employment by a person with a direct or indirect interest in the Authority; and\n> > > > \n> > > > > (g) the holding by the director of an office where there arises or may arise a conflict between his or her duties in that office and his or her duties as director; and\n> > > > \n> > > > > (h) the holding by the director of the office of member in another statutory authority or in the governing authority of another statutory authority; and\n> > > > \n> > > > > (i) any other interest that gives, or may give, rise to a conflict of interest.\n> \n> > (2)  A director does not have a material personal interest by reason only of the director also being a State Service employee or State Service officer.\n> \n> > (3)  A director does not have a material personal interest by reason only of an interest in a contract with the Authority for a good or service ordinarily supplied by the Authority and supplied on the same terms as that good or service is ordinarily supplied to other persons in the same situation.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Power of former director, &c., to access records","content":"### 6 Power of former director, &c., to access records\n\n> > (1)  A former director, an administrator or an authorized officer may inspect and make copies of the records of the Authority, including its accounting records, financial statements and interim reports, at any reasonable time for the purpose of a legal proceeding –\n> > \n> > > > (a) to which the former director, administrator or authorized officer is a party; or\n> > > \n> > > > (b) that the former director, administrator or authorized officer proposes in good faith to bring; or\n> > > \n> > > > (c) that the former director, administrator or authorized officer has reason to believe will be brought against him or her.\n> \n> > (2)  The Authority must allow a former director, an administrator or an authorized officer to exercise his or her powers under this regulation to inspect and make copies of records.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units.\n> \n> > (3)  This regulation does not limit any right of access to the records of the Authority that a former director, an administrator or an authorized officer has apart from this regulation.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Power of director, administrator or authorized officer to access records","content":"### 7 Power of director, administrator or authorized officer to access records\n\n> > (1)  A director, administrator or authorized officer may inspect and make copies of the records of the Authority, including its accounting records, financial statements and interim reports, at any reasonable time.\n> \n> > (2)  A director or officer of the Authority must not prevent a director, administrator or authorized officer from exercising his or her powers under this regulation to inspect and make copies of records.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Duties of directors, authorized officers and administrators","content":"### 8 Duties of directors, authorized officers and administrators\n\n> > (1)  A director, authorized officer or administrator must perform and exercise the functions and powers of his or her office –\n> > \n> > > > (a) in good faith in the best interests of the Authority; and\n> > > \n> > > > (b) for a proper purpose.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.\n> \n> > (2)  A director, authorized officer or administrator must exercise his or her powers and perform his or her functions with the degree of care and diligence that a reasonable person would exercise if he or she –\n> > \n> > > > (a) were a director, authorized officer or administrator; and\n> > > \n> > > > (b) occupied the office held by, and had the same responsibilities within the Authority as, the director, authorized officer or administrator.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both\n> \n> > (3)  A director, authorized officer or administrator who makes a business judgment is taken to meet the requirements of [subregulation (1)](#GS8@Gs1@EN) , and his or her equivalent duties at common law and in equity, in respect of the judgment if he or she –\n> > \n> > > > (a) makes the judgment in good faith for a proper purpose; and\n> > > \n> > > > (b) does not have a material personal interest in the subject matter of the judgment; and\n> > > \n> > > > (c) informs himself or herself about the subject matter of the judgment to the extent that he or she reasonably believes to be appropriate; and\n> > > \n> > > > (d) rationally believes that the judgment is in the best interests of the Authority.\n> \n> > (4)  For the purposes of [subregulation (3)(d)](#GS8@Gs3@Hpd@EN) , the belief of a director, authorized officer or administrator that a business judgment is in the best interests of the Authority is rational unless the belief is one that no reasonable person in the position of the director, authorized officer or administrator would hold.\n> \n> > (5)  An officer or former officer of the Authority must not make improper use, in Tasmania or elsewhere, of information acquired because of his or her office or employment in the Authority –\n> > \n> > > > (a) to gain, directly or indirectly, an advantage for himself or herself or another person; or\n> > > \n> > > > (b) to cause damage to the Authority or any of its subsidiaries.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.\n> \n> > (6)  An officer must not make improper use, in Tasmania or elsewhere, of his or her position as an officer of the Authority –\n> > \n> > > > (a) to gain, directly or indirectly, an advantage for himself or herself or another person; or\n> > > \n> > > > (b) to cause damage to the Authority.