Corporations (Tasmania) Act 1990

The Act arranges several recurring legal structures and concepts that practitioners need to have present when advising or litigating.

National scheme law and applicable provisions

• The Act repeatedly uses “national scheme law of this jurisdiction” to mean this Act, the Corporations Law of Tasmania, and the ASIC Law of Tasmania (see definitions in s 3 and s 60). That phrase is the statutory label for the composite of Commonwealth and applied instruments that together govern corporate activity in Tasmania (s 60).
• “Applicable provision” is a defined cross‑jurisdictional term in s 3(1), capturing provisions of the Corporations Law, Corporations Regulations, ASIC Law and ASIC Regulations as they apply to particular jurisdictions. This definition is central to how offences and administrative actions get treated as Commonwealth matters (see ss 28-31, 35-36).

Importation and local application

• The Corporations Law is applied as law of Tasmania by s 7. The Corporations Regulations in force immediately before the Commonwealth repeal are applied by s 8. The ASIC Act (except specified excluded parts) applies as the ASIC Law of Tasmania by s 58; regulations under section 251 of the ASIC Act are applied via s 59.
• Interpretation aids: the Acts Interpretation Act 1901 (Commonwealth) applies in relation to the Corporations Law and the ASIC Law (ss 10 and 62), but certain Tasmanian interpretation statutes do not apply (s 10(2), s 62(2)).

Administrative and enforcement centralisation

• The Act converts the enforcement and administration of the adopted provisions into a national framework by treating offences and administrative acts arising under applicable provisions “as if” they were offences or acts against Commonwealth law (ss 28-30, 35-36). This makes Commonwealth investigative and enforcement machinery relevant to Tasmanian matters.
• It also explicitly confers the same functions and powers on Commonwealth bodies in relation to equivalent applicable provisions in Tasmania (ss 31, 37).

Judicial allocation and cross‑vesting

• Part 9 creates national rules for jurisdiction and procedure: it confers jurisdiction on State superior courts and lower courts, and allows transfer of proceedings between courts where appropriate (ss 42, 42B, 44-45). It also deals with enforcement of judgments (s 50) and rules of court (s 51).
• The Act provides special rules for criminal jurisdiction in respect of corporates (ss 53-56).

Institutions imported and empowered

• The Australian Securities and Investments Commission (the Commission), the Corporations and Securities Panel (the Panel) and the Companies Auditors and Liquidators Disciplinary Board (the Disciplinary Board) are given functions and powers to operate in Tasmania in respect of national scheme laws (ss 66-71). The Act also contemplates Commission delegates, staff members, the Chairperson etc. in detailed definitions (s 60).

Interaction with co‑operative scheme laws and residual Tasmanian instruments

• The Act identifies a set of pre‑existing co‑operative scheme laws (s 84) and articulates that national scheme laws prevail where inconsistent (s 85). It permits regulations to exclude or modify residual operation of co‑operative scheme laws (ss 86-88) and sets rules for referencing and mapping old codes to the national scheme (s 90).

Revenue and payments

• Fees and taxes are imposed as prescribed in the Corporations Regulations of Tasmania (s 22). Specific levies and contributions for securities exchanges, National Guarantee Fund and futures organisations are imposed by ss 23-25. Fines and penalties imposed under applicable provisions are paid to the Commonwealth (s 79).

Interpretive and procedural detail

• Definitions control key obligations and powers (s 3, s 60). Giving information and “examination” definitions clarify scope of investigatory powers (s 61 and s 60). The Act also prescribes that certain Commonwealth evidence and Crimes Act provisions apply in relation to ASIC Law examinations and hearings (ss 74-75).

In short, the main concepts are importation of Commonwealth corporations and ASIC laws into Tasmanian statute, treatment of offences/administrative acts as Commonwealth matters for enforcement and review, allocation of jurisdiction among courts, conferral of powers and duties on Commonwealth authorities to operate in Tasmania, and interaction rules with pre‑existing Tasmanian co‑operative codes. Each of these concepts has concrete behavioural implications for regulated entities, enforcement agencies and Tasmanian courts, which follow below.

(References: ss 3, 7-10, 22-25, 28-37, 42-51, 58-66, 74-75, 79-90.)

The Act reassigns legal roles and creates obligations that affect identifiable groups. Below I list the principal affected actors and the statutory mechanisms that change their legal position.

Corporations, firms and market participants

• Companies and other bodies corporate operating in Tasmania become directly subject to the Corporations Law of Tasmania and the Corporations Regulations of Tasmania as if those laws are Tasmanian law (s 7, s 8). The ASIC Law and ASIC Regulations likewise apply (ss 58-59), except where specific exclusions exist (s 58(2)).
• Members of securities exchanges and futures organisations are subject to contributions and levies (ss 23, 25), and those seeking exchange membership are liable for admission contributions (s 23(1)(a)). Levies for the National Guarantee Fund are imposed under s 24.

