{"id":"tas:act-2008-004","name":"Tsuneichi Fujii Fellowship Trust (Winding-up) Act 2008","slug":"tsuneichi-fujii-fellowship-trust-winding-up-act-2008","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"4 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":59631,"registerId":"tas-act-2008-004-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Tsuneichi Fujii Fellowship Trust (Winding-up) Act 2008](/view/html/inforce/2026-04-12/act-2008-004) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  Except as provided in this section, this Act commences on the day on which this Act receives the Royal Assent.\n> \n> > (2)  [Section 10](#GS10@EN) and [Schedule 2](#JS2@EN) commence on the dissolution day.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act –\n> \n> > ***dissolution day*** means the day on which a notice is published in the *Gazette* under [section 4(4)](#GS4@Gs4@EN) ;\n> \n> > ***Trust*** means the Tsuneichi Fujii Fellowship Trust established by [section 3 of the Trust Act](/view/html/inforce/2026-04-12/act-1985-113#GS3@EN) ;\n> \n> > ***Trust Act*** means the [Tsuneichi Fujii Fellowship Trust Act 1985](/view/html/inforce/2026-04-12/act-1985-113) .","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Winding-up of Trust","content":"# Part 2 Winding-up of Trust","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Dissolution of Trust","content":"### 4 Dissolution of Trust\n\n> > (1)  After applying all of the funds of the Trust in accordance with [section 10 of the Trust Act](/view/html/inforce/2026-04-12/act-1985-113#GS10@EN) , the Trust is to notify the Minister in writing of the application of the funds.\n> \n> > (2)  After applying all of the funds of the Trust in accordance with [section 10 of the Trust Act](/view/html/inforce/2026-04-12/act-1985-113#GS10@EN) but before notifying the Minister under [subsection (1)](#GS4@Gs1@EN) of the application of the funds, the Trust must –\n> > \n> > > > (a) ensure that it has complied with [sections 17](/view/html/inforce/2026-04-12/act-1985-113#GS17@EN) and [18 of the Trust Act](/view/html/inforce/2026-04-12/act-1985-113#GS18@EN) with respect to the preceding financial year; and\n> > > \n> > > > (b) prepare, and provide to the Auditor-General, financial statements exhibiting a true and correct record of the financial position of the Trust with respect to the current financial year up until the day on which the financial statements are prepared.\n> \n> > (3)  A notice given to the Minister under [subsection (1)](#GS4@Gs1@EN) in a financial year is to be accompanied by –\n> > \n> > > > (a) a report of the affairs and activities of the Trust with respect to the financial year up until the day on which the notice is given to the Minister; and\n> > > \n> > > > (b) a copy of the financial statements prepared under [subsection (2)(b)](#GS4@Gs2@Hpb@EN) ; and\n> > > \n> > > > (c) a copy of the Auditor-General's report with respect to those statements.\n> \n> > (4)  As soon as practicable after receiving a notice under [subsection (1)](#GS4@Gs1@EN) and the accompanying documents referred to in [subsection (3)](#GS4@Gs3@EN) , the Minister, by notice in the *Gazette*, is to declare that the Trust is dissolved.\n> \n> > (5)  The Trust is dissolved on the dissolution day.\n> \n> > (6)  A notice under [subsection (4)](#GS4@Gs4@EN) is not a statutory rule for the purposes of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Transitional Provisions","content":"# Part 3 Transitional Provisions","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Transfer of assets and liabilities","content":"### 5 Transfer of assets and liabilities\n\n> > (1)  In this section –\n> > \n> > > ***State tax*** means any of the following imposed by any Act or law of Tasmania:\n> > > \n> > > > > (a) a fee;\n> > > > \n> > > > > (b) a tax or duty;\n> > > > \n> > > > > (c) a charge.\n> \n> > (2)  On the dissolution day –\n> > \n> > > > (a) the assets of the Trust vest in the Crown; and\n> > > \n> > > > (b) the liabilities of the Trust become the liabilities of the Crown.\n> \n> > (3)  State tax is not payable in respect of any document prepared, or transfer or transaction done, to give effect to [subsection (2)](#GS5@Gs2@EN) .","sortOrder":7},{"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 –\n> > > \n> > > > > (a) that was in force immediately before the dissolution day; and\n> > > > \n> > > > > (b) in which there is a reference to the Trust; and\n> > > > \n> > > > > (c) that relates to an asset or liability of the Trust.