Tasmanian Development Regulations 2022 (Tas)

Tasmanian Development Regulations 2022

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Tasmanian Development Act 1983 .

7 November 2022

B. BAKER

Governor

By Her Excellency's Command,

GUY BARNETT

Minister for State Development, Construction and Housing

1. Short title These regulations may be cited as the Tasmanian Development Regulations 2022 .

2. Commencement These regulations take effect on 25 December 2022.

3. Interpretation In these regulations – Act means the Tasmanian Development Act 1983 ; administrator means a person appointed as administrator under section 32 of the Act; associated entity – see regulation 4 ; business judgment means any decision to take or not to take action in respect of a matter relevant to the business operations of the Authority; former director means a person who ceased to be a director within the period of 7 years immediately preceding the relevant time; former officer means a person who ceased to be an officer within the period of 7 years immediately preceding the relevant time; material personal interest – see regulation 5 ; relative includes a person with whom a person is in a personal relationship, within the meaning of the Relationships Act 2003 .

4. Associated entities (1) In respect of a director, each of the following persons is an associated entity if the director or a relative of the director has control over the person: (a) a body corporate; (b) a partnership or other unincorporated association of persons; (c) a majority of trustees of a trust. (2) For the purposes of determining whether the director has control over a person referred to in subregulation (1) , the following matters may be taken into account: (a) whether the director or his or her relative is a shareholder in, a director or other officer of or a trustee of that person; (b) whether the director or his or her relative is a beneficiary in the trust of which that person is a trustee; (c) any other matter or relationship that is relevant. (3) For the purposes of determining whether the relative of a director has control over a person referred to in subregulation (1) , the following matters may be taken into account: (a) whether the relative or his or her relative is a shareholder in, a director or other officer of or a trustee of that person; (b) whether the relative or his or her relative is a beneficiary in the trust of which that person is a trustee; (c) any other matter or relationship that is relevant.