Tasmanian Development Act 1983

Tasmanian Development Act 1983

This Act may be cited as the Tasmanian Development Act 1983.

This section, sections 1, 3, and 16(3), and Part I of Schedule 3 shall commence on the day on which this Act receives the royal assent.

Except as provided in subsection (1), this Act shall commence on a date to be fixed by proclamation.

In this Act, unless the contrary intention appears – annual report means the annual report for TDR prepared under section 29E;Australian Accounting Standards means Statements of Accounting Standards issued jointly by the National Councils of the Australian Society of Certified Practising Accountants and The Institute of Chartered Accountants in Australia or their successors;Authority means the Tasmanian Development Authority as existing on 30 June 1995; authorized officer means an officer of TDR to whom any of its functions or powers is delegated under section 19(1);Board means Tasmania Development and Resources Board; business undertaking includes the provision of services; chairperson means the chairperson of the Board appointed under section 5(3); chief executive means the chief executive appointed under section 5(3); commencement day means the day fixed under section 2(2); corporate plan means the corporate plan approved under section 15A; director means a person appointed as a director under section 5; financial statements means the financial statements prepared under section 29B and includes the consolidated financial statements prepared in respect of TDR and all its subsidiaries under that section; financial year means a period of 12 months ending on 30 June in any year; functions includes duties; officer of TDR means a person appointed and holding office under section 16;Primary Industry Bank means the Australian Resources Development Bank Limited, incorporated in Victoria; public authority means a body corporate that is constituted or established by or under an Act, or appointed by the Governor by or under the authority of an Act, for a public purpose; repealed Act means an Act specified in Schedule 5 or a corresponding former enactment; statement of corporate intent has the meaning given by section 15C;TDR means Tasmania Development and Resources;TDR Act means an Act administered by TDR under the Administrative Arrangements Act 1990.

In this Act a reference to a subsidiary has the meaning given by the Corporations Act as if TDR were a corporation within the meaning of that Act.

The Tasmanian Development Authority is continued as a body corporate with the corporate name of Tasmania Development and Resources.

TDR – has perpetual succession; shall have a common seal; may take proceedings, and be proceeded against, in its corporate name; may do, and be subject to, all other things that a body corporate may by law do and be subject to and that may be necessary for, or incidental to, the purposes of this Act; and has the functions imposed, and the powers conferred, on it by, or under, this or any other Act.

The common seal of TDR shall not be affixed to a document except in pursuance of a resolution of TDR and every sealing shall be authenticated by the signature of – 2 directors; or a director and an officer of TDR who is an authorized officer for the purpose of that sealing.

All courts, judges, and persons acting judicially shall take judicial notice of the common seal of TDR affixed to a document and, unless the contrary is established, shall presume that it was duly affixed.

The affairs and activities of TDR are to be conducted by a Board of Directors to be known as Tasmania Development and Resources Board.

The Board consists of not more than 9 directors including the chairperson.

Each of the directors shall be appointed by the Governor on the nomination of the Minister and, by an instrument of appointment under this section – one of the directors shall be appointed as chairperson of the Board; and another of the directors shall be appointed as chief executive.

The Minister must not make a nomination under subsection (3) unless he or she is satisfied that the person nominated has the experience and skills necessary to enable TDR to achieve its objectives.

Schedule 1 has effect with respect to the directors.

Schedule 2 has effect with respect to the meetings of the Board.

The chief executive is, subject to Schedule 1, to be appointed on such terms and conditions as are specified in the instrument of his or her appointment and may hold that appointment in conjunction with State Service employment.

The chief executive is responsible to the Board for the conduct of the affairs and activities of TDR in accordance with – any directions given to him or her by the Board; and in a case where he or she is a delegate of TDR under section 19(1), any condition or limitation that is applicable to him or her under that section.

The chief executive must, on request by the Board, provide the Board with such information as it may require relating to the affairs and activities of TDR.

The appointment or employment of a person as chief executive is not invalid by reason only of a defect or irregularity in relation to the appointment or contract of employment.

For the purposes of this section, the chief executive is absent if he or she – is absent from duty; or is otherwise unable to perform the functions of the office of chief executive; or has died, resigned or been removed from office and a new chief executive has not been appointed.

The Minister may appoint a person who is eligible to be appointed as chief executive to act as chief executive during any or every period during which the chief executive is absent.

An appointment is for such term, not exceeding 6 months, as is specified in the instrument of appointment and may be held in conjunction with State Service employment.

While a person appointed under subsection (2) is acting as chief executive, that person is taken to be the chief executive.

Section 6(1) applies in relation to the appointment of an acting chief executive as if it were an appointment of a chief executive.

