{"id":"tas:act-1970-058","name":"Timber Promotion Act 1970","slug":"timber-promotion-act-1970","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"58 of 1970","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110295,"registerId":"tas-act-1970-058-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title and commencement","content":"### 1 Short title and commencement\n\n> > (1)  This Act may be cited as the [Timber Promotion Act 1970](/view/html/inforce/2026-04-12/act-1970-058) .\n> \n> > (2)  This Act shall commence on a date to be fixed by proclamation.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> *\\[Section 2 Amended by No. 25 of 1994, s. 45 and Sched. 3 \\]*In this Act, unless the contrary intention appears –\n> \n> > ***Board*** means the Tasmanian Timber Promotion Board established under this Act;\n> \n> > [*\\[Section 2 Amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013\\]*](/view/html/inforce/2013-12-11/act-2013-050#JS1@Ja28@GC1@Hpa@EN) ***Forestry corporation*** means the Forestry corporation continued by [section 6](/view/html/inforce/2026-04-12/act-2013-049#GS6@EN) of the Principal Act;\n> \n> > ***Fund*** means the Tasmanian Timber Promotion Fund established under [section eight](#GS8@EN) ;\n> \n> > [*\\[Section 2 Amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013\\]*](/view/html/inforce/2013-12-11/act-2013-050#JS1@Ja28@GC1@Hpb@EN) ***Principal Act*** means the [Forest Management Act 2013](/view/html/inforce/2026-04-12/act-2013-049)  –\n> \n> and other words and expressions to which meanings are assigned by the Principal Act have respectively the same meanings as they have for the purposes of that Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Establishment and functions of Tasmanian Timber Promotion Board","content":"### 3 Establishment and functions of Tasmanian Timber Promotion Board\n\n> > (1)  There shall be established a Tasmanian Timber Promotion Board which shall be charged with the duty of promoting the use, whether in this State or elsewhere, of wood, particularly wood obtained in the State.\n> \n> > (2)  The Minister may refer to the Board any matter arising in connection with the promotion of the use of wood, and the Board shall consider any matter so referred and report to the Minister thereon.\n> \n> > (3)  For the purposes of this Act the promotion of the use of wood includes –\n> > \n> > > > (a) the carrying out of research and other investigations in relation to the uses of wood and to the marketing of wood and the products obtained therefrom; and\n> > > \n> > > > (b) the dissemination of information and the giving of publicity in respect of any of the matters referred to in [paragraph (a)](#GS3@Gs3@Hpa@EN) of this subsection.\n> \n> > (4)  For the purpose of carrying out any of its functions under this Act the Board may make arrangements with or give assistance to any authority, organization, association, or other person.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of the Board","content":"### 4 Constitution of the Board\n\n> *\\[Section 4 Subsection (5) amended by No. 25 of 1994, s. 45 and Sched. 3 \\]**\\[Section 4 Subsection (7) substituted by No. 29 of 1984, s. 3 and Sched. 1 \\]**\\[Section 4 Subsection (8) amended by No. 29 of 1984, s. 3 and Sched. 1 \\]*\n> \n> > (1)  The Board shall be a body corporate with perpetual succession and a common seal.\n> \n> > (2)  The Board shall consist of such number of members, not less than five or more than seven, as the Minister may determine, appointed in accordance with the provisions of this section.\n> \n> > (3)  Such number of members of the Board as the Minister may determine, being more than half the number of the members thereof as determined under [subsection (2)](#GS4@Gs2@EN) of this section, shall be appointed by the Minister on the nomination of the body known as the Tasmanian Timber Association or, if that body has ceased to exist, such other association for the furtherance of the interests of persons engaged in the timber industry in this State as the Minister determines.\n> \n> > (4)  Where a member of the Board is required to be appointed under [subsection (3)](#GS4@Gs3@EN) of this section and no person is nominated for that appointment in accordance with directions given by the Minister in that behalf, the Minister may appoint as a member of the Board such person as he considers suitable to represent the interests of persons engaged in the timber industry in this State.\n> \n> > (5)  At least two of the members of the Board shall be appointed by the Minister on the recommendation of the Forestry corporation, and at least one of the two members so appointed shall be a employee of the Forestry corporation.\n> \n> > (6)  The chairman of the Board shall be such member thereof as the Board may annually appoint in that behalf.\n> \n> > (7)  [*\\[Section 4 Subsection (7) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja156@GC1@Hpb@EN) [*\\[Section 4 Subsection (7) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja156@GC1@Hpa@EN) The members of the Board are not, as such, subject to the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) , but a State Service officer or State Service employee may hold office as a member of the Board in conjunction with State Service employment.