{"id":"tas:act-2016-035","name":"Tasmanian Early Years Foundation (Winding-up) Act 2016","slug":"tasmanian-early-years-foundation-winding-up-act-2016","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"35 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31665,"registerId":"tas-act-2016-035-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Tasmanian Early Years Foundation (Winding-up) Act 2016](/view/html/inforce/2026-04-12/act-2016-035) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***commencement day*** means the day on which this Act commences;\n> \n> > ***Foundation*** means the Tasmanian Early Years Foundation established under section 4 of the repealed Act;\n> \n> > ***repealed Act*** means the [Tasmanian Early Years Foundation Act 2005](/view/html/inforce/2026-04-12/act-2005-054) ;\n> \n> > ***State tax*** means any of the following imposed by an Act or law of this State:\n> > \n> > > > (a) a fee;\n> > > \n> > > > (b) a tax or duty;\n> > > \n> > > > (c) a charge;\n> > > \n> > > > (d) any other impost.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Dissolution of Foundation","content":"### 4 Dissolution of Foundation\n\n> On the commencement day, the Foundation is dissolved.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Transfer of assets and liabilities","content":"### 5 Transfer of assets and liabilities\n\n> > (1)  On the commencement day –\n> > \n> > > > (a) the assets of the Foundation vest in the Crown; and\n> > > \n> > > > (b) the liabilities of the Foundation become the liabilities of the Crown.\n> \n> > (2)  State tax is not payable in respect of any document prepared, or transfer or transaction done, to give effect to [subsection (1)](#GS5@Gs1@EN) .","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Construction of documents","content":"### 6 Construction of documents\n\n> > (1)  In this section –\n> > \n> > > ***document*** means a document, or part of a document, that –\n> > > \n> > > > > (a) was in force immediately before the commencement day; and\n> > > > \n> > > > > (b) contains a reference to the Tasmanian Early Years Foundation; and\n> > > > \n> > > > > (c) relates to an asset or liability of the Tasmanian Early Years Foundation.\n> \n> > (2)  Unless the context or subject matter of a document otherwise requires, on and after the commencement day a reference in the document to the Tasmanian Early Years Foundation is taken to be or to include a reference to the Crown.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Legal proceedings and related matters","content":"### 7 Legal proceedings and related matters\n\n> On and after the commencement day –\n> \n> > > (a) any legal or other proceeding instituted by or against the Foundation before, and pending on, the commencement day may be continued by or against the Crown; and\n> > \n> > > (b) any legal or other proceeding that could have been instituted by or against the Foundation to enforce an obligation that was required to be performed, or a right that had accrued, before the commencement day may be instituted by or against the Crown; and\n> > \n> > > (c) any judgment or order of a court obtained before the commencement day by or against the Foundation and not executed or satisfied before the commencement day may be enforced by or against the Crown; and\n> > \n> > > (d) a document relating to any legal or other proceeding that has been served on or by the Foundation is taken, where appropriate, to have been served on or by the Crown.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Tax exemption","content":"### 8 Tax exemption\n\n> Instruments to which the Crown is a party by virtue of this Act, and the Crown, in so far as it may, but for this section, be liable to any State tax in relation to a matter to which this Act relates, are not liable to any State tax.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Annual reports","content":"### 9 Annual reports\n\n> > (1)  The report prepared under [section 27 of the](/view/html/inforce/2026-04-12/act-1990-028#GS27@EN) [Financial Management and Audit Act 1990](/view/html/inforce/2026-04-12/act-1990-028) in relation to the Department for the financial year in which this Act commences is to contain the relevant information, required under that section to be contained in the report, in relation to the Foundation.\n> \n> > (2)  The annual report submitted under [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) in relation to the Department for the financial year in which this Act commences is to contain the relevant information, required under that section to be contained in the report, in relation to the Foundation.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Administration of Act","content":"### 10 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Premier; and\n> > \n> > > (b) the department responsible to the Premier in relation to the administration of this Act is the Department of Premier and Cabinet.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Legislation repealed","content":"### 11 Legislation repealed\n\n> The legislation specified in [Schedule 1](#JS1@EN) is repealed.","sortOrder":10},{"sectionNumber":"SCHEDULE 1 - Legislation repea","sectionType":"part","heading":"SCHEDULE 1 - Legislation repealed","content":"# SCHEDULE 1 - Legislation repea SCHEDULE 1 - Legislation repealed\n\n[Section 11](#GS11@EN)\n\n| Tasmanian Early Years Foundation Act 2005 (No. 54 of 2005) |","sortOrder":11}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears focused squarely on its stated purpose: winding up the Tasmanian Early Years Foundation. There is no indication that its scope expanded beyond that original intent. The Act has remained unamended in substance since its commencement in December 2016."