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Government Guarantee
Tasmania is a member of the Federation of six States and two Territories which comprise the Commonwealth of Australia.
Since Federation, government in Tasmania has been exercised at three levels:
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the Federal (Commonwealth) Government with authority based on the Australian Constitution and centred in Canberra; |
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the State Government, with residual powers and centred in Hobart; and |
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local government for the six cities & 23 municipalities, with authority derived from Acts of the State Parliament. |
Tasmania follows the Westminster style of government, having power formally vested in a Governor and Parliament. Executive is determined by the ministers in Cabinet meeting under the chairmanship of the Premier.
Having regard to the above, all of TASCORP's borrowings are guaranteed by the sovereign State of Tasmania through section 15(1) of the Tasmanian Public Finance Corporation Act 1985 which states:
"Liabilities
incurred or assumed by the
Corporation in pursuance of this
Act are guaranteed by the State,
and any liability of the Crown
arising by virtue of this
subsection shall be a charge on
the Consolidated Fund, and shall
be payable out of the
Consolidated Fund without
further appropriation than this
section."
From
23 May 1995 and beyond by reason
of an amendment to the Tasmanian
Public Finance Corporation Act
1985, the Corporation is no
longer a prescribed authority
for the purposes of the Public
Authorities (Overseas Borrowing)
Act 1979.
Outstanding overseas borrowings
prior to 22 May 1995 continue to
benefit from the Public
Authorities (Overseas Borrowing)
Act for the full program term up
to the aggregate approval limit
of the authorised borrowings at
any one time. Accordingly, the
guarantee for these borrowings
is provided under section 7 of
the Public Authorities (Overseas
Borrowing) Act, which states:
"Where any loan to which this
Act applies is made to a
prescribed public authority, the
due payment of any amount
payable by the authority to the
lender in respect of the loan is
a charge on the income and
revenue of the authority from
whatever source arising and is
guaranteed by the Treasurer,
and, where any agreement to
which the Treasurer is a party
specifies any terms or
conditions on any subject to
which the due payment of those
amounts is so guaranteed, the
due payment of those amounts is
so guaranteed on or subject to
those terms and conditions."
For all overseas borrowings
since 23 May 1995, the guarantee available under Section 15(1) of the Tasmanian Public Finance Corporation Act 1985 is applicable and remains in force.
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