\n> \n> > (8)  [*\\[Section 4 Subsection (8) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja156@GC1@Hpc@EN) The Board shall pay to the members thereof such remuneration and travelling or other allowances as the Minister approves; but no remuneration shall be paid under this subsection to a Commissioner or a State Service officer or State Service employee in respect of any duties performed by him otherwise than on a State Service holiday.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Term of office and removal of members of the Board","content":"### 5 Term of office and removal of members of the Board\n\n> *\\[Section 5 Subsection (7) amended by No. 25 of 1994, s. 45 and Sched. 3 \\]*\n> \n> > (1)  Subject to this section a member of the Board, unless he sooner resigns or is removed from office or otherwise ceases to hold office, continues in office for a period of three years from the date on which he was last appointed a member of the Board.\n> \n> > (2)  Where a member of the Board dies or ceases to hold office otherwise than by reason of the effluxion of time, the member appointed to fill the vacancy ceases to hold office at the expiration of the unexpired term of office of the member in whose place he is appointed.\n> \n> > (3)  The Minister may remove from office any member of the Board who, he is satisfied –\n> > \n> > > > (a) has become permanently incapable of carrying out the duties of his office;\n> > > \n> > > > (b) has misconducted himself in the performance of the duties of his office;\n> > > \n> > > > (c) has, without leave of the Board, been absent from three or more consecutive meetings of the Board;\n> > > \n> > > > (d) has applied to take, or takes, advantage of any law relating to bankruptcy, or has compounded, or entered into an arrangement, with his creditors; or\n> > > \n> > > > (e) has been convicted (whether in this State or elsewhere) of an offence of such nature that, in the opinion of the Minister, renders it improper for him to continue to hold office as a member of the Board.\n> \n> > (4)  Without prejudice to the generality of the provisions of [paragraph (b)](#GS5@Gs3@Hpb@EN) of [subsection (3)](#GS5@Gs3@EN) of this section, a member of the Board shall be deemed to have misconducted himself in the performance of the duties of his office if –\n> > \n> > > > (a) he votes on any matter before the Board in which he has a direct pecuniary interest; or\n> > > \n> > > > (b) he takes part in, or is present at, the discussion of any such matter before the Board without disclosing his pecuniary interest to the members of the Board present.\n> \n> > (5)  [*\\[Section 5 Subsection (5) substituted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja66@GC1@EN) In the case of a member of the Board who has a spouse or who is in a personal relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , a pecuniary interest of the spouse or the other party to the personal relationship is taken for the purposes of this section to be a pecuniary interest of the member if the interest is known to that member.\n> \n> > (6)  The Minister may, at the request of the body referred to in [subsection (3)](#GS4@Gs3@EN) of section four, remove from office a member of the Board appointed under that subsection if he is satisfied that it is desirable that he should be so removed.\n> \n> > (7)  The Minister may, at the request of the Forestry corporation, remove from office any member of the Board appointed under [subsection (5)](#GS4@Gs5@EN) of section four; and any employee of the Forestry corporation holding office as a member of the Board ceases to hold office as a member of the Board on his ceasing to be an employee of the Forestry corporation.\n> \n> > (8)  A member of the Board shall not be removed from office otherwise than under this section.\n> \n> > (9)  Where the Board has given permission for a member thereof to be absent from the meetings of the Board for a period of at least three months the Minister may appoint a person to act as a member of the Board in the place of that member; and the person so appointed shall, during the period for which that member is so given permission to be absent, act as a member of the Board in his place.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Proceedings, &c., of the Board","content":"### 6 Proceedings, &c., of the Board\n\n> > (1)  The chairman of the Board, or if he is absent or there is no chairman, such one of the other members present as they may choose, shall preside at each meeting of the Board.\n> \n> > (2)  The chairman or other person presiding at a meeting of the Board has a deliberative vote only and, in the event of an equality of votes on any matter before a meeting of the Board, that matter stands adjourned to the next meeting of the Board.\n> \n> > (3)  At any meeting of the Board a quorum is constituted if half or more than half the number of members of the Board, as determined pursuant to [subsection (2)](#GS4@Gs2@EN) of section four, is present.