Directors, officers and other insiders

• The Act’s definitions in s 60 treat “officer” broadly (directors, secretaries, executive officers, administrators, liquidators), so the Corporations Law obligations and liabilities apply to a wide range of corporate decision‑makers (s 60(1) definitions). Those persons face investigatory and enforcement exposure under the applied national scheme.

Professional advisers, auditors and liquidators

• Auditors, liquidators and advisers who operate within Tasmania are affected by the Disciplinary Board’s retained functions and by Panel and Commission powers (ss 66-71, s 95). The Act preserves earlier disciplinary arrangements in limited respects (s 95).

Commonwealth authorities and their staff

• The Australian Securities and Investments Commission (the Commission), the Panel and the Disciplinary Board acquire explicit functions and powers in Tasmania under national scheme laws (ss 66, 70-71). Section 68 authorises the Commission to do acts in Tasmania in performance of functions conferred by other jurisdictions’ national scheme laws.
• Commonwealth officers or authorities are conferred functions and powers in relation to offences and administrative acts under applicable provisions (s 31, s 37). The Act requires such officers to behave as nearly as practicable as they would when performing the function in the Capital Territory (ss 31(4), 37(4)).

Tasmanian government and Crown entities

• The Corporations Law binds the Crown in certain chapters to the extent of legislative competence (s 15(1) and (1A)), but the Crown is not liable to prosecution under this Part (s 17). The Act also states the Part overrides prerogative rights where applicable (s 18).
• The Minister for this jurisdiction must consent to Commonwealth application orders under section 111A of the Corporations Law (s 19), giving the State Minister a gatekeeper role in some application orders.

Courts, registries, legal practitioners and litigants

• Tasmanian courts are given jurisdiction to decide matters under the Corporations Law of Tasmania (s 42) and must apply appropriate national rules of evidence and procedure (s 45). Rules of the Supreme Court may be made for proceedings under the Corporations Law (s 51). The transfer and cross‑vesting provisions (ss 44-44C, 44A, 44AA) affect litigants’ forum and procedural path.
• Australian legal practitioners who are entitled to practise in a court retain rights to appear if proceedings are transferred under this Division (s 48).

Enforcement agencies

• The Commonwealth Director of Public Prosecutions and the Australian Federal Police are given enforcement powers in relation to co‑operative scheme laws (s 91). Section 79 designates fines and penalties payable to the Commonwealth, which reallocates revenue flows from state coffers to the Commonwealth.

Third parties and the public

• Persons required to give information to the Commission, or appear at examinations and hearings under the ASIC Law, are subject to the definitions and evidentiary rules in ss 60-61 and the application of Commonwealth Crimes and Evidence Acts for purposes of Part 3 (ss 74-75). This affects witnesses, employees, and other persons who may be compelled to provide information.

In practical terms, the Act shifts regulatory and enforcement footprint from Tasmania to the national machinery. Corporations carrying on business in Tasmania, their officers and advisers, and the courts and litigants involved in corporate disputes will experience changes in where matters are prosecuted, which authority administers processes, how fees and fines are allocated and which rules of evidence apply. The Act explicitly preserves some State functions and co‑operative code operations for matters arising before commencement or where national laws do not deal with them (ss 85(1) and (2)), which limits the universality of the shift. Key sections: ss 7-8, 15-18, 19-20, 22-25, 28-37, 42-51, 58-66, 79-91.

This Act modifies duties and rights primarily by giving force to the Corporations Law and ASIC Law in Tasmania and by setting administration, enforcement and procedural norms. Below are the principal duties and rights created or preserved by the Act, anchored to sections.

Duty to comply with applied Commonwealth law

• Corporates and persons within Tasmania are obliged to comply with the Corporations Law as it applies in Tasmania (s 7) and the Corporations Regulations (s 8), and with the ASIC Law of Tasmania (s 58) and ASIC Regulations (s 59) except to the extent those instruments exclude particular provisions (s 58(2)). The Act does not itself restate the substantive offences or duties; it imports them.

Duty to provide information and cooperate with investigations

• The ASIC Law and the definitions in s 60 and the “giving information” definition in s 61 bring within scope duties to explain, state matters, identify persons, disclose information or answer questions where required under the ASIC Law. Examinations under Part 3 of the ASIC Law are classified and the Commonwealth Crimes Act and specified Evidence Act provisions apply to examinations (ss 60, 61, 74-75).

Obligations to pay fees, levies and contributions

• Fees (including taxes) stated in the Corporations Regulations of Tasmania are imposed by s 22. Contributions and levies associated with securities exchanges and futures organisations and the National Guarantee Fund are imposed by ss 23-25 and 24. Fines and penalties arising under applicable provisions are to be paid to the Commonwealth (s 79), redirecting monetary enforcement outcomes.