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Reliance on information or advice","content":"### 9 Reliance on information or advice\n\n> If –\n> \n> > > (a) an officer of the Authority relies on information, or professional or expert advice, given or prepared by –\n> > > \n> > > > > (i) another officer of the Authority whom the first-mentioned officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n> > > > \n> > > > > (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within that person’s professional or expert competence; or\n> > > > \n> > > > > (iii) another officer in relation to matters within that officer’s authority; or\n> > > > \n> > > > > (iv) a committee of officers on which the officer did not serve in relation to matters within the committee’s authority; and\n> > \n> > > (b) the reliance was made –\n> > > \n> > > > > (i) in good faith; and\n> > > > \n> > > > > (ii) after making an independent assessment of the information or advice, having regard to the officer’s knowledge of the Authority and the complexity of the structure and operations of the Authority; and\n> > \n> > > (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a function under the Act or an equivalent general law duty –\n> \n> the officer’s reliance on the information or advice is taken to be reasonable unless the contrary is proved.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Power of court to order compensation","content":"### 10 Power of court to order compensation\n\n> Where –\n> \n> > > (a) a person is convicted of an offence against these regulations; and\n> > \n> > > (b) the court is satisfied that the Authority has suffered loss or damage as a result of the act or omission that constituted the offence –\n> \n> the court by which the person is convicted may, in addition to imposing a penalty, order the convicted person to pay compensation to the Authority of such amount as that court specifies, and any such order may be enforced as if it were a judgment of that court.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Power of Authority to recover unlawful profits &c.","content":"### 11 Power of Authority to recover unlawful profits &c.\n\n> Where a person contravenes or fails to comply with a provision of these regulations in relation to the Authority, the Authority may, whether or not the person has been convicted of an offence against these regulations in relation to that contravention or failure to comply, recover from the person as a debt due to the Authority by action in any court of competent jurisdiction –\n> \n> > > (a) if that person or any other person made a profit as a result of the contravention or failure, an amount equal to that profit; and\n> > \n> > > (b) if the Authority has suffered loss or damage as a result of the contravention or failure, an amount equal to that loss or damage.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Regulations to be in addition to other rules of law","content":"### 12 Regulations to be in addition to other rules of law\n\n> These regulations have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person by reason of his or her office or employment by the Authority and do not prevent the institution of any civil proceedings in respect of a breach of such a duty or in respect of such a liability.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 16 November 2022\n\nThese regulations are administered in the Department of State Growth.","sortOrder":11}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope of these regulations changed from their original intent. Only cover page and status information was included in the supplied text — no operative provisions, explanatory material, or substantive clauses were available for comparison."},"complexity_factors":["Only administrative and status metadata was provided — no substantive legislative content is available for analysis","Cannot assess actual regulatory complexity without the operative provisions","The existence of amending instruments suggests some evolution in scope or detail, adding minor complexity","Regulations of this type (development/economic) typically involve financial thresholds, eligibility criteria, and procedural requirements that can be moderately complex, but this cannot be confirmed from the text supplied"],"plain_english_summary":"These regulations set out how Tasmania administers certain economic and business development functions under the state's development framework, but the supplied text includes only administrative metadata (status, commencement 25 Dec 2022, amendment history and responsible minister/department). They potentially affect businesses, investors and government agencies involved in industry support, but the substantive rules are not included here. To determine actual rights or obligations, consult the full Tasmanian Development Regulations 2022 on the official legislation website."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations implement governance, disclosure and enforcement mechanisms for the Tasmanian Development Authority in a way that is consistent with the Act’s regulatory aim of governing the Authority’s officers. They do not expand the Authority’s substantive functions or extend regulatory reach to unrelated sectors; they primarily operationalise duties, record access and recovery/remedy powers for persons connected with the Authority (regs 3–12). There is no evident addition of material new subject matter beyond internal governance and enforcement that would indicate a significant change of scope from the Act’s likely original purpose."