Securities Industry (Application of Laws) Act 1981
In ForceTAS
Jurisdiction
Tasmania
Act Number
29 of 1981
Collection
act
Plain English Summary
7/10 complexity
Mechanically, this Act makes the Commonwealth Securities Industry Act 1980 (as it stood on 31 December 1990), its regulations and fee schedules operate in Tasmania with specific local amendments and Schedules, and requires related fees to be paid to the Commissioner for Corporate Affairs (ss.6–8). It affects securities firms, registrants, investors and regulators by making Commonwealth rules enforceable in Tasmania, setting who collects fees, and giving the Minister, Governor and Ministerial Council powers to publish, adopt, amend or exempt provisions (ss.9–16).
This Act imports and operates distinct parts of the Commonwealth securities law regime within Tasmania by making them Tasmanian law and by providing local machinery for fees, publication and transitional amendment. Mechanically, the Act does the following.
Adopts the substantive provisions of the Commonwealth Securities Industry Act 1980 as at 31 December 1990 (except ss 1-3) and applies them in Tasmania, subject to the amendments listed in Schedule 1 and to the Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981 (s 6). The text of the applied provisions is defined in the Act as “the applied provisions” (s 3).
Adopts the Commonwealth regulations that were in force on 31 December 1990 under that Commonwealth Act as Tasmanian regulations, as amended in Schedule 2 (s 7).
Adopts the Commonwealth fees regulations (those made under the Securities Industry (Fees) Act 1980) as applicable in Tasmania, with the Schedule to those regulations altered as set out in Schedule 3, and declares that fees payable under the applied provisions are payable to the Commissioner for Corporate Affairs, for and on behalf of the State (s 8).
Gives the Governor and the Minister specific powers to make or publish local regulations, to amend the Schedules in specified circumstances following Ministerial Council approvals, and to authorize consolidated publications called the Securities Industry (Tasmania) Code, the Securities Industry (Tasmania) Regulations and the Securities Industry (Fees) (Tasmania) Regulations (ss 9-13, 15).
Provides that certain Ministerial Council approvals (for exemptions to the definition of “prescribed interest”) can be implemented by the Governor making regulations, and that such regulations are to be construed as one with the Securities Industry (Tasmania) Regulations (s 16).
Current sections
Direct links to the current provisions in Securities Industry (Application of Laws) Act 1981.
(1) This section and section 1 shall commence on the date of assent to this Act.
(2) Except as provided in subsection (1) , this Act shall commence on such date as may be fixed by proclamation.
3
Interpretation
3 Interpretation
*[Section 3 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]*In this Act, unless the contrary intention appears –
Agreement means the agreement made on 22nd December 1978 between the Commonwealth and the States in relation to a proposed scheme for the co-operative regulation of companies and the securities industry or, if that agreement is or has been amended or affected by another agreement, that agreement as so amended or affected;
Commission means the Australian Securities Commission established under the Australian Securities Commission Act 1989 of the Commonwealth;
Commissioner for Corporate Affairs means the Commissioner for Corporate Affairs for Tasmania and includes any Deputy or Assistant Commissioner for Corporate Affairs;
Ministerial Council means the Ministerial Council for Companies and Securities established by the Agreement;
Tasmania means the State of Tasmania and its Dependencies;
the applied provisions means the provisions applying by reason of sections 6 and 7 ;
the Commonwealth Act means the Securities Industry Act 1980 of the Commonwealth.
4
References to Commonwealth Acts
4 References to Commonwealth Acts
In this Act, a reference to a Commonwealth Act shall be construed as including a reference to that Act as amended and in force for the time being and to an Act passed in substitution for that Act.
5
Interpretation of Securities Industry (Tasmania) Code
5 Interpretation of Securities Industry (Tasmania) Code
Application of regulations under Securities Industry Act 1980 of the Commonwealth
7 Application of regulations under Securities Industry Act 1980 of the Commonwealth
[Section 7 Amended by No. 41 of 2001, s. 27, Applied:15 Jul 2001] Subject to this Act, the provisions of regulations in force on 31 December 1990 under the Commonwealth Act, other than provisions providing for the citation or commencement of the regulations, apply–
as regulations made under the provisions applying by reason of section 6 .
8
Fees payable
8 Fees payable
(1) *[Section 8 Subsection (1) amended by S.R. 1981 No. 244 ]*There shall be paid to the Commissioner for Corporate Affairs, for and on behalf of the State, for or in respect of –
(a) the lodgment of documents with the Commission under the applied provisions;
(b) the registration of documents under the applied provisions or the inspection or search of registers kept by, or documents in the custody of, the Commission under the applied provisions;
(c) the production by the Commission, pursuant to a subpoena, of any register kept by, or documents in the custody of, the Commission under the applied provisions;
(d) the issuing of documents or copies of documents, the granting of licences, consents or approvals or the doing of other acts or things by the Ministerial Council or the Commission under the applied provisions;
(e) the making of inquiries of, or applications to, the Ministerial Council or the Commission in relation to matters arising under the applied provisions; and
(f) the submission to the Commission of documents for examination by the Commission –
such fees (if any) as are prescribed by regulations in force for the time being under the Securities Industry (Fees) Act 1980 of the Commonwealth and specified in the Schedule to those regulations as if amended as set out in Schedule 3 and as if, unless the contrary intention appears, expressions used have the same respective meanings as in the applied provisions.
(2) Where a fee is payable to the Commissioner for Corporate Affairs, for and on behalf of the State, under subsection (1) for or in respect of the lodgment of a document with the Commission and the document is submitted for lodgment without payment of the fee, the document shall be deemed not to have been lodged until the fee has been paid.
(3) Where a fee is payable to the Commissioner for Corporate Affairs, for and on behalf of the State, under subsection (1) for or in respect of any matter involving the doing of any act or thing by the Ministerial Council or the Commission, the Ministerial Council or the Commission shall not do that act or thing until the fee has been paid.
(4) This section has effect notwithstanding anything contained in the applied provisions.
(5) Nothing in this section prevents the Commissioner for Corporate Affairs, for and on behalf of the State, from –
(a) waiving or reducing, in a particular case or classes of cases, fees that would otherwise be payable pursuant to this section; or
(b) refunding in whole or in part, in a particular case or classes of cases, fees paid pursuant to this section.
(6) In this section, unless the contrary intention appears, expressions used have the same respective meanings as in the applied provisions.
9
Amendment of Regulations pursuant to Agreement
9 Amendment of Regulations pursuant to Agreement
(1) Where under the Agreement the Ministerial Council approves a proposed amendment of regulations in force for the time being under the Commonwealth Act or the Securities Industry (Fees) Act 1980 of the Commonwealth and, upon the expiration of 6 months after the date on which the Ministerial Council so approved, the amendment has not been made or has been made and is subject to disallowance or has ceased to be in force by disallowance or for any other reason, the Governor may make regulations in accordance with the proposed amendment approved by the Ministerial Council amending the provisions of regulations applying by reason of section 7 or the regulations referred to in section 8 , as the case may be.
