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Tasmania act
This Act winds up the Anzac Day Trust and its Anzac Day Trust Fund on commencement, terminates the Trust’s members and staff, and transfers all the Trust’s assets and liabilities to the Crown. It treats existing documents and ongoing or prospective legal proceedings as continuing against the Crown and exempts state tax on transfer documents.
Administration of the Act is assigned to the Minister for Veterans’ Affairs until an Administrative Arrangements order takes effect, shifting decision‑making and financial responsibility from the Trust to the Crown.
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Direct links to the current provisions in Anzac Day Trust Winding-up Act 2020.
This Act may be cited as the Anzac Day Trust Winding-up Act 2020 .
This Act commences on the day on which this Act receives the Royal Assent.
In this Act –
commencement day means the day on which this Act commences;
document means a document or part of a document –
(a) that was in force immediately before the commencement day; and
(b) in which there was a reference to the Trust; and
(c) that relates to an asset or liability of the Trust;
Fund means the Anzac Day Trust Fund established under Part III of the Anzac Day Observance Act 1929 ;
State tax means any of the following imposed by an Act or law of this State:
(a) a fee;
(b) a tax or duty;
(c) a charge;
Trust means the Anzac Day Trust established under Part III of the Anzac Day Observance Act 1929 .
On the commencement day –
(a) the Trust is wound up; and
(b) the Fund is wound up; and
(c) the appointments of the members of the Trust and its staff are terminated.
(1) On the commencement day, the assets and liabilities of the Trust become assets and liabilities of the Crown.
(2) State tax is not payable in respect of any document prepared, or transfer or transaction done, to give effect to subsection (1).
Unless the context or subject matter of a document otherwise requires, on and after the commencement day a reference in the document to the Trust is taken to be or to include a reference to the Crown.
On and after the commencement day –
(a) any legal or other proceeding instituted by or against the Trust before, and pending on, the commencement day may be continued by or against the Crown; and
(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 commencement day may be instituted by or against the Crown; and
(c) any judgment or order of a court obtained before the commencement day by or against the Trust and not executed or satisfied before the commencement day may be enforced by or against the Crown; and
(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.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –
(a) the administration of this Act is assigned to the Minister for Veterans’ Affairs; and
(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Communities Tasmania.
9.
See Schedule 1 .
See Schedule 1 .
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
This Act may be cited as the Anzac Day Trust Winding-up Act 2020 .
This Act commences on the day on which this Act receives the Royal Assent.
In this Act –
commencement day means the day on which this Act commences;
document means a document or part of a document –
(a) that was in force immediately before the commencement day; and
(b) in which there was a reference to the Trust; and
(c) that relates to an asset or liability of the Trust;
Fund means the Anzac Day Trust Fund established under Part III of the Anzac Day Observance Act 1929 ;
State tax means any of the following imposed by an Act or law of this State:
(a) a fee;
(b) a tax or duty;
(c) a charge;
Trust means the Anzac Day Trust established under Part III of the Anzac Day Observance Act 1929 .
On the commencement day –
(a) the Trust is wound up; and
(b) the Fund is wound up; and
(c) the appointments of the members of the Trust and its staff are terminated.
(1) On the commencement day, the assets and liabilities of the Trust become assets and liabilities of the Crown.
(2) State tax is not payable in respect of any document prepared, or transfer or transaction done, to give effect to subsection (1).
Unless the context or subject matter of a document otherwise requires, on and after the commencement day a reference in the document to the Trust is taken to be or to include a reference to the Crown.
On and after the commencement day –
(a) any legal or other proceeding instituted by or against the Trust before, and pending on, the commencement day may be continued by or against the Crown; and
(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 commencement day may be instituted by or against the Crown; and
(c) any judgment or order of a court obtained before the commencement day by or against the Trust and not executed or satisfied before the commencement day may be enforced by or against the Crown; and
(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.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –
(a) the administration of this Act is assigned to the Minister for Veterans’ Affairs; and
(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Communities Tasmania.
9.
See Schedule 1 .
See Schedule 1 .
Section 9 Anzac Day Observance Act 1929