},"complexity_factors":["Multiple defined terms in regulation 3 (8 key terms explicitly defined).","Cross-references between regulations (regs 3 references regs 4 and 5; duties and safe-harbour cross-reference within reg 8).","Broad, non-exhaustive lists and catch-all phrases (e.g. reg 4(2)(c), reg 5(1)(i) – \"any other matter\"), increasing interpretive scope.","Nested conditional tests (e.g. reg 9 sets several cumulative conditions for reliance to be taken as reasonable).","Multiple enforcement pathways: criminal penalties (fines/imprisonment), court compensation orders, and civil recovery of profits/losses (regs 8, 10–11).","Limited but important exceptions creating conditional complexity (reg 5(2)–(3) carve-outs).","Access rights differentiated by current vs former officeholders with different triggers and purposes (regs 6–7).","Moderate statutory length: short overall but with several interlocking duties, exceptions and evidential requirements that require compliance systems."],"plain_english_summary":"**What these regulations do (mechanically)**\n\n- Put in place governance, disclosure, access-to-records and enforcement rules for the Tasmanian Development Authority (the Authority). (Regs 3–12.)\n- Define key terms used throughout the rules (for example: who is an “administrator”, what counts as a “material personal interest”, and who is an “associated entity”). (Reg 3; regs 4–5.)\n- Give current directors, administrators and authorised officers broad rights to inspect and copy the Authority’s records at reasonable times, and impose a penalty on anyone who prevents that access. (Regs 6–7.)\n- Allow certain former directors, administrators and authorised officers to access records if they need them for legal proceedings they are party to, intend to start in good faith, or reasonably expect will be brought against them; the Authority must allow that access. (Reg 6.)\n- Set express duties for directors, authorised officers and administrators: act in good faith, for a proper purpose, and with the care and diligence a reasonable person in the same position would exercise. Penalties (fines and up to 2 years imprisonment) apply for breaches. (Reg 8.)\n- Provide a “business judgment” safe-harbour where a director or officer who makes a business judgment in good faith, without a material personal interest, having made appropriate enquiries and who rationally believes the judgment is in the Authority’s best interests, is taken to have satisfied the duty to act in good faith and with care. (Reg 8(3)–(4).)\n- Define “material personal interest” broadly to include pecuniary and non‑pecuniary interests, interests of relatives, and interests of associated entities (and list non‑exhaustive examples). The rules carve out two narrow exceptions: being a State Service employee/officer alone does not create a material personal interest; and a routine supply contract on ordinary terms alone does not automatically create such an interest. (Reg 5.)\n- Allow officers to rely on information or professional advice (from reliable internal colleagues, outside experts, committees, etc.) in certain circumstances; that reliance is taken to be reasonable unless proved otherwise. (Reg 9.)\n- Give courts the power to order convicted persons to pay compensation to the Authority where the Authority suffered loss because of the offence, and allow the Authority to recover unlawful profits or losses as a debt even if there is no criminal conviction. (Regs 10–11.)\n- State that these regulations operate in addition to existing civil and common law duties (they do not replace other legal remedies). (Reg 12.)\n\n**Who this affects**\n\n- Directors, administrators and authorised officers of the Tasmanian Development Authority (current and, in limited circumstances, former). (Regs 3, 6–9.)\n- Relatives and associated entities of directors (because their interests are attributed to the director when determining conflicts). (Regs 3–5, 4.)\n- The Authority itself: it gains powers to require access to records, seek compensation, and recover unlawful profits/losses. (Regs 6, 10–11.)\n- Third parties that do business with the Authority, or that have links to directors (shareholders, trustees, beneficiaries, partners), because those ties can create disclosable conflicts. (Regs 4–5.)\n\n**Why it matters (stated purpose and how the mechanics test that purpose)**\n\n- Stated or obvious purpose: to set clear standards of conduct, conflict disclosure and record access for governance of the Authority, and to provide enforcement tools against misconduct (see regs 8–11). \n\n- How the mechanics support that purpose:\n  - Duties + penalties (reg 8) create legal obligations and deterrence for directors/officers.\n  - The business‑judgment safe harbour (reg 8(3)) protects reasonable commercial decision‑making so long as processes and good faith are demonstrable; this encourages prudent risk‑taking while requiring evidence of inquiry and rational belief.\n  - Broad definitions of material personal interest and associated entities (regs 4–5) increase the range of relationships that must be considered or disclosed, which reduces undisclosed conflicts but raises the administrative scope of compliance.\n  - Access rights for current and some former officeholders (regs 6–7) enable internal scrutiny and litigation preparedness but raise confidentiality and administrative-copying costs.\n  - Recovery powers and court compensation orders (regs 10–11) give the Authority civil routes to recoup loss or profits, creating both deterrence and potential litigation exposure for individuals and related entities.\n\n**Costs, incentives and trade-offs (concrete mechanics)**\n\n- Who pays and who decides: directors/officers bear the compliance cost and criminal/civil exposure (regs 8, 10–11). The Authority decides whether to pursue recovery or to allow former officeholders to inspect records (reg 6 imposes a duty to allow access; regs 10–11 enable recovery but require court action or civil suit to enforce). Courts decide compensation and civil recovery outcomes (regs 10–11).\n\n- Compliance burden: broad conflict definitions and record‑access obligations increase disclosure, document‑management and legal costs for directors and the Authority (regs 4–6, 5). The safe harbour requires recordable steps (inquiry, rational belief), so good governance procedures and documentation are needed (reg 8(3)).