{"id":"tas:sr-2020-077","name":"Proclamation under the Building and Construction (Regulatory Reform Amendments) Act (No. 2) 2020","slug":"proclamation-under-the-building-and-construction-regulatory-reform-amendments-act-no-2-2020","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"77 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182708,"registerId":"tas-tas:sr-2020-077-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 (No. 2) 2020","content":"> Proclamation under the Building and Construction (Regulatory Reform Amendments) Act (No. 2) 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 (No. 2) 2020](/view/html/inforce/2026-04-12/act-2020-031) 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":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A Table of Amending Instruments exists, implying amendments are possible or expected, yet the file modification date has never changed from the original commencement date. Either the table is empty and therefore misleading in its inclusion, or amendments exist that are not reflected in the modification date, undermining the reliability of the currency statement.","confidence":0.55,"description":"The legislation states it is 'current from 25 November 2020 to date (accessed 5 April 2026 at 16:24)' yet the file was last modified on 25 November 2020, implying no amendments have occurred in over five years despite the existence of a 'Table of Amending Instruments'."},{"type":"impossible_compliance","section":"Status Information - Currency of version","severity":"high","reasoning":"A proclamation is a legal instrument designed to bring legislation into force or declare specific matters. The entire body of the document as presented consists solely of metadata, status information, and navigational headers repeated multiple times. There are no operative clauses, commencement dates declared, or substantive provisions. This makes compliance with, or reliance upon, the instrument logically impossible as there is nothing to comply with or rely upon.","confidence":0.72,"description":"The proclamation instrument itself contains no substantive operative provisions in the text provided. A proclamation with no discernible operative content cannot logically achieve its stated purpose of enacting regulatory reform amendments."},{"type":"other","section":"Document structure - all sections","severity":"medium","reasoning":"Legal instruments must be unambiguous and clearly structured. Wholesale duplication of all headings and content sections creates genuine interpretive uncertainty about which instance of any given provision is authoritative. While likely a rendering or publication error, as a matter of legal logic the document is self-undermining in its authority.","confidence":0.85,"description":"Every heading and section in the document is duplicated verbatim, with some appearing three or four times (e.g., 'Currency of version' appears four times as a heading). This structural absurdity means the instrument cannot be coherently interpreted as a single, authoritative legal text."}],"contradictions":[{"severity":"low","section_a":"Status Information - Table of Amending Instruments (reference to amendments)","section_b":"Authorisation - File last modified 25 November 2020","confidence":0.6,"description":"The instrument provides a clickable 'Table of Amending Instruments' link, implying the proclamation has been or may be amended, while the file modification date of 25 November 2020 — identical to the commencement date — suggests the instrument has never been altered."},{"severity":"low","section_a":"Currency of version: 'usually updated within 3 working days after a change'","section_b":"File last modified 25 November 2020 (unchanged across 5+ years to April 2026)","confidence":0.5,"description":"The site's own policy states legislation is usually updated within 3 working days of a change, yet the file has not been updated since 25 November 2020 across a period of over five years. Either the update policy has been consistently breached or the instrument has genuinely never changed, rendering the Table of Amending Instruments reference superfluous and potentially misleading."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope or content of the Act; it only sets the date the Act's provisions commence (authority: section 2 of the Act). Any change in rights, duties, penalties or regulatory coverage depends on the Act itself, not this proclamation. Implementation timing and administrative responsibility are established here, but substantive legal effects require reference to the underlying Act."},"complexity_factors":["Instrument is a single-purpose commencement proclamation with minimal text","Relies entirely on the separate Act for substantive legal effects (reader must consult the Act for details)","Uses a statutory power (section 2) to fix commencement — legal formality rather than substantive amendment","Administrative details (Governor, Executive Council, Minister, Gazette notice, administering department) are procedural but legally necessary","No transitional, phased commencement, or savings provisions included here (simplicity reduces complexity)"],"plain_english_summary":"This proclamation uses section 2 of the Building and Construction (Regulatory Reform Amendments) Act (No. 2) 2020 to fix 30 November 2020 as the day the Act's provisions begin to operate. It makes the Act legally effective from that date, so people and businesses covered by the Act (builders, contractors, regulators and others in the Tasmanian construction sector) must comply with the Act from 30 November 2020. The Governor, on Executive Council advice, set the date; the Department of State Growth administers the proclamation."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement proclamation performing exactly its intended function — bringing an Act into force on a specified date. The scope has not expanded beyond this single, narrow purpose."},"complexity_factors":["Single operative provision (fixing a 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 with ceremonial language only"],"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 (No. 2) 2020* starts operating.\n\n**Why this matters:**\n- Laws passed by Parliament don't always take effect immediately. This proclamation officially \"switches on\" the Act so its rules become legally enforceable.\n- Without this document, the Act would remain inactive even though it was passed.\n\n**Who is involved:**\n- The **Governor of Tasmania** (acting on ministerial advice) issued the proclamation.\n- The **Minister for State Growth** (Michael Ferguson) provided that advice.\n- The **Department of State Growth** administers (manages) this proclamation.\n\n**Key detail:**\n- The proclamation was made on 19 November 2020, published in the *Gazette* on 25 November 2020, and the law itself started on 30 November 2020."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation by nature has a fixed and narrow scope — to commence legislation on a specified date. There is no indication of scope change from the original intent. It does exactly what a commencement proclamation is designed to do."},"complexity_factors":["The document is purely procedural — it activates another Act rather than containing substantive legal rules itself","Very limited content is visible in the provided text; the underlying parent Act's reforms are not reproduced here","Standard form of Tasmanian subordinate legislation (statutory rule) with no unusual structural complexity","No definitions, schedules, or technical provisions to interpret"],"plain_english_summary":"This Proclamation is the formal notice that the Building and Construction (Regulatory Reform Amendments) Act (No. 2) 2020 came into force in Tasmania on 25 November 2020. It doesn’t change the Act’s substance — it simply activates those regulatory reforms, affecting builders, developers, certifiers, homeowners and others with building‑law obligations from that date."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-building-and-construction-regulatory-reform-amendments-act-no-2-2020","history":"/api/acts/proclamation-under-the-building-and-construction-regulatory-reform-amendments-act-no-2-2020/history","analysis":"/api/acts/proclamation-under-the-building-and-construction-regulatory-reform-amendments-act-no-2-2020/analysis","conflicts":"/api/acts/proclamation-under-the-building-and-construction-regulatory-reform-amendments-act-no-2-2020/conflicts","importantCases":"/api/acts/proclamation-under-the-building-and-construction-regulatory-reform-amendments-act-no-2-2020/important-cases","documents":"/api/acts/proclamation-under-the-building-and-construction-regulatory-reform-amendments-act-no-2-2020/documents"}}