{"id":"tas:sr-2025-050","name":"Proclamation under the Biosecurity Act 2019","slug":"proclamation-under-the-biosecurity-act-2019","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"50 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174379,"registerId":"tas-sr-2025-050-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Biosecurity Act 2019","content":"> Proclamation under the Biosecurity Act 2019\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 of the](/view/html/inforce/2026-04-12/act-2019-022#GS2@EN) [Biosecurity Act 2019](/view/html/inforce/2026-04-12/act-2019-022) fix 31 October 2025 as the day on which the remaining provisions of that Act commence.\n\n21 October 2025\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nG. B. PEARCE\n\nMinister for Primary Industries and Water\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 October 2025\n\nThis proclamation is administered in the Department of Natural Resources and Environment Tasmania.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a straightforward commencement proclamation performing exactly the function intended — bringing remaining provisions of the Biosecurity Act 2019 into operation. There is no expansion of scope beyond the original purpose of the parent Act."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No conditional logic or exceptions","No cross-references to other legislation beyond citation of the parent Act","Standard formal proclamation format following long-established conventions"],"plain_english_summary":"This is a formal announcement (called a 'proclamation') that sets **31 October 2025** as the date when the rest of the Biosecurity Act 2019 finally comes into force in Tasmania.\n\n**What this means:**\n- **The Biosecurity Act 2019** is a law designed to protect Tasmania from pests, diseases, and other biological threats that could harm agriculture, the environment, or public health.\n- **Why this matters:** Laws often don't start immediately. Parliament passes them, but the government decides when they actually take effect. This proclamation is that 'start date' announcement for the remaining parts of the Act.\n- **Who made it:** The Governor of Tasmania (the Queen's representative in the state), acting on advice from the state government.\n- **Who it affects:** Anyone in Tasmania dealing with plants, animals, or biological materials — farmers, importers, researchers, and the general public — will now need to follow the full requirements of this Act from 31 October 2025 onwards."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the legal scope or content of the Biosecurity Act 2019; it only fixes the date (31 October 2025) on which the Act's remaining provisions commence under the authority of section 2. Administrative responsibility is assigned to the Department of Natural Resources and Environment Tasmania."},"complexity_factors":["Single, clear legal effect: sets a commencement date for remaining provisions.","Reference to empowering provision (section 2 of the Biosecurity Act 2019) — straightforward statutory exercise.","Low discretion: date is fixed, no conditional triggers or delegated rule-making.","Administrative details only (notification in Gazette; administering department).","Limited cross-references and no substantive regulatory text within the proclamation."],"plain_english_summary":"This proclamation fixes 31 October 2025 as the day the remaining provisions of the Biosecurity Act 2019 come into force in Tasmania. It affects people and businesses subject to that Act by making its outstanding legal obligations, powers and rules operative on that date; the Governor (with Executive Council advice) set the date and the Department of Natural Resources and Environment Tasmania will administer it."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient substantive content is available in the provided text to assess whether the scope has changed from the original intent. The document only contains status metadata and administrative information. The existence of amendments (referenced in the Table of Amending Instruments) suggests some evolution, but the nature and extent of any scope change cannot be determined from this excerpt alone."},"complexity_factors":["The document provided is metadata and status information only — the substantive legal content of the proclamation is not reproduced, making full analysis impossible","Proclamations are subordinate instruments (made under a parent Act) and must be read in conjunction with the Biosecurity Act 2019 (Tas), adding an interpretive layer","Biosecurity law itself can be technically complex depending on the subject matter (e.g., specific pest or disease declarations)","The proclamation has been amended at least once (Table of Amendments referenced), meaning the current obligations may differ from the original instrument"],"plain_english_summary":"This Tasmanian government proclamation, made under the Biosecurity Act 2019, activates or records a biosecurity measure within the state's legal framework. It sits within Tasmania’s system for managing pests, diseases and other biological risks.