{"id":"tas:sr-2020-076","name":"Proclamation under the Building and Construction (Regulatory Reform Amendments) Act 2020","slug":"proclamation-under-the-building-and-construction-regulatory-reform-amendments-act-2020","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"76 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182706,"registerId":"tas-tas:sr-2020-076-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Building and Construction (Regulatory Reform Amendments) Act 2020","content":"> Proclamation under the Building and Construction (Regulatory Reform Amendments) Act 2020\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 [Building and Construction (Regulatory Reform Amendments) Act 2020](/view/html/inforce/2026-04-12/act-2020-016) fix 30 November 2020 as the day on which the provisions of that Act commence.\n\n19 November 2020\n\nC. WARNER\n\nGovernor\n\nBy Her Excellency's Command,\n\nMICHAEL DARREL JOSEPH FERGUSON\n\nMinister for State Growth\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 25 November 2020\n\nThis proclamation is administered in the Department of State Growth.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the Act’s substantive content or policy scope; it only sets the day on which the Act’s provisions commence (under s.2). It changes timing, not scope or legal obligations created by the underlying Act."},"complexity_factors":["Instrument form: a short proclamation with a single legal effect (fixing a commencement date) — low doctrinal complexity.","Reference to enabling provision: invokes section 2 of the Act to commence provisions (simple statutory linkage).","Administrative steps: requires Gazette notification and assignment to Department of State Growth for administration (minor administrative coordination).","Limited discretion: decision already made (date fixed); no ongoing delegated rule‑making or detailed regulatory prescriptions.","Stakeholder impact: affects regulated parties (builders, contractors, regulators) only by activating existing statutory obligations — compliance burden depends on underlying Act, not this proclamation."],"plain_english_summary":"Sets the commencement date for the Building and Construction (Regulatory Reform Amendments) Act 2020: the Act’s provisions start on 30 November 2020. It was proclaimed by the Governor on Executive Council advice, is administered by the Department of State Growth, and was notified in the Gazette. The proclamation makes builders, contractors and regulators subject to the Act’s requirements from that date."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation that has never been amended but is described as 'current to date' with a live link to amending instruments creates a minor logical tension: the currency statement implies dynamic legislative activity, while the modification date confirms complete stasis over approximately 5.5 years.","confidence":0.55,"description":"The document states it is 'current from 25 November 2020 to date (accessed 5 April 2026 at 16:24)' but the file was 'last modified 25 November 2020'. If no amendments have been made since commencement, the Table of Amending Instruments link is effectively a dead reference, yet the currency statement implies ongoing validity requiring active maintenance."},{"type":"other","section":"Status Information - Update undertaking","severity":"low","reasoning":"The 3-working-day update commitment is an operational promise embedded in a static document. There is no mechanism within the document itself to confirm compliance with that promise, creating a logical gap between the assurance given and the reader's ability to rely on it.","confidence":0.5,"description":"The document states legislation is 'usually updated within 3 working days after a change to the legislation', yet the file has not been modified since 25 November 2020. If any change occurred and the 3-day obligation was not met, the currency statement itself would be false at the moment of access — making the reliability guarantee self-undermining and unverifiable by the reader."},{"type":"impossible_compliance","section":"Document structure - Wholesale duplication of headings and content","severity":"high","reasoning":"A proclamation is a legal instrument that must contain operative words bringing identified provisions into force on a specified date. This document contains only metadata and status information, duplicated verbatim. There is no enacting clause, no commencement date declared, and no provisions identified. Any legal effect claimed by this instrument cannot be derived from its text, making compliance with or reliance upon it logically impossible from the face of the document.","confidence":0.85,"description":"Every heading and substantive section in the document appears at least twice in identical form (e.g., 'Authorisation Authorisation', 'Currency of version Currency of version', 'Status Information Status Information'). The document is entirely self-duplicating, meaning it formally contains no operative proclamation text whatsoever — a proclamation that proclaims nothing."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version: 'Version current from 25 November 2020 to date (accessed 5 April 2026 at 16:24)'","section_b":"Authorisation: 'File last modified 25 November 2020'","confidence":0.6,"description":"The currency statement implies the document has been actively maintained and remains current as a living instrument through to April 2026, while the modification date confirms the file has been entirely static since its initial publication. These two statements are not strictly contradictory but are in logical tension: a document unchanged for over 5 years cannot have been 'updated within 3 working days' of any post-commencement legislative changes, unless no such changes occurred — which the presence of a live Table of Amending Instruments link implicitly contradicts."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A commencement proclamation is a purely procedural instrument — it activates the parent Act as intended by the legislature. There is no indication of any scope change from the original legislative intent of the Building and Construction (Regulatory Reform Amendments) Act 2020."},"complexity_factors":["The document itself is a short procedural proclamation with minimal substantive content — its legal effect is narrow and mechanical (commencing a date).","Complexity is understated because the actual regulatory changes are contained in the parent Act, not this instrument.","Minimal text is available in the provided extract, limiting deeper analysis.","No amending instruments or transitional provisions are visible in the extract to complicate interpretation."],"plain_english_summary":"This Proclamation formally brings the Building and Construction (Regulatory Reform Amendments) Act 2020 into force in Tasmania on 25 November 2020.  \n\nIt matters to anyone in the Tasmanian building and construction sector — practitioners, regulators, developers and homeowners — because it is the legal trigger that makes the Act's regulatory changes enforceable."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument with no substantive scope. It performs exactly the limited function it was designed for: bringing the parent Act into force on a specified date."},"complexity_factors":["Single operative provision: fixes one commencement date","No defined terms","No cross-references to other legislation (except citation of the parent Act)","No conditional logic or exceptions","Standard proclamation format — essentially a template document"],"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 **30 November 2020** as the date when the *Building and Construction (Regulatory Reform Amendments) Act 2020* (Tasmania) starts operating.\n\n**Who it affects:**\n- Anyone involved in building and construction in Tasmania, as the underlying Act makes changes to building regulations.\n- Government agencies responsible for administering those laws.\n\n**Why it matters:**\n- Laws passed by Parliament don't always start immediately. This proclamation officially \"switches on\" the Act, telling everyone exactly when the new rules apply.\n- Without this document, the Act would remain inactive (in legal terms, \"uncommenced\").\n\n**Key detail:**\n- The Governor of Tasmania issued this on 19 November 2020, with the Minister for State Growth's approval, giving about 11 days' notice before the law took effect."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-building-and-construction-regulatory-reform-amendments-act-2020","history":"/api/acts/proclamation-under-the-building-and-construction-regulatory-reform-amendments-act-2020/history","analysis":"/api/acts/proclamation-under-the-building-and-construction-regulatory-reform-amendments-act-2020/analysis","conflicts":"/api/acts/proclamation-under-the-building-and-construction-regulatory-reform-amendments-act-2020/conflicts","importantCases":"/api/acts/proclamation-under-the-building-and-construction-regulatory-reform-amendments-act-2020/important-cases","documents":"/api/acts/proclamation-under-the-building-and-construction-regulatory-reform-amendments-act-2020/documents"}}