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CLAUSE NOTES
Tasmanian Early Years Foundation (Winding-up) Bill 2016
Clause 1: Short title
Clause 1 specifies the short title that may be used when citing the Bill.
Clause 2: Commencement
Clause 2 specifies that day on which the Bill will come into effect. The Bill will commence on
the day that it receives Royal Assent.
Clause 3: Interpretation
Clause 3 defines key terms used in the Bill.
Clause 4: Dissolution of the Foundation
Clause 4 provides that the Tasmanian Early Years Foundation will cease to exist on
commencement of this Bill.
Clause 5: Transfer of assets and liabilities
Clause 5 (1) provides that, on commencement of this Bill, the Crown assumes all
responsibility for the assets and liabilities of the Foundation.
Clause 5 (2) provides that State tax is not payable in respect of anything done to give effect
to clause 5(1).
Clause 6: Construction of documents
Clause 6 provides that after commencement of this Bill, and depending on the context, a
reference in a document to the Foundation, may be interpreted as a reference to, or
including, the Crown.
Clause 7: Legal proceedings and related matters
Clause 7 provides that when this Bill comes into force, the Crown assumes responsibility for
any unresolved or future proceedings (legal or other) brought against, or initiated by, the
Foundation (Clause 7 (a)), including:
any obligation or right to be enforced by or against the Foundation (Clause 7 (b));
any outstanding decision, and consequent action, ordered by a court (Clause 7 (c));
and
any document served to the Foundation (Clause 7 (d)).
Clause 8: Tax exemption
Clause 8 provides that the Crown is exempt from State tax in relation to any matter to which
the Bill relates.
Clause 9: Annual reports
Clause 9 (1) provides that the annual reporting for the Foundation will be included in the
Department of Premier and Cabinet’s annual report and must meet the provisions of the
Financial Management and Audit Act 1990.
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Clause 9 (2) provides that the above-mentioned annual reporting must occur in the financial
year that the Bill commences. The Department of Premier and Cabinet is responsible for
ensuring that all reporting undertaken is consistent with the requirements of the State Service
Act 2000.
Clause 10: Administration of Act
Clause 10 provides that the Premier has responsibility for this Act once it has commenced
(Clause 10 (a)), with support from the Department of Premier and Cabinet (Clause 10 (b)).
Clause 11: Legislation repealed
Clause 11 provides that the Tasmanian Early Years Foundation Act 2005 is repealed.
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