Rights of the Crown and Crown limitations

• The Corporations Law binds the Crown in specified Chapters (s 15(1) and (1A)), but the Crown is not liable to prosecution for offences under this Part or Corporations Law (s 17). Section 18 clarifies that the Part overrides prerogative where it binds the Crown.

Procedural rights and judicial remedies

• The Act confers jurisdictional rights to bring civil or criminal matters in Tasmanian courts as provided by the cross‑vesting scheme (s 42 and ss 53-56). It creates mechanisms for transferring proceedings to appropriate jurisdictions (ss 44-44C), but it also restricts some appeals (s 43) and limits appeals from transfer or rules of evidence/procedure decisions (s 49).
• Section 42AA creates a right to seek writs (mandamus, prohibition, injunction) in the Supreme Court against Commonwealth officers in certain prosecutorial contexts where the decision to prosecute has been made by Commonwealth officers and the prosecution is proposed or underway in Tasmania.

Rights to representation and practice

• Legal practitioners entitled to practise in a court retain the same rights to appear in transferred proceedings under this Division as they would in a federal court exercising federal jurisdiction (s 48).

Rights of administrative review and application of Commonwealth administrative laws

• Commonwealth administrative laws (Administrative Review Tribunal Act 2024, Freedom of Information Act 1982, Ombudsman Act 1976, Privacy Act 1988 and their regulations , see s 3 and s 35) apply to acts, matters and things arising under applicable provisions (s 35). This creates rights to administrative review and access under Commonwealth procedural regimes.

Powers and duties of Commonwealth bodies acting in Tasmania

• The Commission, Panel and Disciplinary Board hold functions and powers in Tasmania as set out by national scheme laws of the jurisdiction (ss 66-71). When Commonwealth laws confer functions or powers on Commonwealth officers in relation to offences or administrative acts, those functions/powers apply to the corresponding applicable provisions of Tasmania (ss 31, 37).

Rule‑making and court practice

• The Judges of the Supreme Court of Tasmania may make rules of court for proceedings under the Corporations Law (s 51). Lower courts exercising jurisdiction under the national scheme must apply those rules with necessary alterations (s 51(1A)).

These duties and rights are largely derivative; the Act imports obligations from the Corporations Law and ASIC Law rather than creating new substantive offences or corporate duties itself. The principal statutory changes are procedural and institutional: who enforces, which courts have jurisdiction, how evidence and administrative review processes apply, and who receives monetary penalties. Relevant sections: ss 7-10, 22-25, 31, 35-37, 42-51, 58-66, 74-75, 79.

The Act primarily reassigns enforcement competence and payment destinations rather than independently creating a new catalogue of penalties. The key enforcement and penalty features are set out below with statutory references.

Treatment of offences as Commonwealth offences for enforcement purposes

• The Act expressly treats offences against applicable provisions of Tasmania as if they were offences against Commonwealth law (ss 28-31). Section 29(1) provides that Commonwealth laws apply as laws of Tasmania in relation to these offences as if the provisions were Commonwealth laws, and s 29(2) says that, for Tasmanian law purposes, an offence against the applicable provisions of Tasmania is taken to be an offence against Commonwealth laws and not against Tasmanian law (subject to regulations under s 80). Section 30 extends this treatment to applicable provisions of other jurisdictions as they relate to Tasmania.

Conferral of investigative and prosecutorial functions on Commonwealth bodies

• Section 31(1)-(4) provides that a Commonwealth law conferring functions or powers on a Commonwealth officer or authority in relation to an applicable provision of the Capital Territory likewise confers those functions or powers for the corresponding applicable provision of Tasmania. Subsection (5) removes any provision in those Commonwealth laws empowering Commonwealth Ministers to give directions in relation to the performance of those functions when they apply by virtue of ss 29 or 30.

Domestic enforcement by State authorities under arrangements

• The Act contemplates arrangements between State and Commonwealth Ministers by which State authorities may be granted functions or powers under relevant State law or the applicable provisions (s 77), and those arrangements must be published (s 78). Section 92 governs arrangements affecting exercise of investigation powers by State authorities in relation to co‑operative scheme laws.

Police and prosecutorial powers in relation to co‑operative schemes

• For co‑operative scheme laws remaining in force, the Commonwealth Director of Public Prosecutions and the Australian Federal Police are given the same enforcement powers as their State counterparts and may exercise Commonwealth functions as if the offences were Commonwealth offences (s 91). Section 91(4) treats offences against co‑operative scheme laws as offences against national scheme laws for enforcement purposes.

Evidence and criminal procedure

• For purposes of Part 3 of the ASIC Law, Part III of the Commonwealth Crimes Act 1914 applies as a law of Tasmania, and examinations and hearings under the ASIC Law are judicial proceedings (s 74). Section 75 imports specific parts of the Commonwealth Evidence Act 1995 for use in examinations and proceedings under Part 3 of the ASIC Law.