(2) Regulations made by the Governor under subsection (1) may amend Schedule 2 or 3 , as the case may be, and that Schedule as so amended shall be Schedule 2 or 3 , as the case may be, to this Act.
(3) In this Act –
(a) a reference to provisions of regulations applying by reason of section 7 includes a reference to provisions as so applying as amended in accordance with this section; and
(b) a reference to fees prescribed by regulations under the Securities Industry (Fees) Act 1980 of the Commonwealth includes a reference to those regulations as amended in accordance with this section.
10
Publication of Securities Industry (Tasmania) Code
10 Publication of Securities Industry (Tasmania) Code
(1) The Minister may from time to time authorize the publication by the Government Printer of the provisions of the Commonwealth Act (other than sections 1, 2, and 3), amended as set out in Schedule 1 and in operation, or to come into operation, in Tasmania.
(a) shall include the headings and sections set out in Schedule 4 ;
(b) shall include a notification of the date, or dates, on which the several provisions set out in the document came, or come, into operation in Tasmania;
(c) shall include a statement of the date on which the Minister authorized the publication; and
(3) A document that is or purports to be a copy of the Securities Industry (Tasmania) Code that has been, or purports to have been, published in accordance with this section is prima facie evidence of the provisions of the Commonwealth Act applying by reason of section 6 as in operation, or to come into operation, in Tasmania as notified in the document in accordance with paragraph (b) of subsection (2) .
11
Publication of Securities Industry (Tasmania) Regulations
11 Publication of Securities Industry (Tasmania) Regulations
(1) The Minister may from time to time authorize the publication by the Government Printer of the provisions of regulations under the Commonwealth Act, other than provisions providing for the citation or commencement of the regulations, amended as set out in Schedule 2 and in operation, or to come into operation, in Tasmania.
(a) shall include the headings and provisions set out in Schedule 5 ;
(b) shall include a notification of the date, or dates, on which the several provisions set out in the document came, or come, into operation in Tasmania;
(c) shall include a statement of the date on which the Minister authorized the publication; and
(d) may be cited as the Securities Industry (Tasmania) Regulations.
(3) A document that is or purports to be a copy of the Securities Industry (Tasmania) Regulations that has been, or purports to have been, published in accordance with this section is prima facie evidence of the provisions applying by reason of section 7 as in operation, or to come into operation, in Tasmania as notified in the document in accordance with paragraph (b) of subsection (2) .
12
Publication of Securities Industry (Fees) Regulations
12 Publication of Securities Industry (Fees) Regulations
(1) The Minister may from time to time authorize the publication by the Government Printer of the Schedule to regulations prescribing fees under the Securities Industry (Fees) Act 1980 of the Commonwealth, amended as set out in Schedule 3 and in operation, or to come into operation, in Tasmania.
(a) shall include the headings and provisions set out in Schedule 6 ;
(b) shall include a notification of the date, or dates, on which the several provisions set out in the document came, or come, into operation in Tasmania;
(c) shall include a statement of the date on which the Minister authorized the publication; and
(d) may be cited as the Securities Industry (Fees) (Tasmania) Regulations.
(3) A document that is or purports to be a copy of the Securities Industry (Fees) (Tasmania) Regulations that has been, or purports to have been, published in accordance with this section is prima facie evidence of the provisions of the Schedule to regulations referred to in section 8 as in operation, or to come into operation, in Tasmania as notified in the document in accordance with paragraph (b) of subsection (2) .
13
Publication of provisions amending code or regulations
13 Publication of provisions amending code or regulations
(1) The Minister may from time to time authorize the publication by the Government Printer of a document setting out –
(a) provisions that by reason of –
(i) the enactment of an Act of the Commonwealth amending the Commonwealth Act; and
(ii) the operation of section 6 (including the operation, if applicable, of Schedule 1 ) –
apply, or will apply, as laws of Tasmania;
(b) provisions that by reason of –
(i) regulations under the Commonwealth Act; and
(ii) the operation of section 7 (including the operation, if applicable, of Schedule 2 ) –
apply, or will apply, as regulations made under the provisions applying by reason of section 6 ; or
(c) fees that by reason of –
(i) regulations under the Securities Industry (Fees) Act 1980 of the Commonwealth; and
(ii) the operation of section 8 (including the operation, if applicable, of Schedule 3 ) –
are or will be, payable under that section.
(2) A document published under subsection (1) shall include a notification of the date, or dates, on which the provisions or fees set out in the document came, or come, into operation in Tasmania.
(3) A document that has been or purports to have been published in accordance with this section is prima facie evidence of provisions or fees referred to in subsection (1) set out in the document.
14
Interpretation of references to the applied provisions
14 Interpretation of references to the applied provisions
(1) Unless the contrary intention appears, in this or any other Act or in a regulation or other instrument made under this or any other Act or in any other document made by or under the authority of, or for the purposes of, a law of Tasmania –
(b) a reference to a provision of that Code is a reference to the corresponding provision of the Commonwealth Act as so applying;
(c) a reference to the Securities Industry (Tasmania) Regulations is a reference to the provisions of regulations in force under the Commonwealth Act applying by reason of section 7 ;
(d) a reference to a provision of those regulations is a reference to the corresponding provision of the regulations in force under the Commonwealth Act as so applying;
(e) a reference to the Securities Industry (Fees) (Tasmania) Regulations is a reference to the Schedule to regulations prescribing fees under the Securities Industry (Fees) Act 1980 of the Commonwealth as referred to in section 8 ; and
(f) a reference to a provision of that Schedule is a reference to the corresponding provision of the Schedule to regulations in force under that Act as referred to in section 8 .
(2) In subsection (1) , provision includes Part, Division, section, subsection, paragraph, subparagraph, Schedule, form, regulation, clause, subclause, or other division.
15
Amendment of certain provisions in accordance with approval of Ministerial Council
15 Amendment of certain provisions in accordance with approval of Ministerial Council
Where under the Agreement the Ministerial Council –
(a) approves –
(i) a proposed amendment of the Commonwealth Act;
(ii) regulations proposed to be made under the Commonwealth Act (whether or not amending other regulations);
(iii) a proposed amendment of the Securities Industry (Fees) Act 1980 of the Commonwealth; or
(iv) regulations proposed to be made under that Act (whether or not amending other regulations); and
(b) approves proposed regulations to be made under this Act in connection with the operation of the proposed amendment or regulations referred to in paragraph (a) –
the Governor may make regulations amending Schedule 1 , 2 , or 3 or section 8 , as the case may be, in accordance with that approval, and that Schedule or section as so amended shall be Schedule 1 , 2 , or 3 or section 8 , as the case may be, of this Act.