\n\n- Incentives for behaviour: penalties and recovery powers deter misuse of office and improper gains; the business‑judgment rule preserves an incentive to make commercial decisions rather than paralysis by fear of liability (reg 8). The exclusions in reg 5(2)–(3) protect routine employment and ordinary supply contracts from automatically being treated as conflicts, preserving ordinary commercial dealings.\n\n- Effects on private enterprise: the rules operate primarily on the internal governance of the Authority, but associated private entities (companies, partnerships, trusts) linked to directors are pulled into the disclosure net (reg 4). That can affect how private owners organise ownership, trusteeship and family relationships to manage perceived conflicts.\n\n- Implementation risks and discretion: the definitions include non‑exhaustive and “any other matter” language (regs 4(2)(c), 4(3)(c), 5(1)(i)), which gives decision‑makers and courts scope to interpret control and material interest on a case‑by‑case basis. That creates legal uncertainty and potential for contested disputes about the scope of disclosure.\n\n**Practical points likely to matter to affected people**\n\n- Directors should document the decision process, the advice relied on and the basis for their belief that a judgment is in the Authority’s interest to rely on the business‑judgment safe harbour (reg 8(3)).\n- Directors should map family and associated entities (shareholdings, trusteeships, beneficiaries) to spot interests caught by the rules (regs 4–5).\n- The Authority must allow certain former officers access to records for litigation-related purposes, so record‑keeping and confidentiality protocols should anticipate post‑employment inspection requests (reg 6).\n- Contractors who supply routine goods/services on ordinary terms are generally not treated as creating a material personal interest for a director (reg 5(3)), which preserves common contracting practices.\n\n**Sections cited frequently**: regs 3–11 (interpretation, associated entities, material personal interest, access rights, duties, reliance, compensation and recovery).\n"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This appears to be the original 2022 regulations with a focused scope on governance of the Tasmanian Development Authority. The content aligns with standard corporate governance regulation purposes — defining duties, conflicts, and enforcement mechanisms for a statutory authority. No evidence of scope creep beyond the original intent."},"complexity_factors":["12 defined terms in the interpretation section, several of which are themselves defined by cross-reference to other regulations (e.g., 'associated entity' and 'material personal interest')","Nested definition structure: 'associated entity' requires analysis of 'control' which in turn involves multiple factors including relative relationships","Multi-layered conditional logic in the 'business judgment' defence (regulation 8(3)) requiring satisfaction of 4 separate criteria plus a rationality test in subregulation (4)","Multiple overlapping access rights in regulations 6 and 7 with subtle distinctions between current vs former directors and different penalty levels","Cross-references to external legislation including the Tasmanian Development Act 1983, Relationships Act 2003, and Corporations Act","Dual enforcement mechanisms (criminal penalties plus civil recovery) creating parallel liability structures"],"plain_english_summary":"These regulations set out the rules of conduct for people running the Tasmanian Development Authority — a government body that handles development projects in Tasmania.\n\n**What it does:**\n\n* **Defines conflicts of interest:** It spells out what counts as a \"material personal interest\" — essentially any financial or personal stake a director has in a decision, including interests held by their relatives, business partners, or companies they control. It also lists exceptions (for example, simply being a public servant doesn't count as a conflict).\n\n* **Sets duties for decision-makers:** Directors, administrators, and authorized officers must act honestly, in the best interests of the Authority, and with reasonable care. There's a specific \"business judgment\" rule that protects directors from personal liability if they make informed, rational decisions without conflicts of interest.\n\n* **Protects against misuse of power:** Officers can't use inside information or their position for personal gain or to harm the Authority.\n\n* **Allows access to records:** Current and former directors (going back 7 years), administrators, and authorized officers can inspect the Authority's financial records and documents, especially if they need them for legal proceedings.\n\n* **Creates enforcement mechanisms:** The Authority can sue to recover profits or losses from rule-breakers, and courts can order compensation on top of criminal fines.\n\n**Who it affects:**\n\n* Directors and officers of the Tasmanian Development Authority\n* Former directors and officers (within the last 7 years)\n* Administrators appointed to oversee the Authority\n* The Authority itself, which can take legal action to recover money\n\n**Why it matters:**\n\nThese rules aim to prevent corruption, ensure transparent decision-making about development projects, and give the public confidence that the Authority is being run properly. It mirrors corporate governance standards (similar to company director rules) but applies them to this specific government body."}},"importantCases":[],"_links":{"self":"/api/acts/tasmanian-development-regulations-2022","history":"/api/acts/tasmanian-development-regulations-2022/history","analysis":"/api/acts/tasmanian-development-regulations-2022/analysis","conflicts":"/api/acts/tasmanian-development-regulations-2022/conflicts","importantCases":"/api/acts/tasmanian-development-regulations-2022/important-cases","documents":"/api/acts/tasmanian-development-regulations-2022/documents"}}