\n> \n> > (4)  The Board shall cause proper minutes to be made of the proceedings at its meetings.\n> \n> > (5)  Subject to this Act, the Board may regulate its own proceedings.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Secretary and other officers","content":"### 7 Secretary and other officers\n\n> The Board shall appoint a secretary of the Board, and may employ such persons as it considers necessary for the exercise of its functions.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Tasmanian Timber Promotion Fund","content":"### 8 Tasmanian Timber Promotion Fund\n\n> *\\[Section 8 Subsection (2) amended by No. 25 of 1994, s. 45 and Sched. 3 \\]*\n> \n> > (1)  The Board shall establish and maintain a fund to be called the Tasmanian Timber Promotion Fund.\n> \n> > (2)  There shall be paid into the Fund –\n> > \n> > > > (a) all sums paid by the Forestry corporation to the Board under this Act; and\n> > > \n> > > > (b) any other funds paid or made available to the Board.\n> \n> > (3)  The expenses incurred by the Board, and any other sums required to be paid by the Board, shall be defrayed out of the Fund.\n> \n> > (4)  Moneys standing to the credit of the Fund may be invested by the Board in any manner in which trustees are authorized to invest trust funds or in such other manner as the Treasurer, on the recommendation of the Minister, may approve.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Additional royalty for promotion purposes","content":"### 9 Additional royalty for promotion purposes\n\n> *\\[Section 9 Subsection (5) amended by No. 25 of 1994, s. 45 and Sched. 3 \\]*\n> \n> > (1)  The Minister may, by order made on the recommendation of the Board, fix an additional royalty to be paid in respect of timber obtained for sawmilling purposes.\n> \n> > (2)  An order under this section may determine the rate of the additional royalty, the timber in respect of which it is fixed, and the manner in which it is to be assessed in respect of any timber.\n> \n> > (3)  The amount of the royalty payable under the Principal Act in respect of timber in respect of which an additional royalty is fixed under this Act, being timber that is obtained after the commencement of this Act under a forest permit or a licence granted under the Principal Act (whether that permit or licence was so granted before or after that commencement) is increased by the amount of that additional royalty.\n> \n> > (4)  Subject to this Act the provisions of the Principal Act relating to the payment and recovery of royalties, and the application of the proceeds thereof, apply to royalties the amount of which is increased under this section.\n> \n> > (5)  Where any timber is sold by the Forestry corporation under the Principal Act the amount of the additional royalty fixed under this section in respect of that timber shall be specified in the contract under which the timber is sold; and in fixing the consideration to be paid for any such timber the Forestry corporation shall have regard to the sums required to be paid in respect thereof under [paragraph (b)](#GS10@Gs1@Hpb@EN) of [subsection (1)](#GS10@Gs1@EN) of section ten.\n> \n> > (6)  Where the Commission has, before the commencement of this Act, entered into a contract for the sale to any person of timber in respect of which an additional royalty is fixed under this section, that contract shall be deemed, by virtue of this subsection, to have been varied so that the consideration required to be paid thereunder for any of such timber that is delivered to that person after the commencement of this Act is increased by the amount of the additional royalty fixed under this section in respect of that timber.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Payments by Forestry corporation to Board","content":"### 10 Payments by Forestry corporation to Board\n\n> *\\[Section 10 Subsection (1) amended by No. 25 of 1994, s. 45 and Sched. 3 \\]**\\[Section 10 Subsection (2) amended by No. 25 of 1994, s. 45 and Sched. 3 \\]**\\[Section 10 Subsection (3) amended by No. 25 of 1994, s. 45 and Sched. 3 \\]*\n> \n> > (1)  The Forestry corporation shall pay to the Board, at such times as the Minister directs, sums of amounts equivalent to –\n> > \n> > > > (a) so much of the amounts of the royalties paid to the Forestry corporation as arise from the additional royalties fixed under [section nine](#GS9@EN) ; and\n> > > \n> > > > (b) the amount of the additional royalty fixed under that section as assessed on timber in respect of which that royalty is fixed that has been sold by the Forestry corporation and for which payment has been made to the Forestry corporation.\n> \n> > (2)  [Paragraph (b)](#GS10@Gs1@Hpb@EN) of [subsection (1)](#GS10@Gs1@EN) of this section applies to timber sold under a contract that is entered into by the Forestry corporation after the commencement of this Act and to any timber sold under such a contract that is entered into before that commencement that is delivered to the purchaser thereof after that commencement.