16
Exemptions from definition of "prescribed interest"
16 Exemptions from definition of "prescribed interest"
[Section 16 Inserted by No. 9 of 1982, s. 4 and Sched. 2 ]
(1) *[Section 16 Subsection (1) amended by No. 46 of 1991, s. 4 and Sched. 2 ]*Where the Ministerial Council approves an exemption of a right or interest, or a right or interest included in a class or kind of rights or interests, to be an exempt right or interest or a class or kind of exempt rights or interests for the purposes of the definition of prescribed interest in section 4 (1) of theSecurities Industry (Tasmania) Code , the Governor may make regulations declaring that right or interest, or a right or interest included in that class or kind of rights or interests, to be an exempt right or interest or a class or kind of exempt rights or interests for the purposes of that definition.
(2) Regulations under subsection (1) shall be construed as one with the Securities Industry (Tasmania) Regulations.
SCHEDULE 1 - Application of Pr
SCHEDULE 1 - Application of Provisions of Commonwealth Act
SCHEDULE 1 - Application of Pr SCHEDULE 1 - Application of Provisions of Commonwealth Act
[Schedule 1 Amended by No. 9 of 1982, s. 4 and Scheds. 2, 3 and 4 ][Schedule 1 Amended by S.R.1982 No. 85 ][Schedule 1 Amended by S.R. 1983 No. 278 ][Schedule 1 Amended by S.R. 1984 No. 157 ][Schedule 1 Amended by S.R. 1986 No. 128 ][Schedule 1 Amended by S.R. 1987 No. 58 ][Schedule 1 Amended by S.R. 1987 No. 103 ][Schedule 1 Amended by S.R. 1989 No. 183 ]
SCHEDULE 6 - Headings and Provisions for Inclusion in Publication of Regulations under Securities Industry (Fees) Act 1980 of the Commonwealth
SCHEDULE 6 - Headings and Prov SCHEDULE 6 - Headings and Provisions for Inclusion in Publication of Regulations under Securities Industry (Fees) Act 1980 of the Commonwealth
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part I Preliminary
Part I Preliminary
1 Short title
1 Short title
This Act may be cited as the Securities Industry (Application of Laws) Act 1981 .
2 Commencement
2 Commencement
(1) This section and section 1 shall commence on the date of assent to this Act.
(2) Except as provided in subsection (1) , this Act shall commence on such date as may be fixed by proclamation.
3 Interpretation
3 Interpretation
*[Section 3 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]*In this Act, unless the contrary intention appears –
Agreement means the agreement made on 22nd December 1978 between the Commonwealth and the States in relation to a proposed scheme for the co-operative regulation of companies and the securities industry or, if that agreement is or has been amended or affected by another agreement, that agreement as so amended or affected;
Commission means the Australian Securities Commission established under the Australian Securities Commission Act 1989 of the Commonwealth;
Commissioner for Corporate Affairs means the Commissioner for Corporate Affairs for Tasmania and includes any Deputy or Assistant Commissioner for Corporate Affairs;
Ministerial Council means the Ministerial Council for Companies and Securities established by the Agreement;
Tasmania means the State of Tasmania and its Dependencies;
the applied provisions means the provisions applying by reason of sections 6 and 7 ;
the Commonwealth Act means the Securities Industry Act 1980 of the Commonwealth.
Establishes interpretive rules for references in Tasmanian law to the Code, the Regulations and the Fees Schedule (s 14). It also makes publications authorised by the Minister prima facie evidence of the applied provisions or the corresponding regulations/fees (ss 10-13(3)).
The Act therefore does not itself recreate a standalone Tasmanian securities code; it draws the Commonwealth code into Tasmanian operation as at a specified date and sets an administrative framework for fees, local publications, and the implementation of later agreed amendments via Ministerial Council approval and Governor-instrument mechanisms (ss 6-9; ss 10-15). The Commissioner for Corporate Affairs is explicitly the local payee and recipient of administrative fees and powers under s 8.
The Act is explicit about its temporal anchor: the Commonwealth provisions and regulations adopted are those in force on 31 December 1990 (ss 6-7), subject to the local amendment mechanism in Schedules and the Governor’s powers where the Ministerial Council has approved changes (ss 9, 15). Where the Act authorises publication of consolidated Tasmanian texts, those publications are declared prima facie evidence of the applied provisions or regulations (ss 10-13).
Main concepts
The Act operates through a small set of interrelated legal concepts and institutional linkages. Understanding those concepts is necessary for interpreting who decides, who pays, and what substantive law applies.
Applied provisions, applied provisions as a label and source. The Act defines “the applied provisions” as the Commonwealth Act provisions that apply in Tasmania by operation of ss 6 and 7 (s 3). The applied provisions are the principal legal content: whatever obligations, prohibitions, licences, defences, and penalties the Commonwealth Act contained on the specified date, as modified by the Schedules, now operate as Tasmanian law.
Temporal cut‑off and amendment routes. The chosen temporal cut-off is 31 December 1990 for both Commonwealth Act provisions and Commonwealth regulations (ss 6-7). Subsequent Commonwealth amendments do not automatically become Tasmanian law. Instead, the Act provides two routes for bringing subsequent agreed changes into Tasmanian operation: (a) the Ministerial Council may approve an amendment and the Governor may make regulations implementing it where the Ministerial Council approved the amendment but the amendment was not made within six months or was disallowed (s 9); and (b) where the Ministerial Council approves amendments, the Governor may make regulations amending the Schedules or s 8 in accordance with that approval (s 15). Those provisions create a mechanism for coordinated inter‑jurisdictional change that does not rely on automatic incorporation.
Relationship to federal instruments and local interpretation. Section 4 directs that references to Commonwealth Acts include references to those Acts as amended and to substitute Acts. However, s 6 is specific in selecting the Commonwealth Act as in force on 31 December 1990. Section 14 provides interpretive rules to ensure that references in Tasmanian law to the “Securities Industry (Tasmania) Code”, the “Securities Industry (Tasmania) Regulations” and the “Securities Industry (Fees) (Tasmania) Regulations” are read as references to the corresponding Commonwealth instruments as applied by ss 6-8. This ties the language of many Tasmanian instruments to the applied provisions.
Local administrative and financial interface. Section 8 makes the Commissioner for Corporate Affairs the recipient of fees payable for acts done under the applied provisions, and grants the Commissioner the discretion to waive, reduce or refund fees in particular cases (s 8(5)). It also provides that documents lodged without payment of the required fee are to be treated as not lodged until payment is made (s 8(2)), and prevents the Ministerial Council or the Commission from doing acts or things until the fee has been paid (s 8(3)). Subsection (4) makes s 8 effective notwithstanding anything in the applied provisions.
Publication and evidentiary mechanism. The Minister may authorise consolidated printed versions of the applied Commonwealth Act (the Securities Industry (Tasmania) Code) and the applied regulations/fees (ss 10-12). Those authorised publications are prima facie evidence of the provisions as in operation in Tasmania (ss 10(3), 11(3), 12(3)). The Act provides required contents for those publications (notification of operative dates; headings in Schedules 4-6).