Monetary consequences and revenue allocation

• All fines, penalties and other money (other than fees and taxes) authorised by applicable provisions of Tasmania are to be paid to the Commonwealth (s 79). Fees and taxes under the Corporations Regulations are imposed by s 22 and remain a mechanism for revenue under the Corporations Regulations of Tasmania. Levies for industry funds such as the National Guarantee Fund and exchange fidelity funds are imposed by ss 24 and 23 respectively.

Disciplinary and administrative processes

• The Commission, Panel and Disciplinary Board are given functions and powers under national scheme law to pursue administrative and disciplinary action (ss 66, 70-71). The Act defines proceedings, hearings and examinations in s 60 and preserves Commission delegates and staff roles (s 72). It also provides that the Commission must act in Tasmania as nearly as practicable as it would in the Capital Territory when exercising comparable functions (ss 31(4), 37(4)).

Limits and Crown position

• The Crown is bound by certain chapters of the Corporations Law (s 15) but the Crown is not liable to prosecution under this Part or the Corporations Law (s 17). Section 18 clarifies that any binding of the Crown under this Part overrides prerogative rights.

Regulation and discretion

• The Governor in Council may make regulations for any matter required or permitted by the Act to be prescribed (s 80). Regulations may also prescribe exceptions to the treatment of offences as Commonwealth offences (ss 29(3), 30(3)) and may include savings or transitional provisions (s 81).

Implementation implications

• Mechanically, enforcement shifts towards Commonwealth investigative and prosecutorial bodies when the applicable provisions are engaged (ss 29-31, 35-37). Administrative investigations under the ASIC Law operate under Commonwealth criminal and evidentiary rules (ss 60, 74-75). Financial penalties flow to the Commonwealth (s 79). Arrangements allow for State participation where agreed (ss 77-78, 92), but the Act centralises enforcement levers under Commonwealth structures.

(References: ss 28-31, 35-37, 66-75, 79, 80, 91-92.)

The Act is an instrument designed for multi‑layered interaction: it imports Commonwealth laws into Tasmanian law, maps old co‑operative scheme laws to the national scheme, and specifies which interpretation acts apply. The key interaction points are set out below and supported by section citations.

Importation of Commonwealth Acts as Tasmanian law

• The Corporations Law is applied as Tasmanian law (s 7) and the Corporations Regulations are applied (s 8). The ASIC Act is applied as the ASIC Law of Tasmania subject to named exclusions (s 58(1)-(2)); the ASIC regulations under s 251 are applied as ASIC Regulations of Tasmania (s 59). The effect is that substantive Commonwealth provisions, and the regulations under them, operate as if they are Tasmanian instruments.

Interpretive and procedural cross‑application

• The Acts Interpretation Act 1901 (Commonwealth) is applied as law of Tasmania to the Corporations Law and its instruments (s 10(1)) and to the ASIC Law subject to specified qualifications (s 62(1)). In contrast, certain Tasmanian interpretation statutes (Acts Interpretation Act 1931 and the Rules Publication Act 1953) do not apply to the Corporations Law or ASIC Law as applied (s 10(2), s 62(2)).

National administrative laws and review

• The Act applies Commonwealth administrative laws (Administrative Review Tribunal Act 2024, Freedom of Information Act 1982, Ombudsman Act 1976, Privacy Act 1988) to acts, matters and things arising under applicable provisions (ss 3 definitions and 35-36). Section 36A clarifies construction related to the ART Act Part 7 references. The practical effect is that persons dealing with Commission decisions have access to Commonwealth administrative review and information regimes.

Relationship with co‑operative scheme laws and transitional overlap

• The Act recognises a set of co‑operative scheme laws (s 84) and provides that national scheme laws prevail over co‑operative scheme laws to the extent of inconsistency (s 85(1)-(3)). Regulations can exclude residual operation of specific co‑operative provisions (s 86) and may modify co‑operative scheme laws to have effect with prescribed modifications (s 88). Section 87 treats the cessation of co‑operative scheme law operation as a repeal for interpretation purposes. Section 90 provides detailed mapping rules so that references to co‑operative scheme laws in instruments are to be read as references to corresponding national scheme provisions unless regulations provide otherwise.

Interaction with State criminal and enforcement law

• The Act provides that offences against applicable provisions are to be treated as Commonwealth offences for many purposes (ss 28-31). However, the Act also preserves the operation of Tasmanian laws respecting arrest, custody and criminal procedure where applicable and provides mapping of which criminal processes apply (ss 55-56). For co‑operative scheme laws left operative, the Commonwealth DPP and AFP have powers and can act as if offences were Commonwealth offences (s 91), and arrangements can be made to authorise State officers to act in specified ways (ss 77, 92).

Court rules and practice cross‑application

• The Act confers jurisdiction on State courts to exercise jurisdiction as if the Corporations Law constituted a national law (ss 40, 42). Section 45 permits courts to adopt rules of evidence and procedure as applied in superior courts in Australia or external Territories when exercising this jurisdiction. Section 50 ensures that judgments given under this Division are enforceable in Tasmania.