\n> \n> > (3)  [*\\[Section 10 Subsection (3) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja129@GC1@EN) The sums required to be paid by the Forestry corporation under this section shall be paid out of the sums that would, apart from this subsection, be required under Part V of the Principal Act to be paid into the Public Account, and the sums so required to be paid shall be deemed not to form part of the revenue of the Forestry corporation for the purposes of that Act.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Estimates of expenditure of the Board","content":"### 11 Estimates of expenditure of the Board\n\n> > (1)  Before the commencement of any financial year the Commission shall furnish to the Board an estimate of the amount of the sums that are likely to be paid to the Board under [section ten](#GS10@EN) during that financial year.\n> \n> > (2)  After the receipt of an estimate under [subsection (1)](#GS11@Gs1@EN) of this section in respect of any financial year the Board shall prepare and submit to the Minister an estimate of the expenditure of the Board during that financial year.\n> \n> > (3)  An estimate under [subsection (2)](#GS11@Gs2@EN) of this section shall contain such particulars as the Minister may direct.\n> \n> > (4)  The Minister may direct the Board to submit an estimate to him under [subsection (2)](#GS11@Gs2@EN) of this section within such time as may be specified in that direction, and if the Board does not comply with that direction, it shall not, without the approval of the Minister, defray any expenses out of the Fund until such an estimate is submitted to the Minister and approved by him.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Annual report and accounts","content":"### 12 Annual report and accounts\n\n> *\\[Section 12 Subsection (2) amended by No. 9 of 1982, s. 7 and Sched. 10 \\]*\n> \n> > (1)  The Board shall as soon as practicable after the end of each financial year submit to the Minister a report on its proceedings during that year.\n> \n> > (2)  [*\\[Section 12 Subsection (2) amended by No. 50 of 2008, Sched. 1, Applied:01 Mar 2009\\]*](/view/html/inforce/2009-03-01/act-2008-050#JS1@Ja44@GC1@Hpb@EN) [*\\[Section 12 Subsection (2) amended by No. 50 of 2008, Sched. 1, Applied:01 Mar 2009\\]*](/view/html/inforce/2009-03-01/act-2008-050#JS1@Ja44@GC1@Hpa@EN) [*\\[Section 12 Subsection (2) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001\\]*](/view/html/inforce/2001-07-15/act-2001-042#JS1@Ja62@GC1@EN) The Board shall cause proper accounts to be kept of its receipts and expenditure and shall, as soon as practicable after the end of each financial year, cause its accounts for that year to be made up and to be audited by the Auditor-General in accordance with the [Audit Act 2008](/view/html/inforce/2026-04-12/act-2008-049) , and shall submit to the Minister a copy of those accounts together with a copy of the report of the Auditor-General thereon.\n> \n> > (3)  The Minister shall lay before each House of Parliament a copy of any report or accounts submitted to him under this section.","sortOrder":11}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Subsequent amendments and the Act’s cross-references expand the role of the Forestry corporation in governance and funding: Forestry corporation must recommend and provide certain Board members and pay amounts equivalent to additional royalties into the Fund (s 4(5); s 10(1)). The Act ties promotional funding to an additional royalty mechanism set by the Minister on the Board’s recommendation and treats those sums separately for accounting purposes (s 9; s 10(3)). These changes shift funding responsibility onto timber royalty payers and increase ministerial and corporate involvement in Board finance and appointments."},"complexity_factors":["Cross-references to the Principal Act and other statutes (definition of Forestry corporation, Principal Act) (s 2)","Multiple appointment routes and representational requirements for Board membership, including industry nominations and Forestry corporation recommendations (s 4(2)–(5))","Ministerial discretion to set an additional royalty on the Board’s recommendation and to approve spending/estimates (s 9(1); s 11(3)–(4))","Payment and accounting mechanism tying Fund receipts to royalties collected by the Forestry corporation and altering revenue treatment (s 9(3)–(4); s 10(1), (3))","Governance and integrity rules including removal for conflicts of interest and misconduct (s 5(3)–(5))","Financial powers and investment discretion for the Fund subject to Treasurer/Minister approval (s 8(4))","Audit and reporting obligations to the Minister and Parliament (s 12(1)–(3))","Amendments and historical substitutions referenced in the text increase interpretive complexity (multiple amendment notes)"],"plain_english_summary":"This Act creates the Tasmanian Timber Promotion Board to promote use of timber and establishes the Tasmanian Timber Promotion Fund to pay for research, marketing and publicity. The Board can employ staff, make arrangements with other bodies, and report to the Minister. \n\nFunding comes from an additional royalty fixed by the Minister on the Board’s recommendation and paid to the Board through the Forestry corporation (ss 3, 8–10). The measure shifts costs onto timber royalty payers, gives the Minister and Board discretion over rates and spending, and requires audits and reporting (ss 9–12)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the scope of the Act has changed from its original intent. The title suggests a narrow, industry-promotion focus that appears consistent with a 1970s-era industry support measure, but no operative provisions were available to confirm whether amendments have broadened or narrowed that scope over time."