Ministerial Council approval and exemptions. Section 16 permits the Governor to create regulations declaring exemptions from the definition of “prescribed interest” where the Ministerial Council has approved such an exemption under the Agreement. Regulations under s 16 are to be read as part of the Securities Industry (Tasmania) Regulations.
Those concepts make clear that the Act is an application and domestication statute. It does not restate or re‑enact the substantive securities rules in full in its body; it imports them and supplies local administration, fee collection, publication and a route for coordinated intergovernmental amendment.
Who it affects
This Act determines which laws regulate securities activity in Tasmania and allocates administrative and financial roles to local officials. The following categories of persons and entities are affected.
Persons and entities otherwise subject to the Commonwealth Securities Industry Act provisions as of 31 December 1990. By s 6 the Commonwealth provisions (except ss 1-3) apply as Tasmanian law. Anyone within Tasmania who would fall within the operative scope of those Commonwealth provisions therefore becomes subject to those rules, subject to the amendments listed in Schedule 1. The Act does not list categories in its own text; the categories are those set by the applied provisions. Practitioners must read the applicable parts of the applied Commonwealth Act (consult the Securities Industry (Tasmania) Code published under s 10) to identify precise classes (e.g. brokers, underwriters, disclosure obligations, licensing requirements).
The Commissioner for Corporate Affairs (Tasmania). Section 3 defines the Commissioner for Corporate Affairs and s 8 makes that office the recipient of all fees payable for lodgments, registrations, inspections, production of registers, issuing of licences/consents, inquiries/applications and submissions for examination under the applied provisions. The Commissioner can waive, reduce or refund fees (s 8(5)). The Act therefore imposes administrative and financial duties on this office.
The Minister (Tasmania) and the Governor. The Minister is empowered to authorise publication of the consolidated Code and Regulations (ss 10-12) and the Governor may make regulations in a number of specified circumstances (ss 9, 15, 16). These provisions place decision‑making powers in the executive: authorisation of publication and regulation‑making in response to Ministerial Council approvals.
The Ministerial Council for Companies and Securities and the Australian Securities Commission. The Act repeatedly references the Ministerial Council and the Commission (s 3 definitions). The Ministerial Council’s approvals drive the Governor’s power to make local regulations (ss 9, 15). The Commission remains the body to which the applied provisions refer; the Act operationalises the Commission’s federally‑founded functions within the Tasmanian legal structure, subject to the payment and administrative interface in s 8.
Anyone relying on the legal status of the applied provisions. Sections 10-13 authorise official Tasmanian publications (the Code and Regulations and Fees Regulations), and declare a published document purporting to be those texts to be prima facie evidence of the law as applied in Tasmania (ss 10(3), 11(3), 12(3), 13(3)). That affects litigants, advisers and tribunals when seeking to establish the operative text of the applied provisions in Tasmania.
Persons holding or claiming exemptions from the definition of “prescribed interest”. Section 16 provides a mechanism for the Governor to declare exemptions approved by the Ministerial Council to be exempt interests for the Tasmanian definition.
In practical terms, regulated market participants must comply with the applied Commonwealth provisions as they operate in Tasmania. The Commissioner for Corporate Affairs becomes the Tasmanian administrative touchpoint for payments and certain administrative acts. The Minister and the Governor make key decisions about the Tasmanian form and expression of the applied Commonwealth law, including implementation of interstate or federal amendments where the Ministerial Council has approved them.
Key duties and rights
The Act creates a small set of substantive duties and rights in the Tasmanian context, although the bulk of duties and penalties remains within the applied Commonwealth provisions themselves. The Act’s own duties and rights are administrative and interpretive.
Duty to pay fees to the Commissioner for Corporate Affairs. Section 8(1) provides that specified fees payable under the applied provisions (for lodgment, registration, inspection, production of registers pursuant to subpoena, issuing documents/licences/consents, making inquiries/applications, and submission of documents for examination) are to be paid to the Commissioner for Corporate Affairs for and on behalf of the State and are to be the fees prescribed by the Commonwealth Securities Industry (Fees) Act 1980 regulations as specified in Schedule 3, as amended. This places the financial obligation on persons who require those services or rights under the applied provisions.
Effect of non‑payment on lodgment and administrative action. Section 8(2) deems a document submitted for lodgment without payment of the required fee not to have been lodged until the fee is paid. Section 8(3) prevents the Ministerial Council or the Commission from doing an act or thing involving the doing of an act or thing until the fee has been paid. These subsections impose concrete consequences for non‑payment that affect timing and the availability of statutory processes.
Right of fee remission and refund. Section 8(5) explicitly permits the Commissioner for Corporate Affairs to waive or reduce fees in particular or classes of cases and to refund fees in whole or in part. This creates administrative discretion to mitigate the financial effect of fees in specified cases.
Right to rely on prima facie publications. Sections 10(3), 11(3), 12(3) and 13(3) make authorised printed copies of the applied Commonwealth Act, Regulations and Fees Schedule prima facie evidence of the provisions as in operation in Tasmania. Persons have the right to point to those publications as establishing the content and operative dates of the applied provisions unless and until the evidence is rebutted.
Duty on the Governor to implement approved amendments in specified cases. Sections 9 and 15 authorise the Governor to make regulations implementing changes that the Ministerial Council has approved if the amendment under the Agreement has not been made within six months (s 9) or where the Ministerial Council approves a proposed amendment the Governor may make regulations amending Schedules 1-3 or s 8 in accordance with that approval (s 15). These sections create a forward path for updating Tasmania’s applied law following intergovernmental approval and provide a duty/power on the Governor to act in those circumstances.
Right to be exempted from the definition of “prescribed interest” where the Ministerial Council has approved it. Section 16(1) gives effect to Ministerial Council approvals by enabling the Governor to declare specified rights or interests exempt for the purposes of the definition of “prescribed interest” in the Code. Such regulations are to be read as one with the Securities Industry (Tasmania) Regulations (s 16(2)).
The Act also establishes interpretive duties on courts and drafters in Tasmania: s 14 requires that references to the Securities Industry (Tasmania) Code, its provisions and the Tasmanian Regulations and Fees be read as references to the applied Commonwealth provisions and the corresponding Commonwealth regulations/fees as applied by ss 6-8. This aligns Tasmanian references across instruments.
Substantive regulatory duties, licensing regimes, disclosure obligations, market conduct rules and penalties are not restated in this Act but reside in the applied Commonwealth provisions adopted under s 6 and the corresponding regulations adopted under s 7. Users must consult the applied provisions to identify the full set of duties and rights attaching to market participants.
Penalties and enforcement
The Act itself contains almost no standalone penalty regime; it functions instead to import the Commonwealth enforcement architecture and to provide local administrative levers relating to fees and publication. The source text establishes the following enforcement‑relevant points.
No penal clauses within the body of this Act. The provisions supplied in the text that enact the adoption, publication and fee mechanisms contain no independent criminal or civil penalty provisions. The Act does not list fines or offences within its own body.