Revenue and fiscal interaction

• Fees prescribed by the Corporations Regulations of Tasmania are imposed under s 22. Fines and penalties (other than fees and taxes) payable under applicable provisions are to be paid to the Commonwealth (s 79), which reallocates fiscal flows away from Tasmanian collection for such monies.

Limits on ministerial directions and Commonwealth ministerial powers

• When Commonwealth functions or powers apply in relation to Tasmania (ss 31(5), 37(5)), the Act provides they apply as if they did not contain any provision empowering a Commonwealth Minister of State to give directions in relation to the performance of a function or exercise of a power. This limits direct ministerial direction where Commonwealth laws are applied via this Act.

Regulations and Governor in Council powers

• The Governor in Council may make regulations for matters required or permitted to be prescribed to give effect to the Act (s 80). Section 81(1) contemplates savings and transitional regulations. Sections 29(3), 30(3), 35(3), 36(3) permit regulations to qualify the application of Commonwealth laws as they apply in Tasmania.

In sum, the Act is an integrating instrument: it imports national provisions, sets which Commonwealth interpretive and review laws apply, provides mapping and transitional arrangements for older co‑operative instruments, and creates specified constraints (e.g. Crown immunity to prosecution, limits on ministerial direction). Practitioners must therefore read Corporations Law and ASIC Law material in conjunction with the Act’s mapping, exclusion and transitional rules (ss 7-10, 29-37, 58-63, 80-90).

The text supplied contains numerous amendment notations that change the operation or timing of provisions. Below is a sourced, section‑level account of the amendments visible in the supplied text and the mechanical effects recorded within the statute as presented.

General amendment pattern

• The Act has been modified over time to reflect the Commonwealth legislative and administrative changes to the Corporations Act/Corporations Law and the ASIC Act. Many sections show explicit amendment notes with the amending instrument cited and the applied date indicated in the marginal notes.

Notable amendments recorded in-text

• Section 1(2): amended by No. 74 of 1999, Sched. 1, applied 1 Jan 2000 to broaden the purposes to apply provisions of the Corporations Act 1989 and the ASIC Act 1989 as laws of Tasmania (section caption notes).
• Sections referencing the Corporations Law and Corporations Regulations (ss 7-8, 11-13) show amendments by No. 41 of 2001, s 31 (applied 15 July 2001), and earlier amendments, reflecting post‑repeal transitional adjustments.
• Section 3: numerous amendments to definitions by No. 74 of 1999 (Sched. 1), No. 5 of 1992 (s 4), No. 11 of 2001 (s 14) and No. 8 of 2025 (s 11 applied 14 Oct 2024) as captured in marginal notes. These amendments add or alter definitions such as “ASIC Law”, “Commission”, “Commonwealth administrative laws” and others.
• Part 6 was repealed by No. 74 of 1999 (Sched. 1), applied 1 Jan 2000 (noted under Part 6).
• Part 7 fees sections are unamended in the text, but ss 23-25 reference subparts of the Corporations Law (e.g. s 902, 938, 1234) and are framed to impose contributions as if they were in those Parts of the Corporations Law.
• Part 8 (national administration and enforcement): various subsections were amended by No. 74 of 1999 and No. 41 of 2001 (e.g. ss 26, 27, 31, 35-37) as indicated in marginal notes, changing scope and application to reflect new Commonwealth administrative arrangements and the replacement of the NCSC with the Commission.
• Part 9 (jurisdiction and procedure of courts) shows multiple amendments, especially in sections 40-51, 42AA, 44-45, 51, 52A and others by statutes No. 33 of 1995, No. 11 of 2001, No. 5 of 1992 etc., that alter transfer rules, federal court interaction, and jurisdictional coverage. For example, s 42 was amended by No. 11 of 2001 s 18 (applied 1 Jun 2001) to add subsection (1A) concerning Administrative Decisions (Judicial Review) Act related matters.
• Part 11 (the ASIC Law) contains significant amendments by No. 74 of 1999 Sched 1 (applied 1 Jan 2000) that update headings, definitions and application specifics; No. 41 of 2001 s 31 applied 15 Jul 2001 appears repeatedly. Section 60 is heavily amended and expanded over several amending Acts to incorporate definitions and institutional changes (e.g. Panel, Disciplinary Board, Commission).
• Section 74: s 74(1) was amended by No. 74 of 1999 Sched 1; s 74(3) substituted by No. 5 of 1992 s 15. Section 75 replaced earlier section 71 by No. 33 of 1995 s 19, importing specific parts of the Commonwealth Evidence Act 1995.
• Part 13 contains transitional provisions and was amended by No. 33 of 1995 and No. 11 of 2001 (Schedule 1 substituted by No. 11 of 2001 s 32). Sections 96AAA and 96AA were inserted by No. 41 of 2001 s 31 (applied 15 Jul 2001) concerning functions of Commonwealth authorities under old corporations legislation.
• Part 14 section 97 was substituted by No. 66 of 2000 s 6 (applied 14 Nov 2000) and sets a specific rule relating to strata title transfers and share capital reduction.