},"complexity_factors":["Only metadata and status information was provided — no operative legal provisions are visible for analysis","The Act's age (1970) may mean it uses older legislative drafting styles that can be harder to interpret","Potential complexity from amendments over 50+ years that may have altered original intent","Industry-specific subject matter (timber/forestry) may involve technical terminology","Interaction with other Tasmanian forestry and environmental laws unknown without full text"],"plain_english_summary":"The Timber Promotion Act 1970 is a Tasmanian law aimed at promoting the local timber industry, affecting timber and forestry businesses and the government bodies that administer timber activities. It matters because it remains current law after decades and amendments.\n\nHowever, the supplied text lacks the Act’s operative sections, so specific rights, duties, powers, or compliance impacts cannot be determined from the available material."},"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":true,"description":"The original 1970 Act established a simple promotional body with industry funding. Over 50+ years of amendments, it has become increasingly integrated with broader forestry governance structures. The 2013 amendments fundamentally reoriented the Act by replacing references to the former Forestry Commission with the new Forestry corporation and Forest Management Act 2013, effectively subordinating this promotional body to a completely rewritten forestry regime. The scope has shifted from standalone industry promotion to a component of a comprehensive state forestry management framework."},"complexity_factors":["Multiple amendment references throughout (1994, 2000, 2001, 2003, 2008, 2013, 2017) creating visual clutter","Cross-references to the Forest Management Act 2013 ('Principal Act') for definitions and royalty mechanisms","Conditional appointment rules: majority industry-nominated members, minimum Forestry corporation representation, with fallback Minister appointment powers if nominations fail","Nested pecuniary interest provisions including spousal/personal relationship deeming rules (section 5(5))","Complex funding mechanism involving additional royalties, contractual adjustments for pre-existing timber sales, and specific payment timing rules","Quorum and voting deadlock provisions (chair has deliberative vote only, equality means adjournment)"],"plain_english_summary":"This law creates a **Tasmanian Timber Promotion Board** — a government body whose job is to promote the use of Tasmanian wood, both locally and overseas.\n\n**What the Board does:**\n- Markets and promotes Tasmanian timber\n- Conducts research into wood uses and marketing\n- Spreads information about wood products\n- Can work with other organisations or individuals to achieve these goals\n\n**How it's funded:**\n- The law establishes a **Tasmanian Timber Promotion Fund**\n- Money comes from an **additional royalty** (a special extra fee) on timber harvested for sawmilling\n- The Forestry corporation (Tasmania's state forestry body) collects this extra royalty and passes it to the Board\n\n**Who runs the Board:**\n- 5 to 7 members appointed by the Minister\n- Most members are nominated by the timber industry (via the Tasmanian Timber Association)\n- At least two members come from the Forestry corporation, with at least one being a Forestry corporation employee\n- Members serve 3-year terms and can be removed for misconduct, bankruptcy, or incapacity\n\n**Key rules:**\n- The Board is a separate legal entity (a \"body corporate\") with its own seal\n- It must keep proper minutes and accounts\n- Its accounts are audited by the Auditor-General\n- It must submit annual reports to Parliament\n- Members must declare any financial interests and can't vote on matters where they stand to profit\n\n**Why it matters:**\nThis law ensures Tasmania's timber industry has dedicated funding and a focused body to market its products, with the costs borne by the industry itself through the additional royalty system rather than general taxpayers."}},"importantCases":[],"_links":{"self":"/api/acts/timber-promotion-act-1970","history":"/api/acts/timber-promotion-act-1970/history","analysis":"/api/acts/timber-promotion-act-1970/analysis","conflicts":"/api/acts/timber-promotion-act-1970/conflicts","importantCases":"/api/acts/timber-promotion-act-1970/important-cases","documents":"/api/acts/timber-promotion-act-1970/documents"}}