Enforcement and penalties are in the applied provisions. Section 6 imports the Commonwealth Act provisions as Tasmanian law “subject to this Act”, and s 7 imports the Commonwealth regulations. Where the Commonwealth provisions (as applied) contain offences, civil penalties, or enforcement mechanisms (for example, powers of investigation, licensing sanctions, injunctions), those provisions operate as Tasmanian law under ss 6-7. Therefore, penalties and enforcement relevant to securities activity in Tasmania will be found in the applied provisions, not in the Tasmanian Act text itself (s 6; s 7).
Fee enforcement mechanics and procedural bars. Section 8 establishes concrete enforcement mechanisms in relation to fees: documents lodged without payment are deemed not lodged until the fee is paid (s 8(2)); the Ministerial Council or the Commission shall not do acts or things involving prescribed matters until the fee is paid (s 8(3)). These express procedural consequences effectively enforce payment by withholding statutory action or by treating lodgment as incomplete.
Commissioner’s remedial discretion. Section 8(5) gives the Commissioner for Corporate Affairs the discretion to waive, reduce or refund fees in particular cases or classes of cases. This discretion is an administrative enforcement/relief tool that can be used to modify the immediate application of s 8’s procedural effects.
Governor’s regulation‑making following Ministerial Council approval. Sections 9 and 15 provide that where the Ministerial Council approves amendments or regulations and those changes are not implemented within a specified timeframe or are otherwise in flux, the Governor may make regulations to implement the approved changes. While not penal in themselves, these powers affect enforcement by bringing amended rules into effect locally so that enforcement can proceed under the new rules.
Evidentiary effect of authorised publications. Sections 10(3), 11(3) and 12(3) make authorised publications prima facie evidence of the applied law. This influences enforcement litigation by easing proof of the operative text of the law in Tasmanian proceedings, unless and until rebutted.
Practically, to establish what conduct is penalised and what enforcement options are available one must consult the applied Commonwealth Act and regulations (s 6; s 7). This Act provides administrative enforcement tools around fees and evidentiary convenience for litigants and regulators (ss 8, 10-13).
How it interacts with other laws
The Act is primarily a domestication and interpretation instrument; it creates linkages and precedence rules among Commonwealth instruments, Tasmanian administrative offices, and other Tasmanian statutes. The text establishes the following interactions.
Interaction with the Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981. Sections 5 and the opening line of s 6 explicitly state that the Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981 applies to the Securities Industry (Tasmania) Code and that the Commonwealth Act provisions, as applied, are subject to and in accordance with that 1981 Application Act (s 5; s 6(b); s 7(b)). This locates the interpretive and miscellaneous machinery (such as definitions and application rules) specified in the 1981 Act as operating over the applied provisions.
Relationship with Commonwealth Acts and substitutions. Section 4 provides a general rule that references to a Commonwealth Act shall be construed as including the Act as amended for the time being and to substitute Acts. However, s 6 makes clear that the specific Commonwealth Act provisions adopted are those "as in force on 31 December 1990", subject to local amendments in Schedule 1. This means a general interpretive rule (s 4) coexists with a specific temporal cut‑off for the applied provisions (s 6). The practical effect in Tasmanian law is that, unless the Act’s local amendment mechanism is used (ss 9, 15), later Commonwealth amendments do not automatically alter the Tasmanian applied text.
Effect notwithstanding applied provisions. Section 8(4) states that s 8 has effect notwithstanding anything contained in the applied provisions. This gives the Tasmanian fee regime, and the Commissioner’s powers under s 8, precedence over any contrary provision in the applied Commonwealth text as adopted in Tasmania.
Local publications as evidence across Tasmanian law. Section 14 prescribes that references in Tasmanian statutes, regulations, instruments or documents to the Securities Industry (Tasmania) Code, its provisions, or the Tasmanian Regulations/Fees are to be read as references to the corresponding applied Commonwealth provisions and regulations (s 14(1)). This provides consistency across Tasmanian law: other Tasmanian Acts that reference the Code will, by operation of s 14, be referencing the applied Commonwealth text rather than an independent Tasmanian statutory code.
Intergovernmental Agreement and Ministerial Council approvals. The Act repeatedly depends on the Agreement (the 1978 Commonwealth-States agreement) and the Ministerial Council for Companies and Securities. Sections 9 and 15 require or permit the Governor to act where the Ministerial Council approves amendments or regulations. These provisions create an institutional link between intergovernmental processes and Tasmanian statutory implementation.
Exemptions and regulatory harmonisation. Section 16 implements a channel by which Ministerial Council approvals of exemptions to the definition of "prescribed interest" in the Code can be reflected in Tasmanian regulations. Those regulations are to be read as one with the Securities Industry (Tasmania) Regulations (s 16(2)), which affects how exemptions recognised at the intergovernmental level are treated in Tasmanian law.
Evidentiary interaction with litigation and administrative processes. Sections 10-13 provide that authorised, consolidated publications are prima facie evidence of the applied provisions, their operative dates, and fees. This simplifies interaction between Tasmanian courts and administrative tribunals and the documentation required to establish the law in force in Tasmania.
In short, the Act is designed to create a consistent local expression of Commonwealth securities law within Tasmania, while giving the State executive powers to publish, collect fees, and implement Ministerial Council‑approved changes. Where there is any inconsistency, s 8(4) gives a Tasmanian provision precedence for matters addressed by s 8, and s 14 ensures Tasmanian references to the Code or Regulations point to the applied Commonwealth text.
Amendment history
The Act’s text includes references to specific amendments and insertions made after the original enactment. The Act itself incorporates mechanisms for further amendment via Ministerial Council approvals and Governor‑made regulations. The source identifies the following amendment events.
Section 3: The Interpretation section is noted as amended by No. 68 of 1994, s 3 and Schedule 1. The marginal note indicates that the definition block in s 3 was updated by that amending instrument.
Sections 6 and 7: Each is annotated as amended by No. 41 of 2001, s 27, applied 15 July 2001. The marginal references show that the application of the Commonwealth Act and the Commonwealth regulations (as adopted) were adjusted by that 2001 amending Act. The text retains the temporal anchor to provisions and regulations in force on 31 December 1990 but shows those paragraphs were the subject of later amendment.
Section 8: Subsection (1) is noted as amended by S.R. 1981 No. 244. The fees provision has thus been the subject of an early subordinate‑instrument change.
Section 16: Inserted by No. 9 of 1982, s 4 and Schedule 2. Section 16(1) further carries a marginal note that it was amended by No. 46 of 1991, s 4 and Schedule 2. Those entries show that the exemption mechanism was added in 1982 and later adjusted in 1991.