\n> \n> > (2)  Unless the context or subject matter of a document otherwise requires, on and after the dissolution day a reference in the document to the Trust is taken, where appropriate, to be or to include a reference to the Crown.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Legal proceedings and related matters","content":"### 7 Legal proceedings and related matters\n\n> On and after the dissolution day –\n> \n> > > (a) any legal or other proceeding instituted by or against the Trust before, and pending on, the dissolution 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 Trust to enforce an obligation that was required to be performed, or a right that had accrued, before the dissolution day may be instituted by or against the Crown; and\n> > \n> > > (c) any judgment or order of a court obtained before the dissolution day by or against the Trust and not executed or satisfied before the dissolution 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 Trust is taken, where appropriate, to have been served on or by the Crown.","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Administration of Act","content":"### 8 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.\n\n*\n\n**9.**   \n\n> See [Schedule 1](#JS1@EN) .\n\n*","sortOrder":11},{"sectionNumber":"9.","sectionType":"section","heading":null,"content":"### 9.\n\n> See [Schedule 1](#JS1@EN) .","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Legislation repealed","content":"### 10 Legislation repealed\n\n> The legislation specified in [Schedule 2](#JS2@EN) is repealed.","sortOrder":13},{"sectionNumber":"SCHEDULE 1 - Tsuneichi Fujii F","sectionType":"part","heading":"SCHEDULE 1 - Tsuneichi Fujii Fellowship Trust Act 1985 amended","content":"# SCHEDULE 1 - Tsuneichi Fujii F SCHEDULE 1 - Tsuneichi Fujii Fellowship Trust Act 1985 amended\n\n[Section 9](#GS9@EN) [Tsuneichi Fujii Fellowship Trust Act 1985](/view/html/inforce/2026-04-12/act-1985-113)","sortOrder":14},{"sectionNumber":"SCHEDULE 2 - Legislation repea","sectionType":"part","heading":"SCHEDULE 2 - Legislation repealed","content":"# SCHEDULE 2 - Legislation repea SCHEDULE 2 - Legislation repealed\n\n[Section 10](#GS10@EN)\n\n| Tsuneichi Fujii Fellowship Trust Act 1985 (No. 113 of 1985) |","sortOrder":15}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: winding up the Tsuneichi Fujii Fellowship Trust. The scope has not expanded beyond this specific administrative task."},"complexity_factors":["Only 3 defined terms in the interpretation section (dissolution day, Trust, Trust Act)","Straightforward sequential process: spend funds → notify Minister → Gazette notice → dissolution","Simple asset/liability transfer mechanism with automatic vesting in the Crown","Minimal cross-referencing (primarily to the 1985 Trust Act)","No nested exceptions or conditional logic beyond basic timing requirements","Short length (approximately 10 substantive sections plus 2 schedules)","Standard transitional provisions for legal continuity (proceedings, documents, judgments)"],"plain_english_summary":"**What this law does:**\n\nThis Act winds up (closes down) the **Tsuneichi Fujii Fellowship Trust** — a trust established in 1985 to provide fellowships for Tasmanian students to study in Japan.\n\n**Who it affects:**\n- The Trust itself (which will cease to exist)\n- Any remaining beneficiaries or creditors of the Trust\n- The Tasmanian Government (which takes over any leftover assets and liabilities)\n\n**How it works:**\n- The Trust must first spend all its funds according to the original 1985 Act\n- It must then finalise its accounts, get them audited, and report to the Minister\n- The Minister publishes a notice in the *Gazette* (the official government publication) declaring the Trust dissolved\n- On that \"dissolution day\":\n  - Any remaining assets transfer to the Crown (the government)\n  - Any remaining debts become government debts\n  - Ongoing or potential lawsuits involving the Trust can continue against the government instead\n  - Documents referring to the Trust are read as referring to the Crown\n- The original **Tsuneichi Fujii Fellowship Trust Act 1985** is repealed (cancelled)\n\n**Why it matters:**\nThis is a tidy-up law. The Trust has apparently served its purpose or run out of funds, so Parliament is formally closing it down, transferring any loose ends to the government, and removing the old law from the books. It ensures no legal gaps remain when the Trust disappears."