It is the duty of TDR, within the limits of its powers, to encourage and promote the balanced economic development of Tasmania, and to ensure that its policies are directed to the greatest advantage of the people of Tasmania and that its powers under this Act or any other Act are exercised in such a manner as, in its opinion, will best contribute to –

the stability of business undertakings in Tasmania;

the maintenance of maximum employment in Tasmania; and the prosperity and welfare of the people of Tasmania.

TDR has, in addition to the functions conferred on it under any other Act, the following functions:to develop and carry out measures to encourage, monitor and promote employment in the private sector in Tasmania; to develop and carry out measures to promote investment in Tasmania; to promote co-operation between the public and private sectors for the purpose of any such measures; to support and expand existing business undertakings and business opportunities in Tasmania; to conduct research for the purpose of the development or establishment in Tasmania of business undertakings; if so requested by the Treasurer, to disburse on behalf of the Crown – any money payable as relief following a bushfire, drought, earthquake, flood, tempest, or other occurrence causing loss of life or property or injury to persons or property or distress to persons; or any money payable to the Crown as mentioned in section 10; to administer the TDR Acts.

Where TDR is responsible under the Administrative Arrangements Act 1990 for the administration of an Act which confers functions or powers on a person or body, the administration of that Act by TDR does not derogate from the functions or powers of that person or body.

For the purposes of this Act, TDR has, in addition to the powers conferred on it under any other Act but subject to any duty arising under section 11(1) on the Minister giving it a statement of policy objectives, the powers specified in this section.

TDR may – acquire, develop, and dispose of land as provided by sections 12, 13, and 14; subject to subsections (3) and (4), make a loan of money to any person on such terms and conditions as TDR thinks fit so long as the principal amount of the loan, or, in the case of 2 or more loans to that person, the aggregate of the principal amount of those loans, does not exceed $15 000 000; subject to subsection (5), make a grant of money for such purpose and on such terms and conditions as the Minister may approve to any person in order to – assist in the development, expansion, or retention of a business undertaking in Tasmania; or conduct research or experiments for the purpose of the establishment or development of a business undertaking in Tasmania; if it considers it to be of special significance to the development of the Tasmanian economy, acquire, with the approval of the Minister, an interest in a business undertaking at a cost not exceeding $35 000 000; recommend to the Minister that he grant a loan of money as provided by section 35; recommend to the Treasurer that he guarantee in accordance with section 36 the repayment of any money lent or agreed to be lent or the performance of any obligation referred to in subsection (1)(b) of that section; act as agent of the Minister or of the Minister in charge of tourism for the purpose of the performance of his functions under section 37(3)(a); make arrangements for the purpose of facilitating the establishment of co-operative organizations of persons engaged in any business undertaking; represent, or appoint a person to represent, TDR on the governing body of any organization of persons engaged in any business undertaking that is a business undertaking to which assistance under this Act is granted or is proposed to be granted; provide advice and technical assistance to any person in connection with a business undertaking; may act as agent for any person in connection with a business undertaking that is, or is proposed to be, carried on in Tasmania or elsewhere; may make a charge for any of its services provided under this Act; and may do any other act, matter, or thing as may be necessary or expedient for the performance of its functions under this or any other Act.

A loan of money shall not be made to a person under subsection (2)(b) if the effect of making the loan would be that the total of the amounts borrowed by that person at that time exceeds 80 per cent of the value of the total available security.

Notwithstanding subsection (3), TDR may, in any case where it is satisfied that there are special reasons for doing so – make a loan to a person with or without security and with or without interest so long as the principal amount of the loan or, in the case of 2 or more loans under this subsection, the aggregate of those loans does not exceed $500 000; and may, with the approval of the Minister, discharge any person from any liability not exceeding $50 000 arising from any loan to that person under this section.

For the purpose of subsection (2)(c) – where the amount of the grant is not more than $500 000, the grant shall be for such purpose and on such terms and conditions as the Minister may approve; and where the amount of the grant is more than $500 000, the grant shall be for such purpose and on such terms and conditions as the Treasurer and the Minister may approve.

The Governor may, by order, amend a provision of this section by omitting a reference to an amount specified in that provision and substituting a reference to some other amount specified in the order.

An amendment made, by the Tasmanian Development Amendment Act 2024, to an amount specified in a provision of this section does not prevent that amount, or any other amount, from being amended or further amended by an order made in accordance with subsection (6).

Where any money is payable to the Crown pursuant to an agreement between the Commonwealth and the State, the Governor may, by order, authorize TDR to disburse, in accordance with the agreement and any directions specified in the order, any money paid to the Crown pursuant to that agreement.