Schedules: Schedule 1 carries a long series of amendment notes: amended by No. 9 of 1982, s 4 and Schedules 2, 3 and 4; and amended by multiple Statutory Rules in 1982, 1983, 1984, 1986, 1987, 1989. Schedule 2 is annotated as amended by No. 9 of 1982, s 4 and Schedule 2, and by S.R. 1982 No. 112. Schedule 3, and Schedules 4-6 also contain amendment notes. Those marginal annotations demonstrate that the Schedules, which contain the local amendment text and the mapping of Commonwealth provisions/regulations to Tasmanian operation, have been updated through acts and subordinate instruments.
Provisions authorising future amendment. Sections 9 and 15 permit the Governor to make regulations to amend Schedules 2 and 3 or s 8, in specified circumstances following Ministerial Council approvals, and s 15 authorises the Governor to amend Schedules 1-3 and s 8 in accordance with Ministerial Council approval. These sections constitute the statutory route for future changes to the applied text without further primary legislation.
The Act’s amendment history in the source is therefore twofold: (a) discrete historical amendments and insertions (1981-2001 amendments as noted in the margins), and (b) an ongoing amendment mechanism tied to Ministerial Council approvals and Governor regulations (ss 9, 15). Users should inspect the Schedules for the concrete textual amendments that implement Commonwealth provisions and should consult the marginal notes to track legislative amendments noted in the source.
Litigation history
The text of the Act as provided does not include, refer to, or reproduce any judicial decisions or litigation history. It contains no case citations and no notes of judicial interpretation within the provided source. Consequently, the source discloses no litigation history, and no judicial decisions are named in the Act itself.
Where litigation may have arisen in practice about the operation, interpretation, or validity of the applied provisions, the Act does not record that. The Act does, however, create evidentiary mechanisms (ss 10-13(3)) that affect litigation: authorised publications are prima facie evidence of the applied provisions and their operative dates in Tasmania, which has practical significance for proof and pleadings in any proceedings that invoke the content of the applied Commonwealth Act or regulations. For any query about cases that have construed the Act or its effect, one must consult external case law databases and reports; those are not included in the Act’s text and therefore not within the source provided.
In short, the Act supplies no litigation history in its own text; it sets up legal instruments that would be litigated under the applied provisions, but the source contains no record of such litigation.
Gotchas
The Act contains several drafting and operational features that can cause practical surprises if not identified. These are concrete, source‑grounded points to watch for in compliance, advice and drafting.
Temporal lock to 31 December 1990. Sections 6 and 7 adopt the Commonwealth Act and its regulations as they stood on 31 December 1990. That insulation means later Commonwealth amendments do not automatically apply in Tasmania. The Act does provide administrative routes for adopting later changes (ss 9 and 15), but those require Ministerial Council approval and, in some cases, Governor action. Practitioners should not assume that Tasmania’s securities law automatically mirrors the Commonwealth regime post‑1990; check whether Governor regulations or Schedule amendments have been made (s 6; s 7).
Apparent tension between s 4 and s 6. Section 4 states that a reference to a Commonwealth Act includes its amendments and substitutions “for the time being”, a general interpretive rule. Section 6, however, explicitly imports the Commonwealth Act as in force on 31 December 1990. This creates a priority of the specific (s 6) over the general (s 4) in practice: the applied provisions are those specified in s 6 unless and until s 9/15 or other provisions update them. Do not assume s 4 gives an open-ended route for later Commonwealth amendments to apply.
Fees are payable to the State via the Commissioner. The applied provisions contemplate actions before the Commission and Ministerial Council, but s 8 makes the Commissioner for Corporate Affairs, for and on behalf of the State, the recipient of the relevant fees (s 8(1)). That shifts the financial interface to Tasmania even though the Commission is a Commonwealth body under the applied provisions. Furthermore, s 8(4) provides that s 8 operates notwithstanding anything in the applied provisions , that is a declaratory precedence that may displace applied provisions on fees and procedure.
Documents not lodged until fee paid; actions withheld. If a required fee is not paid, a document lodged without payment is deemed not to be lodged (s 8(2)). The Ministerial Council or the Commission must not do an act or thing until the fee has been paid (s 8(3)). This creates timing and practical impediments for respondents and applicants; failure to pay may result in loss of priority, lapse of rights, or procedural bars.
Administrative discretion to waive or refund fees. Section 8(5) allows waiver, reduction or refund of fees by the Commissioner "in a particular case or classes of cases". While this provides flexibility, it creates unevenness risk: parties may face different treatments depending on the Commissioner’s exercise of discretion.
Governor’s power to implement Ministerial Council approvals after six months. Section 9 permits the Governor to make regulations consistent with Ministerial Council approvals where, after six months, the approved amendment has not been made or is subject to disallowance or has ceased. This creates a path for fast‑tracking interstately approved changes into Tasmanian law without waiting for the ordinary legislative processes, which may surprise those assuming the only route is primary legislation.
Publications are prima facie evidence but not conclusive. Authorised consolidated publications (ss 10-13) are prima facie evidence that the applied provisions/regulations/fees are as stated and include operative dates. Prima facie evidence is rebuttable; parties should verify the underlying legislative instruments and registration of the Governor’s regulations and Schedules to ensure the publication is correct and up to date.
Regulations under s 16 are "one with" the Tasmanian Regulations. Section 16(2) requires that regulations declaring exemptions under s 16(1) be construed as one with the Securities Industry (Tasmania) Regulations. Practically, this means those exemptions are integrated into the Tasmanian regulatory text; yet the route to create them is not parliamentary amendment but Governor’s regulations following Ministerial Council approval.
Schedules contain material amendments and mappings. The Schedules (1-6) carry the concrete amendments and the headings to be used in authorised publications. Schedule 1 in particular holds the local drafting adaptations of the Commonwealth Act. The source contains images for Schedule 1 pages; practitioners must check the up‑to‑date published Schedules and the authorised Securities Industry (Tasmania) Code for the operative text.
Other Tasmanian instruments that refer to the Code will be bound to the applied Commonwealth text. Section 14 requires that references to the Securities Industry (Tasmania) Code in other Tasmanian laws be read as references to the corresponding applied Commonwealth provisions. This can produce unexpected cross‑references: a Tasmanian Act referencing the Code will pull in the applied Commonwealth provisions rather than an independently Tasmanian statute.
These are not interpretive judgments but direct operational implications of the Act’s drafting. They affect compliance calendars, proof of law in proceedings, fee payment flows, and the modalities by which federal intergovernmental changes enter Tasmanian law.
How to comply
Compliance under this framework requires attending to three layers: (1) the content of the applied Commonwealth provisions as adapted by Schedule 1; (2) the Tasmanian regulatory and fee instruments adopted under ss 7-8 and Schedules 2-3; and (3) the administrative and publication machinery in ss 9-16. Practical steps follow from the source.
Identify the operative applied provisions. The substantive obligations, licensing rules, disclosure requirements, and offences will be in the Commonwealth Securities Industry Act 1980 provisions that apply in Tasmania by s 6 as in force on 31 December 1990 and as amended in Schedule 1. Compliance starts with obtaining the Securities Industry (Tasmania) Code authorised under s 10 and verifying the operative dates stated in the publication (s 10(2)(b)). Use the authorised publication as prima facie evidence (s 10(3)), but confirm against Schedules and any subsequent Governor regulations that amend Schedules under ss 9 or 15.