Transitional and repeals

• Several sections and entire Parts were repealed as part of the conversion to the national scheme, notably Part 6 and certain sections (e.g. s 21, s 33, s 39, s 52). The Schedule 1 inserted by No. 33 of 1995 and subsequently substituted by No. 11 of 2001 provides savings and transitional detail for amending Acts.

Practical effect of amendments captured

• The amendments record the movement from the National Companies and Securities Commission era to the ASIC era, the change in administrative review structures (Administrative Review Tribunal Act 2024 references), and alignments of definitions and governance (Panel, Disciplinary Board). They also adjust court jurisdiction and transfer provisions in response to federal court and administrative law reforms.

Caveat

• The supplied text shows marginal amendment notes and effective dates for many changes. This section summarises the statutory amendment history visible in the supplied material only. For a complete amendment chronology, practitioners should consult official consolidated versions and the specific amending Acts cited in the marginal notes (e.g. No. 74 of 1999; No. 11 of 2001; No. 33 of 1995; No. 66 of 2000).

(References embedded above: multiple sections with amendment marginal notes such as ss 1(2), 3, 7-8, 26, 31, 35, 42, 44, 51, 58-63, 66-75, 96AAA-96AA, 97; and Schedule 1 notes.)

The source material supplied contains no case law or reported judicial decisions. It does, however, build procedural and jurisdictional pathways that inevitably create litigation outcomes of certain kinds; the Act itself names no cases. The statute’s provisions modify where and how litigation happens; below I describe the litigation pathways the Act creates and the statutory hooks that will feature in any litigation, without asserting any case outcomes.

Key litigation pathways and statutory hooks

• Cross‑vesting and transfer litigation: Part 9 (ss 40-51 and ss 44-44C, 44A, 44AA) alters the forum in which corporations disputes and administrative review matters will be litigated. Disputes over transfer, appropriate forum, and interests of justice will be litigated under the transfer rules (s 44 and related sections). Section 44(2) gives courts discretion to transfer; s 44B lists matters the court must consider. Litigation is likely to involve arguments about “interests of justice”, principal place of business, and related proceedings (s 44B).
• Judicial review of Commonwealth authority decisions in Tasmanian prosecutions: Section 42AA expressly confers jurisdiction on the Supreme Court to hear mandamus, prohibition and injunction applications against Commonwealth officers where a decision to prosecute has been taken by Commonwealth officers and a prosecution is proposed or underway in Tasmania. Litigants may therefore challenge prosecutorial decisions under s 42AA.
• Enforcement and criminal procedure: Part 8 (ss 28-31, 35-37) treats offences against applicable provisions as Commonwealth offences for many purposes; this will raise litigation about which procedural laws apply, custody, bail and sentencing, and which jurisdiction’s criminal procedure governs (ss 29, 55-56). Section 55 maps criminal jurisdiction equivalence and procedural application.
• Examination and evidentiary challenges: The Act imports Commonwealth Crimes Act Part III and specified parts of the Commonwealth Evidence Act to apply to ASIC Law examinations/hearings (ss 74-75). Litigation may challenge admissibility of evidence taken in examinations or the proper characterisation of examinations as judicial proceedings (s 74(2)-(3)).
• Enforcement power allocation disputes: Section 31(5) and s 37(5) remove from the applied Commonwealth law any provision empowering a Commonwealth Minister to give directions in relation to the exercise of specified functions or powers when the Commonwealth law applies because of ss 29 or 35. Litigation could arise over the existence or scope of ministerial directions or alleged improper directions to Commonwealth officers exercising functions in Tasmania.
• Mapping of co‑operative scheme references: Section 90’s mapping of references to co‑operative scheme laws may produce litigation about interpretation and whether a particular instrument’s references are to be read as national scheme equivalents; regulations under s 90(6)-(7) may be the subject of judicial review.
• Revenue and enforcement of fines: Section 79 requires fines and penalties be paid to the Commonwealth, which could produce litigation over distribution and accounting where pre‑existing Tasmanian processes had been used.

Procedural constraints and appeal limitation

• Section 43(1) disallows appeals from decisions of a court of Tasmania to a court of another State or the Capital Territory, and s 49 precludes appeals from transfer decisions or rules of evidence/procedure applications. These provisions affect appellate strategy and will be invoked in litigation concerning inter‑jurisdictional appeals.

Absence of judicial history in the supplied text

• The Act does not list any cases or prior litigation. Any assessment of litigation outcomes or judicial interpretation would require consulting reported decisions that have applied these provisions. Practitioners should therefore treat the statutory mechanisms above as the routes by which litigation will flow and consult case law databases for judicial interpretation, which is outside this source.