},"complexity_factors":["Winding-up legislation typically involves legal mechanics around asset transfers, liability extinguishment, and transitional provisions, which can be moderately technical","Interaction with general corporate/entity law principles may be required to fully understand the Act's effect","Limited complexity overall — this type of Act is usually narrow and purpose-specific rather than broad or multi-layered","Full operative provisions were not provided, so complexity of specific clauses cannot be assessed"],"plain_english_summary":"This Act provides the legal framework to formally wind up the Tasmanian Early Years Foundation, enabling its dissolution while dealing with debts, assets, contracts and legal obligations. It affects the Foundation itself, its staff, contractors and funding recipients, and matters for anyone with legal or financial ties to the Foundation, ensuring an orderly closure under parliamentary authority."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act implements a focused wind-up of the Tasmanian Early Years Foundation: it dissolves the entity, transfers assets and liabilities to the Crown, preserves legal continuity, exempts related State taxes, and assigns temporary administration to the Premier (ss 4–10, 11). It does not add new functions, regulatory regimes, or ongoing obligations beyond those necessary to effect the transfer and reporting in the year of commencement (s 9)."},"complexity_factors":["Narrow, single-purpose object: limited to winding-up and repeal of the Foundation (ss 4, 11).","Automatic vesting of all assets and liabilities in the Crown simplifies transfer mechanics but requires property/accounting adjustments (s 5).","Broad tax exemption for instruments and transfers reduces immediate tax frictions but could raise interpretive questions about scope of 'State tax' (s 5(2), s 8).","Continuity rules for documents and legal proceedings maintain rights and obligations but may require re-service or re-labelling in ongoing litigation (ss 6–7).","Commencement by proclamation means the effective date is discretionary, creating timing uncertainty for stakeholders (s 2).","Temporary administrative centralisation under the Premier until an Administrative Arrangements order may concentrate decision-making during transition (s 10)."],"plain_english_summary":"This Act dissolves the Tasmanian Early Years Foundation and vests its assets and liabilities in the Crown, with documents and legal proceedings treated as involving the Crown; State tax is not payable on transfers to give effect to the transfer (ss 4–8). The Premier and the Department of Premier and Cabinet temporarily administer the winding-up, and the relevant departmental annual reports must record the Foundation’s matters for the year of commencement (ss 9–10)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of winding up the Tasmanian Early Years Foundation. The scope has not expanded beyond the dissolution, asset transfer, and administrative clean-up necessary to close a statutory body."},"complexity_factors":["Only 4 defined terms in the interpretation section (commencement day, Foundation, repealed Act, State tax)","Straightforward sequential structure with no nested exceptions or conditional logic beyond basic timing triggers","Minimal cross-referencing — only references to the repealed Act and standard administrative Acts for reporting and administration","No delegated legislation or regulation-making powers","Single purpose legislation with clear, linear operation: dissolve → transfer assets/liabilities → update documents → handle legal proceedings → tax exemption → reporting → repeal","Length: 11 sections plus a one-item schedule, approximately 2 pages of substantive content"],"plain_english_summary":"**What this law does:**\n\nThis Act shuts down the Tasmanian Early Years Foundation — a government body set up in 2005 — and transfers everything it owned and owed to the Tasmanian Government (the Crown).\n\n**Who it affects:**\n\n- **The Foundation itself**: It ceases to exist on the day the Act starts (the \"commencement day\").\n- **The Tasmanian Government**: It automatically takes over all the Foundation's property, debts, and legal responsibilities.\n- **Anyone doing business with the Foundation**: Contracts, court cases, and legal documents that mentioned the Foundation are now treated as referring to the Crown instead.\n\n**Key things that happen:**\n\n- **Dissolution**: The Foundation is dissolved (legally wound up) on commencement day.\n- **Asset transfer**: All property owned by the Foundation becomes Crown property.\n- **Debt transfer**: All money owed by the Foundation becomes money owed by the Crown.\n- **Legal continuity**: Any court cases involving the Foundation can continue, but with the Crown as the party instead.\n- **Tax savings**: No state taxes (fees, duties, charges) apply to the transfers or documents needed to make this wind-up happen.\n- **Reporting**: The Department of Premier and Cabinet must include information about the Foundation in its annual financial reports for the year the Act commences.\n- **Clean-up**: The original 2005 Act that created the Foundation is repealed (cancelled).\n\n**Why it matters:**\n\nThis is a tidy-up law. It ensures that when the Foundation closes, there's no legal limbo — assets don't get stuck in limbo, creditors still get paid (now by the government), and ongoing legal matters don't collapse. The tax exemption saves public money by avoiding stamp duties and fees on the transfer of assets back to government ownership."}},"importantCases":[],"_links":{"self":"/api/acts/tasmanian-early-years-foundation-winding-up-act-2016","history":"/api/acts/tasmanian-early-years-foundation-winding-up-act-2016/history","analysis":"/api/acts/tasmanian-early-years-foundation-winding-up-act-2016/analysis","conflicts":"/api/acts/tasmanian-early-years-foundation-winding-up-act-2016/conflicts","importantCases":"/api/acts/tasmanian-early-years-foundation-winding-up-act-2016/important-cases","documents":"/api/acts/tasmanian-early-years-foundation-winding-up-act-2016/documents"}}