Check the applicable regulations and fees. The relevant Commonwealth regulations as at 31 December 1990 apply by s 7, subject to the amendments listed in Schedule 2. Fees for lodgments and other acts are those in the Schedule to the Commonwealth Securities Industry (Fees) Act 1980 regulations as applied and amended in Schedule 3 (s 8(1)). Obtain the Securities Industry (Tasmania) Regulations and Securities Industry (Fees) (Tasmania) Regulations published under ss 11-12, and check the publication’s notification of operative dates (ss 11(2), 12(2)). Rely on these publications as prima facie evidence but verify currentness of any Governor regulations enacted under ss 9 or 15.
Pay fees to the Commissioner for Corporate Affairs and comply with timing rules. Section 8 makes the Commissioner the payee for fees connected to the applied provisions. Documents submitted for lodgment without payment are deemed not to have been lodged until the fee is paid (s 8(2)); the Commission or Ministerial Council will not do acts or things involving the prescribed matters until the fee has been paid (s 8(3)). Therefore, always include payment when lodging documents and retain receipts proving payment to avoid procedural invalidation.
If fee relief is needed, engage the Commissioner early. Section 8(5) permits waiver, reduction or refund in particular cases or classes of cases. Seek early administrative engagement with the Commissioner for Corporate Affairs if fee hardship or unusual circumstances apply.
Monitor Ministerial Council approvals and Governor regulations. Because later federal amendments do not automatically apply, monitor whether the Ministerial Council has approved amendments and whether the Governor has exercised powers under s 9 or s 15 to bring those approvals into Tasmanian operation. Where the Ministerial Council approves exemptions (for example, to the definition of “prescribed interest”), seek to identify any s 16 regulations declaring exemptions that are “one with” the Tasmanian Regulations.
Use authorised publications but retain documentary verification. The Minister’s authorised publications are prima facie evidence of the applied provisions and operative dates (ss 10-13). Use them for everyday compliance, but retain verification of any Governor regulations, Schedules, and the legislative history if there is a high‑stakes transaction or litigation risk.
Where in doubt about the applicable text, consult the Schedules. Schedule 1 contains the specific textual amendments and mappings that convert the Commonwealth Act to Tasmanian operation. If an issue depends on precise wording or a local modification, consult Schedule 1 and any subsequent Schedules or regulations made under ss 9 or 15.
Ensure cross‑reference consistency in Tasmanian instruments. Section 14 requires that references in other Tasmanian laws to the Code or the Tasmanian Regulations be read as references to the corresponding applied Commonwealth provisions. If drafting Tasmanian instruments or advising on inter‑statutory compliance, ensure the inter‑textual references are understood in light of s 14(1)(a)-(f).
For exemptions to "prescribed interest", follow the Ministerial Council route. Section 16(1) requires that exemptions be approved by the Ministerial Council before the Governor may declare them in regulations. Verify whether an applicable exemption has been approved and made under s 16 and whether it has been included as part of the Tasmanian Regulations (s 16(2)).
Keep records of payments, lodgments and the date of authorising publications. Because the Act ties procedural validity to fee payment and operative dates as notified in authorised publications (ss 8(2), 10(2)(b)), maintain clear records showing payment timing and copies of the authorised publications with the Minister’s statement of authorisation.
Following these steps will align a regulated party’s practices with the Act’s structure: identify and comply with the applied Commonwealth provisions as modified by Schedule 1; ensure fees are paid to the Commissioner for Corporate Affairs when required; use the authorised Tasmanian publications as primary compliance texts while verifying any subsequent Governor instruments or Schedule amendments; and monitor Ministerial Council approvals for relevant exemptions or amendments.
Section 5Interpretation of Securities Industry (Tasmania) Code
In this Act, a reference to a Commonwealth Act shall be construed as including a reference to that Act as amended and in force for the time being and to an Act passed in substitution for that Act.
5 Interpretation of Securities Industry (Tasmania) Code
5 Interpretation of Securities Industry (Tasmania) Code
The Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981 applies to the Securities Industry (Tasmania) Code .
Part II Application of Laws
Part II Application of Laws
6 Application of Securities Industry Act 1980 of the Commonwealth
6 Application of Securities Industry Act 1980 of the Commonwealth
[Section 6 Amended by No. 41 of 2001, s. 27, Applied:15 Jul 2001] Subject to this Act, the provisions of the Commonwealth Act as in force on 31 December 1990, other than sections 1, 2, and 3, apply–
(a) as if amended as set out in Schedule 1 ; and
(b) subject to and in accordance with the Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981 –
as laws of Tasmania.
7 Application of regulations under Securities Industry Act 1980 of the Commonwealth
7 Application of regulations under Securities Industry Act 1980 of the Commonwealth
[Section 7 Amended by No. 41 of 2001, s. 27, Applied:15 Jul 2001] Subject to this Act, the provisions of regulations in force on 31 December 1990 under the Commonwealth Act, other than provisions providing for the citation or commencement of the regulations, apply–
(a) as if amended as set out in Schedule 2 ; and
(b) subject to and in accordance with the Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981 –
as regulations made under the provisions applying by reason of section 6 .
8 Fees payable
8 Fees payable
(1) *[Section 8 Subsection (1) amended by S.R. 1981 No. 244 ]*There shall be paid to the Commissioner for Corporate Affairs, for and on behalf of the State, for or in respect of –
(a) the lodgment of documents with the Commission under the applied provisions;
(b) the registration of documents under the applied provisions or the inspection or search of registers kept by, or documents in the custody of, the Commission under the applied provisions;
(c) the production by the Commission, pursuant to a subpoena, of any register kept by, or documents in the custody of, the Commission under the applied provisions;
(d) the issuing of documents or copies of documents, the granting of licences, consents or approvals or the doing of other acts or things by the Ministerial Council or the Commission under the applied provisions;
(e) the making of inquiries of, or applications to, the Ministerial Council or the Commission in relation to matters arising under the applied provisions; and
(f) the submission to the Commission of documents for examination by the Commission –
such fees (if any) as are prescribed by regulations in force for the time being under the Securities Industry (Fees) Act 1980 of the Commonwealth and specified in the Schedule to those regulations as if amended as set out in Schedule 3 and as if, unless the contrary intention appears, expressions used have the same respective meanings as in the applied provisions.
(2) Where a fee is payable to the Commissioner for Corporate Affairs, for and on behalf of the State, under subsection (1) for or in respect of the lodgment of a document with the Commission and the document is submitted for lodgment without payment of the fee, the document shall be deemed not to have been lodged until the fee has been paid.
(3) Where a fee is payable to the Commissioner for Corporate Affairs, for and on behalf of the State, under subsection (1) for or in respect of any matter involving the doing of any act or thing by the Ministerial Council or the Commission, the Ministerial Council or the Commission shall not do that act or thing until the fee has been paid.