\n\nIt may affect farmers, importers, transporters, landowners and the public by imposing reporting duties, movement restrictions or control obligations — breaches can attract significant penalties. View the full proclamation for precise legal effects."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The currency guarantee ('updated within 3 working days') is rendered vacuous because the instrument contains no operative provisions, definitions, schedules, or substantive biosecurity content whatsoever. A promise of currency for an empty instrument is logically incoherent.","confidence":0.72,"description":"The instrument states it is 'current from 29 October 2025 to date' and was 'accessed 5 April 2026 at 11:40', yet the 'File last modified' date is also 29 October 2025. The legislation promises updates 'usually within 3 working days after a change', but there is no substantive content in the proclamation that could be changed or updated, making this guarantee meaningless in context."},{"type":"impossible_compliance","section":"Entire instrument","severity":"high","reasoning":"Under standard Australian drafting conventions and administrative law principles, a proclamation is a substantive instrument that must declare or effect something specific. An instrument that is entirely devoid of operative content cannot be complied with, enforced, or relied upon by any person or authority. It is impossible to comply with or give effect to nothing.","confidence":0.85,"description":"This purports to be a 'Proclamation under the Biosecurity Act 2019' but contains zero operative provisions, no proclamation text, no declared biosecurity matter, no commencement clause, no interpretation section, and no schedule. A proclamation with no content cannot legally achieve any purpose under the enabling Act."},{"type":"self_contradicting","section":"Title block (repeated)","severity":"medium","reasoning":"If two identical heading blocks both purport to introduce the same instrument, there is no logical mechanism to determine which controls. In the context of a legal instrument, duplication of operative structure without differentiation creates interpretive impossibility.","confidence":0.78,"description":"The title 'Proclamation under the Biosecurity Act 2019' is repeated at least four times verbatim, and the 'Status Information' heading and its subheadings are each duplicated identically. This structural self-duplication suggests the document as presented is either a rendering artefact or a defective instrument, raising questions about which version is authoritative."},{"type":"circular_definition","section":"Responsible Minister and Department","severity":"medium","reasoning":"A proclamation issued by the Governor typically identifies the Minister on whose advice it is made. Outsourcing this identification entirely to a separately administered arrangement order means the instrument's administrative authority is indeterminate on its face, which is logically problematic for an instrument that must have a legally identifiable author and responsible minister.","confidence":0.65,"description":"The instrument directs the reader to 'See the latest Administrative Arrangement Order' to identify the responsible Minister and Department, but provides no fallback identification within the instrument itself. This creates a circular dependency: the instrument delegates its own identification of authority entirely to an external, mutable document, meaning the responsible authority could change without any amendment to this instrument."}],"contradictions":[{"severity":"low","section_a":"Currency of version - 'usually updated within 3 working days after a change'","section_b":"File last modified 29 October 2025 / Version current from 29 October 2025 to date","confidence":0.61,"description":"The instrument asserts both that it is kept current within 3 working days of any change AND that it has not been modified since 29 October 2025, despite being accessed on 5 April 2026 — approximately 5 months later. If any changes had occurred in that period, the 3-working-day update promise would require the 'last modified' date to have changed. The co-existence of these two claims implies either no changes have been made (making the update promise irrelevant) or the update promise has not been honoured."},{"severity":"medium","section_a":"Instrument title: 'Proclamation under the Biosecurity Act 2019'","section_b":"Table of Amending Instruments reference: sr-2025-050","confidence":0.7,"description":"The instrument references a Table of Amending Instruments (implying prior versions exist that have been amended), yet the instrument itself contains no content that could be the subject of amendment. An amending instrument cannot logically amend a null instrument, and a null instrument cannot logically have a history of amendments."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-biosecurity-act-2019","history":"/api/acts/proclamation-under-the-biosecurity-act-2019/history","analysis":"/api/acts/proclamation-under-the-biosecurity-act-2019/analysis","conflicts":"/api/acts/proclamation-under-the-biosecurity-act-2019/conflicts","importantCases":"/api/acts/proclamation-under-the-biosecurity-act-2019/important-cases","documents":"/api/acts/proclamation-under-the-biosecurity-act-2019/documents"}}