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The Act converts the Trust from an operating statutory trust into a wound‑up entity by (a) requiring application of funds and audited reporting to the Minister and Auditor‑General before dissolution (s 4(1)–(3)), (b) vesting the Trust's assets and liabilities in the Crown on the dissolution day (s 5(2)), and (c) repealing the earlier Tsuneichi Fujii Fellowship Trust Act (s 10 and Schedule 2). These steps remove the Trust's ongoing operational scope and transfer legal and financial responsibilities to the Crown."},"complexity_factors":["Cross‑references to the earlier Trust Act throughout (definitions and application: s 3; ss 4(1)–(3) rely on s 10 of the Trust Act) — requires reading two Acts together.","Procedural compliance obligations before dissolution: apply funds per Trust Act, satisfy ss 17 and 18 of the Trust Act for the preceding year, prepare financial statements and provide an Auditor‑General report (s 4(2)–(3)) — administrative and audit burden on trustees.","Commencement and trigger mechanics: dissolution occurs on publication in the Gazette after the Minister receives the required notice and documents (ss 2(2), 4(3)–(5)) — timing and formality issues.","Property and tax consequences on dissolution: assets vest in the Crown and liabilities transfer to the Crown; specified exemption from State tax for documents/transfers to give effect to vesting (s 5(2)–(3)) — affects who ultimately bears costs and tax treatment.","Continuity of legal rights and obligations: documents may be read as referring to the Crown post‑dissolution (s 6) and ongoing/pending proceedings, judgments and service transfer to the Crown (s 7) — legal continuity and enforcement implications.","Administrative assignment and executive discretion: administration assigned to the Premier and the Department of Premier and Cabinet until an Administrative Arrangements order (s 8) — temporary executive control over implementation.","Repeal and legislative consolidation: repeal of the prior Trust Act is effected on dissolution (s 10 and Schedule 2) — legislative effect beyond mere winding‑up."],"plain_english_summary":"This Act winds up the Tsuneichi Fujii Fellowship Trust. Trustees must apply the Trust's funds under the Trust Act, prepare audited financial statements and notify the Minister; the Minister then publishes a Gazette notice declaring dissolution. On the dissolution day the Trust's assets vest in the Crown and its liabilities become Crown liabilities, legal proceedings and documents transfer to the Crown, and no State tax is payable on the transfer steps. Administration is assigned to the Premier until an Administrative Arrangements order is made."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears entirely consistent with its stated purpose — the formal winding-up of the Tsuneichi Fujii Fellowship Trust. There is no indication of scope creep or expansion beyond that singular objective."},"complexity_factors":["Very narrow and specific subject matter — applies to a single named trust only","Limited legislative text available for analysis, making full assessment difficult","Winding-up legislation can involve technical trust law concepts (distribution of assets, trustee obligations, residual beneficiary arrangements), though these are typically straightforward in targeted Acts of this kind","Historical context of the trust's original establishment is unknown, which could add hidden complexity"],"plain_english_summary":"The Act formally winds up and dissolves the Tsuneichi Fujii Fellowship Trust, terminating its legal existence and allowing remaining affairs and assets to be dealt with under the statute. \n\nIt’s a narrow, technical housekeeping law affecting only the trust’s trustees, administrators and any beneficiaries; it has no wider public impact."}},"importantCases":[],"_links":{"self":"/api/acts/tsuneichi-fujii-fellowship-trust-winding-up-act-2008","history":"/api/acts/tsuneichi-fujii-fellowship-trust-winding-up-act-2008/history","analysis":"/api/acts/tsuneichi-fujii-fellowship-trust-winding-up-act-2008/analysis","conflicts":"/api/acts/tsuneichi-fujii-fellowship-trust-winding-up-act-2008/conflicts","importantCases":"/api/acts/tsuneichi-fujii-fellowship-trust-winding-up-act-2008/important-cases","documents":"/api/acts/tsuneichi-fujii-fellowship-trust-winding-up-act-2008/documents"}}