(4) This section has effect notwithstanding anything contained in the applied provisions.
(5) Nothing in this section prevents the Commissioner for Corporate Affairs, for and on behalf of the State, from –
(a) waiving or reducing, in a particular case or classes of cases, fees that would otherwise be payable pursuant to this section; or
(b) refunding in whole or in part, in a particular case or classes of cases, fees paid pursuant to this section.
(6) In this section, unless the contrary intention appears, expressions used have the same respective meanings as in the applied provisions.
9 Amendment of Regulations pursuant to Agreement
9 Amendment of Regulations pursuant to Agreement
(1) Where under the Agreement the Ministerial Council approves a proposed amendment of regulations in force for the time being under the Commonwealth Act or the Securities Industry (Fees) Act 1980 of the Commonwealth and, upon the expiration of 6 months after the date on which the Ministerial Council so approved, the amendment has not been made or has been made and is subject to disallowance or has ceased to be in force by disallowance or for any other reason, the Governor may make regulations in accordance with the proposed amendment approved by the Ministerial Council amending the provisions of regulations applying by reason of section 7 or the regulations referred to in section 8 , as the case may be.
(2) Regulations made by the Governor under subsection (1) may amend Schedule 2 or 3 , as the case may be, and that Schedule as so amended shall be Schedule 2 or 3 , as the case may be, to this Act.
(3) In this Act –
(a) a reference to provisions of regulations applying by reason of section 7 includes a reference to provisions as so applying as amended in accordance with this section; and
(b) a reference to fees prescribed by regulations under the Securities Industry (Fees) Act 1980 of the Commonwealth includes a reference to those regulations as amended in accordance with this section.
10 Publication of Securities Industry (Tasmania) Code
10 Publication of Securities Industry (Tasmania) Code
(1) The Minister may from time to time authorize the publication by the Government Printer of the provisions of the Commonwealth Act (other than sections 1, 2, and 3), amended as set out in Schedule 1 and in operation, or to come into operation, in Tasmania.
(2) A document published under subsection (1) –
(a) shall include the headings and sections set out in Schedule 4 ;
(b) shall include a notification of the date, or dates, on which the several provisions set out in the document came, or come, into operation in Tasmania;
(c) shall include a statement of the date on which the Minister authorized the publication; and
(d) may be cited as the Securities Industry (Tasmania) Code .
(3) A document that is or purports to be a copy of the Securities Industry (Tasmania) Code that has been, or purports to have been, published in accordance with this section is prima facie evidence of the provisions of the Commonwealth Act applying by reason of section 6 as in operation, or to come into operation, in Tasmania as notified in the document in accordance with paragraph (b) of subsection (2) .
11 Publication of Securities Industry (Tasmania) Regulations
11 Publication of Securities Industry (Tasmania) Regulations
(1) The Minister may from time to time authorize the publication by the Government Printer of the provisions of regulations under the Commonwealth Act, other than provisions providing for the citation or commencement of the regulations, amended as set out in Schedule 2 and in operation, or to come into operation, in Tasmania.
(2) A document published under subsection (1) –
(a) shall include the headings and provisions set out in Schedule 5 ;
(b) shall include a notification of the date, or dates, on which the several provisions set out in the document came, or come, into operation in Tasmania;
(c) shall include a statement of the date on which the Minister authorized the publication; and
(d) may be cited as the Securities Industry (Tasmania) Regulations.
(3) A document that is or purports to be a copy of the Securities Industry (Tasmania) Regulations that has been, or purports to have been, published in accordance with this section is prima facie evidence of the provisions applying by reason of section 7 as in operation, or to come into operation, in Tasmania as notified in the document in accordance with paragraph (b) of subsection (2) .
12 Publication of Securities Industry (Fees) Regulations
12 Publication of Securities Industry (Fees) Regulations
(1) The Minister may from time to time authorize the publication by the Government Printer of the Schedule to regulations prescribing fees under the Securities Industry (Fees) Act 1980 of the Commonwealth, amended as set out in Schedule 3 and in operation, or to come into operation, in Tasmania.
(2) A document published under subsection (1) –
(a) shall include the headings and provisions set out in Schedule 6 ;
(b) shall include a notification of the date, or dates, on which the several provisions set out in the document came, or come, into operation in Tasmania;
(c) shall include a statement of the date on which the Minister authorized the publication; and
(d) may be cited as the Securities Industry (Fees) (Tasmania) Regulations.
(3) A document that is or purports to be a copy of the Securities Industry (Fees) (Tasmania) Regulations that has been, or purports to have been, published in accordance with this section is prima facie evidence of the provisions of the Schedule to regulations referred to in section 8 as in operation, or to come into operation, in Tasmania as notified in the document in accordance with paragraph (b) of subsection (2) .
13 Publication of provisions amending code or regulations
13 Publication of provisions amending code or regulations
(1) The Minister may from time to time authorize the publication by the Government Printer of a document setting out –
(a) provisions that by reason of –
(i) the enactment of an Act of the Commonwealth amending the Commonwealth Act; and
(ii) the operation of section 6 (including the operation, if applicable, of Schedule 1 ) –
apply, or will apply, as laws of Tasmania;
(b) provisions that by reason of –
(i) regulations under the Commonwealth Act; and
(ii) the operation of section 7 (including the operation, if applicable, of Schedule 2 ) –
apply, or will apply, as regulations made under the provisions applying by reason of section 6 ; or
(c) fees that by reason of –
(i) regulations under the Securities Industry (Fees) Act 1980 of the Commonwealth; and
(ii) the operation of section 8 (including the operation, if applicable, of Schedule 3 ) –
are or will be, payable under that section.
(2) A document published under subsection (1) shall include a notification of the date, or dates, on which the provisions or fees set out in the document came, or come, into operation in Tasmania.
(3) A document that has been or purports to have been published in accordance with this section is prima facie evidence of provisions or fees referred to in subsection (1) set out in the document.
14 Interpretation of references to the applied provisions
14 Interpretation of references to the applied provisions
(1) Unless the contrary intention appears, in this or any other Act or in a regulation or other instrument made under this or any other Act or in any other document made by or under the authority of, or for the purposes of, a law of Tasmania –
(a) a reference to the Securities Industry (Tasmania) Code is a reference to the provisions of the Commonwealth Act applying by reason of section 6 ;
(b) a reference to a provision of that Code is a reference to the corresponding provision of the Commonwealth Act as so applying;
(c) a reference to the Securities Industry (Tasmania) Regulations is a reference to the provisions of regulations in force under the Commonwealth Act applying by reason of section 7 ;
(d) a reference to a provision of those regulations is a reference to the corresponding provision of the regulations in force under the Commonwealth Act as so applying;
(e) a reference to the Securities Industry (Fees) (Tasmania) Regulations is a reference to the Schedule to regulations prescrib
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