(References: ss 28-31, 35-37, 42-45, 42AA, 43-44C, 44B, 48-51, 55-56, 74-75, 79, 90.)

Several features of the Act create specific traps for the unwary practitioner, regulator or corporate. Below I set out concrete, source‑grounded points of caution and how they arise from the statutory text.

1. Offences treated as Commonwealth offences

• Sections 28-31 and 35-36 treat offences and administrative acts arising under applicable provisions as if they were Commonwealth offences or acts for many purposes. That shifts investigative powers, evidentiary rules and prosecutorial pathways to Commonwealth processes. Practitioners must not assume Tasmanian criminal procedure or prosecutorial practice applies in the familiar way; instead check whether regulations under s 80 have preserved Tasmanian processes in particular cases (see s 29(3), s 30(3), s 35(3), s 36(3)).

2. Monetary flows to the Commonwealth

• Section 79 requires payment of fines, penalties and other moneys (other than fees and taxes) to the Commonwealth. That can surprise clients who expect fines to be applied to Tasmanian agencies or victim compensation schemes. Fees and taxes remain prescribed by the Corporations Regulations of Tasmania (s 22) and must be distinguished from penalties payable to the Commonwealth (s 79).

3. Crown binding but no prosecution

• Section 15 binds the Crown to certain Chapters of the Corporations Law, but s 17 states the Crown is not liable to prosecution. This means Crown entities may be subject to civil duties and obligations under the Corporations Law but not criminal prosecution under this Part , a potentially counterintuitive position for enforcement planning.

4. Ministerial consent for application orders

• Section 19 requires the Commonwealth Minister to obtain the consent of the State Minister before making an application order under s 111A of the Corporations Law as it applies. Clients should check whether an application order has been made with valid State consent; absence of that consent can affect the validity of certain application orders.

5. Exclusions in ASIC Act application

• Section 58(2) lists excluded provisions of the ASIC Act. Practitioners must check the list carefully (e.g. Part 1 except section 6A, Part 2, Part 5, sections 251-252) to determine which ASIC Act mechanisms are in force in Tasmania and which are not.

6. Appeal limitations

• Section 43(1) disallows appeals from Tasmanian court decisions to courts of other States or the Capital Territory. Section 49 also blocks appeals from transfer decisions and from determinations as to which rules of evidence and procedure apply (s 45). Those restrictions affect appellate strategy; interlocutory transfer decisions may be effectively final for some purposes.

7. Transfer discretion and forum uncertainty

• Section 44 and related provisions allow transfer of proceedings between courts, with a multifactorial “interests of justice” test (s 44(2) and s 44B). Litigants should anticipate forum disputes and prepare to argue about principal place of business, location of events, and related proceedings (s 44B).

8. Mapping and residual operation of older codes

• Sections 85-90 create a sophisticated mapping regime for co‑operative scheme laws and permit regulations to modify correspondence. That can create ambiguity: instruments drafted pre‑national scheme may be interpreted as referring to new national provisions unless regulations say otherwise. Check s 90 and any regulations under s 80 to see how particular instruments have been mapped.

9. Evidence and examination rules differ

• For ASIC Law Part 3 examinations, the Crimes Act Part III and specific Evidence Act parts apply (ss 74-75). Evidence in such proceedings may be admissible under different tests than ordinary Tasmanian proceedings. Practitioners should plan accordingly when dealing with compelled examinations or using material obtained from them.

10. Limits on ministerial direction

• Sections 31(5) and 37(5) state that applied Commonwealth laws “apply as if they did not contain any provision empowering a Minister of State for the Commonwealth to give any directions” in relation to certain functions. This removes a route for central political direction and may affect clients relying on lines of ministerial policy. Confirm whether a provision conferring ministerial direction in the parent Commonwealth law is in force when applied via this Act.

11. Transitional and savings windows

• Regulations under s 81 can contain savings and transitional provisions that operate retrospectively (subject to non‑prejudice protections in s 81(3)). Failure to check transitional regulations may lead to mistaken assumptions about rights or liabilities pre‑ or post‑commencement.

12. Practical court‑rule divergence

• Section 45 allows courts to adopt rules of evidence and procedure “the court considers appropriate” and to apply rules used in superior courts. That can produce divergence in practice between Tasmanian courts and other courts exercising similar jurisdiction. Be alert to court orders and rules made under s 51 by the Judges of the Supreme Court of Tasmania.

Each of these “gotchas” is grounded in the statutory provisions cited. For any specific matter, confirm whether accompanying regulations under s 80 or notices of arrangements under ss 77-78 and 92 have further modified the position.

(References: ss 15-19, 22-25, 28-31, 35-36, 43-45, 51, 58(2), 74-75, 79-81, 85-90, 31(5), 37(5).)

Below are practical, source‑grounded steps organisations, officers and advisers should follow to align with the Act’s requirements. The steps flow directly from the statutory duties, powers and procedures in the Act.

