{"id":"tas:sr-2010-138","name":"Proclamation under the Australian Consumer Law (Tasmania) Act 2010","slug":"proclamation-under-the-australian-consumer-law-tasmania-act-2010","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"138 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314785,"registerId":"tas-tas:sr-2010-138-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Australian Consumer Law (Tasmania) Act 2010","content":"> Proclamation under the Australian Consumer Law (Tasmania) Act 2010\n\nI, 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, by this my proclamation made under [section 2](/view/html/inforce/2026-04-12/act-2010-040#GS2@EN) of the [Australian Consumer Law (Tasmania) Act 2010](/view/html/inforce/2026-04-12/act-2010-040) fix 1 January 2011 as the day on which the provisions of that Act, apart from [sections 1](/view/html/inforce/2026-04-12/act-2010-040#GS1@EN) and [2](/view/html/inforce/2026-04-12/act-2010-040#GS2@EN) and [Parts 6](/view/html/inforce/2026-04-12/act-2010-040#HP6@EN) and [7](/view/html/inforce/2026-04-12/act-2010-040#HP7@EN) , commence.\n\n17 December 2010\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nNICK McKIM\n\nMinister for Corrections and Consumer Protection\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 29 December 2010\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Proclamation does exactly what a proclamation is designed to do — it commences the parent Act. There is no evidence of scope change from the original intent. It has remained in force unchanged since 29 December 2010."},"complexity_factors":["Purely procedural instrument with no substantive legal content of its own","Very short document — no operative provisions to interpret","Requires background knowledge of the broader Australian Consumer Law framework to understand its purpose","Repeated duplicate headings in the source document create minor confusion but do not add legal complexity"],"plain_english_summary":"This Proclamation formally brings the Australian Consumer Law (Tasmania) Act 2010 into force in Tasmania, declaring the date from which the national consumer law applies (29 December 2010). It affects Tasmanian consumers, businesses selling to them, and regulators, and matters because it activates the national consumer protections — guarantees, fair‑trading rules and product safety — across the state."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement proclamation performing exactly the function intended — bringing an Act into force on a specified date with standard exclusions for provisions already in force or deferred. No scope creep."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No cross-references to other legislation beyond citation of the parent Act","No conditional logic or exceptions beyond the explicit exclusion of specific sections and Parts","Standard proclamation format — essentially a template document","Total length: approximately 150 words of substantive content"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into effect.\n\n**What it does:**\n- Sets **1 January 2011** as the date when the *Australian Consumer Law (Tasmania) Act 2010* officially starts operating.\n- **Exceptions:** Sections 1 and 2 (the short title and definitions) and Parts 6 and 7 of the Act **do not** start on this date — they began earlier or will begin later.\n\n**Who made it:**\n- The **Governor of Tasmania** (Peter G. Underwood), acting on advice from the **Executive Council** (the Premier and senior ministers).\n- Signed off by the **Minister for Consumer Protection** (Nick McKim).\n\n**Why it matters:**\nLaws passed by Parliament don't automatically take effect immediately. This proclamation is the legal trigger that tells everyone — businesses, consumers, and courts — when the new consumer protection rules actually apply. Without this document, the Act would just sit on the shelf unenforced.\n\n**In short:** This is the 'go live' date announcement for Tasmania's version of the national consumer protection law."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A document cannot credibly assert currency to a date beyond its last modification without some automated update mechanism. The static 'last modified' date of 2018 conflicts with the dynamic 'to date' currency claim extending to 2026, creating an internal tension about the document's actual reliability and freshness.","confidence":0.55,"description":"The proclamation states it is 'current from 29 December 2010 to date (accessed 8 April 2026 at 1:36)' yet the file was last modified on 25 July 2018. If the file has not been modified since 2018, the claim that it is current 'to date' in 2026 is unverifiable and potentially misleading."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The 3-working-day update commitment is a procedural guarantee. If amendments have occurred but the file reflects only a 2018 modification date, the commitment is being breached. If no amendments have occurred, the presence of an 'Amending Instruments' table link is misleading. Either way, the document is internally inconsistent.","confidence":0.5,"description":"The status section states legislation is 'usually updated within 3 working days after a change to the legislation' but the file was last modified 25 July 2018, despite the Table of Amending Instruments link suggesting amendments may exist. This creates an unresolvable gap: either no amendments have occurred in nearly 8 years (implausible for a major consumer law proclamation) or the update promise has not been fulfilled."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version ('current from 29 December 2010 to date')","section_b":"Authorisation ('File last modified 25 July 2018')","confidence":0.6,"description":"The document simultaneously claims to be current up to the access date of 8 April 2026, yet the authorisation metadata confirms the file was last modified on 25 July 2018 — nearly 8 years before the claimed currency date. These two assertions are in direct tension: a static file cannot be dynamically current."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the Act’s substantive scope or content. It only fixes the commencement date (1 January 2011) for the Act generally while leaving sections 1 and 2 and Parts 6 and 7 uncommenced, as authorised by section 2 of the Act."},"complexity_factors":["Narrow legal action: purely a commencement proclamation, not a substantive amendment.","Cross-reference to the Act's section 2 as the authorising power (requires locating that provision).","Partial commencement: specific exclusions (sections 1 and 2 and Parts 6 and 7) add a small administrative parsing task.","Formal executive process: issued by the Governor with Executive Council advice (ceremonial formality).","Administrative implementation: enforcement responsibility noted (Department of Justice), so agencies must prepare operations and compliance guidance."],"plain_english_summary":"This proclamation, made by the Governor under section 2 of the Australian Consumer Law (Tasmania) Act 2010, fixes 1 January 2011 as the date the Act begins to operate in Tasmania, except that sections 1 and 2 and Parts 6 and 7 do not commence. Mechanically, it brings the Act’s consumer‑protection duties and enforcement powers into force for Tasmanian businesses and consumers from that date, while leaving specified provisions on hold and requiring regulators to implement and enforce the new obligations."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-australian-consumer-law-tasmania-act-2010","history":"/api/acts/proclamation-under-the-australian-consumer-law-tasmania-act-2010/history","analysis":"/api/acts/proclamation-under-the-australian-consumer-law-tasmania-act-2010/analysis","conflicts":"/api/acts/proclamation-under-the-australian-consumer-law-tasmania-act-2010/conflicts","importantCases":"/api/acts/proclamation-under-the-australian-consumer-law-tasmania-act-2010/important-cases","documents":"/api/acts/proclamation-under-the-australian-consumer-law-tasmania-act-2010/documents"}}