1. Identify which national scheme provisions apply to your client

• Determine whether the Corporations Law of Tasmania (s 7) and the Corporations Regulations of Tasmania (s 8) and the ASIC Law of Tasmania (s 58) apply to the client’s activities. Check s 58(2) for excluded ASIC Act provisions. If the business deals with securities or futures, confirm whether contributions/levies under ss 23-25 apply.

2. Confirm regulatory and enforcement jurisdiction

• If the matter involves alleged contraventions, examine whether the offence or act is an “applicable provision” that will be treated as a Commonwealth offence or as an act for Commonwealth administrative law purposes (ss 28-31, 35-36). Where enforcement is in issue, identify whether Commonwealth bodies (Commission, AFP, CDPP) have the function or power in the particular context (ss 31, 66, 91).

3. Prepare for Commonwealth investigatory regimes

• Where the ASIC Law applies, be ready for examinations and compulsory information requirements as defined in s 60 and the “giving information” content in s 61. Understand that Part 3 examinations will be treated as judicial proceedings and that Part III of the Commonwealth Crimes Act and specified parts of the Commonwealth Evidence Act apply (ss 74-75). Advise clients about privilege, compulsion, and the evidentiary consequences of participation.

4. Check payment and accounting obligations

• Identify statutory fees, taxes and levies prescribed by the Corporations Regulations of Tasmania (s 22) and ensure corporate accounting systems are set up to remit contributions to exchange fidelity funds (s 23), national funds (s 24), or futures organisation funds (s 25). For fines and penalties, note s 79 requires payment to the Commonwealth; liaise with enforcement agencies to confirm payment mechanisms.

5. Consider forum and litigation strategy early

• Where litigation is possible, plan for transfer rules (s 44), consult s 44B criteria (principal place of business, event location), and be mindful of appeal restrictions (s 43, s 49). If the client may seek injunctive relief against Commonwealth officers in prosecutorial contexts, s 42AA is the statutory vehicle for mandamus/prohibition/injunction. Ensure practitioners are eligible to appear in transferred proceedings (s 48).

6. Track transitional and mapping regulations

• Review all regulations made under s 80, savings/transitional regulations under s 81, and any mapping regulations under s 90 affecting co‑operative scheme law references. These regulations can modify which historical Tasmanian provisions still operate and how older instruments map to the national scheme.

7. Document compliance for Commission/Panel processes

• Where the Commission, Panel or Disciplinary Board could initiate proceedings or reviews (ss 66, 70-71), maintain clear records of decisions, meetings and compliance steps. Section 73 indicates name changes or constitutional changes in Commonwealth bodies should be interpreted broadly; keep documentation up to date.

8. Check Ministerial consent and arrangements

• For any application order under s 111A of the Corporations Law or related application orders concerning ASIC Law, verify that the Commonwealth Minister has the Tasmanian Minister’s consent where required by s 19. If enforcement will involve State officers under arrangements, check that arrangements under s 77 or s 92 exist and are published (s 78).

9. Prepare for administrative review and FOI/privacy pathways

• Because Commonwealth administrative laws apply to acts, matters and things arising under applicable provisions (s 35), ensure processes for decision‑making, record‑keeping and information release comply with Administrative Review Tribunal Act, FOI Act, Ombudsman Act and Privacy Act standards as applied to these matters.

10. Train staff and advisers on differences in procedure and evidence

• Ensure in‑house counsel and external advisers understand that rules of evidence and procedure in national scheme matters may differ: courts can select appropriate rules (s 45), and specified Evidence Act provisions apply in ASIC Law contexts (s 75). Provide training on examinations, production of documents and the meaning of “give” and “produce” under s 60 and s 61.

11. Seek regulatory advice before strategic corporate actions

• For capital reorganisation or transactions touching on Tasmania land, shares and strata issues, check s 97 and related Corporations Law provisions for specific carve‑outs (e.g. certain transfers not constituting share capital reduction). Consult early about implications for share capital, creditors and disclosure obligations.

12. Maintain a legislative watch

• The Act includes many cross‑references and explicit powers to modify the operation of both Commonwealth and pre‑existing Tasmanian laws by regulation (s 80) and to alter residual co‑operative scheme law operation (ss 86-88). Keep a watch for regulations and notices of arrangements (ss 78, 92) that change operational detail.

Compliance is thus both substantive (comply with Corporations Law and ASIC Law obligations imported by ss 7 and 58) and procedural/institutional (engage with Commonwealth enforcement regimes, pay prescribed levies and fines to the appropriate authority, observe transfer and jurisdiction rules). The statutory references above (ss 7-10, 19-20, 22-25, 28-37, 42-51, 58-66, 74-75, 79-81, 84-91) provide the operative hooks for each action.

For any higher‑risk matter (investigation, proposed prosecution, major corporate reorganisation) engage counsel experienced in national Corporations/ASIC law and in the cross‑jurisdictional procedural rules the Act establishes.