{"id":"tas:sr-2019-088","name":"Proclamation under the Burial and Cremation Act 2019","slug":"proclamation-under-the-burial-and-cremation-act-2019","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"88 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184226,"registerId":"tas-tas:sr-2019-088-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Burial and Cremation Act 2019","content":"> Proclamation under the Burial and Cremation 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 [Burial and Cremation Act 2019](/view/html/inforce/2026-04-12/act-2019-050) fix 25 December 2019 as the day on which the provisions of that Act commence.\n\n20 December 2019\n\nC. WARNER\n\nGovernor\n\nBy Her Excellency's Command,\n\nMARK SHELTON\n\nMinister for Local Government\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 December 2019\n\nThis proclamation is administered in the Department of Premier and Cabinet.","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"A commencement proclamation has an inherently narrow and fixed purpose — to bring legislation into force on a specified date. There is no indication of any scope change from that original intent. The proclamation has remained current and unamended since 25 December 2019."},"complexity_factors":["The document is a commencement proclamation only — it contains no substantive legal provisions of its own","No operative clauses, definitions, or obligations are present in the text provided","The underlying Act (Burial and Cremation Act 2019) may be more complex, but that complexity is not reflected here","The document is purely administrative in nature, serving only to trigger the commencement of the parent Act"],"plain_english_summary":"This proclamation by the Governor of Tasmania simply brings the Burial and Cremation Act 2019 into force from 25 December 2019. It activates the law governing burials, cremations and related funeral activities, affecting funeral directors, crematoriums, cemetery operators, families arranging services, and government regulators. The proclamation is an administrative trigger; the Act contains the substantive rules."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which by definition has a single, narrow purpose: to activate legislation that has already been passed. It has not expanded beyond this original intent."},"complexity_factors":["Single operative provision: only one substantive action (fixing the commencement date)","No defined terms","No cross-references to other legislation except citation of the enabling Act","No conditional logic or exceptions","Standard proclamation format — essentially a template document with blanks filled in"],"plain_english_summary":"This is a formal government notice (called a 'proclamation') that sets the start date for Tasmania's Burial and Cremation Act 2019. \n\n**What it does:**\n- **Fixes the commencement date** — The Act was passed by Parliament earlier in 2019, but laws don't automatically take effect immediately. This document officially declares that the Burial and Cremation Act 2019 will start operating on **25 December 2019**.\n\n**Who it affects:**\n- Anyone in Tasmania dealing with burials, cremations, or management of cemeteries and crematoria from 25 December 2019 onwards.\n- Local councils and funeral service providers who must comply with the new regulatory framework.\n\n**Why it matters:**\n- Without this proclamation, the Act would remain 'on the shelf' — passed but not legally active. This document flips the switch, making the new rules about burial and cremation services legally enforceable in Tasmania."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"A document that has never been amended but asserts currency 'to date' over a six-year span without any visible substantive content creates a logical tension: currency implies ongoing applicability of operative provisions, but no operative provisions are present in the reproduced text to be current.","confidence":0.55,"description":"The document states it is 'current from 25 December 2019 to date (accessed 5 April 2026 at 17:01)' while simultaneously stating 'File last modified 25 December 2019'. If the file has never been modified since 2019, the rolling 'to date' currency claim is misleading but also raises the question of whether a proclamation with no substantive operative provisions, definitions, or commencement clauses visible in the text can be said to have any legal currency at all."},{"type":"impossible_compliance","section":"Entire document structure","severity":"high","reasoning":"A proclamation is a legal instrument designed to give effect to something (e.g., bring an Act or provisions into force on a specified date). The reproduced text contains only metadata, navigation headers, status information, and repeated duplicate headings. There is no substantive legal content. Any attempt to rely on, comply with, or enforce this instrument would be logically impossible as there is nothing to rely on, comply with, or enforce.","confidence":0.82,"description":"The document is a Proclamation under the Burial and Cremation Act 2019, but contains no operative proclamation text whatsoever — no commencement date is proclaimed, no provisions are brought into force, and no subject matter is addressed. A proclamation with no operative content cannot logically fulfil the function of a proclamation."},{"type":"circular_definition","section":"All headings throughout document","severity":"low","reasoning":"Each heading section points back to an identical heading, creating a circular documentary structure with no resolvable operative content. While this is almost certainly a technical rendering error rather than a deliberate drafting choice, as reproduced the document is logically incoherent as a legal instrument.","confidence":0.75,"description":"Every heading in the document is duplicated verbatim (e.g., 'Proclamation under the Burial and Cremation Act 2019' appears four times as a heading; 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation', etc.). This structural duplication, while likely a rendering artefact, means the document as reproduced is internally self-referential without adding content, creating a document that references only itself."},{"type":"self_contradicting","section":"Table of Amending Instruments","severity":"low","reasoning":"The coexistence of (a) a 'Table of Amending Instruments' section suggesting amendments may exist and (b) 'File last modified 25 December 2019' suggesting no changes have ever been made creates a minor logical contradiction within the status metadata itself.","confidence":0.5,"description":"The document references a 'Table of Amendments' via a hyperlink, implying the proclamation has been amended. However, the file is stated to have been last modified on 25 December 2019 and no amendments appear in the reproduced text. If amendments exist, the base instrument should reflect them; if none exist, referencing an amendments table is misleading."}],"contradictions":[{"severity":"low","section_a":"Currency of version: 'current from 25 December 2019 to date (accessed 5 April 2026 at 17:01)'","section_b":"Authorisation: 'File last modified 25 December 2019'","confidence":0.6,"description":"The currency statement asserts the document is the current version as of April 2026, implying it reflects all updates to that date. The authorisation statement asserts the file has never been modified since December 2019. These two claims are not necessarily irreconcilable (an unamended instrument is still current), but together with the Table of Amending Instruments reference, they create a contradictory picture of whether the instrument has ever been changed."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope or content of the Burial and Cremation Act 2019; it only fixes the commencement date under section 2. Any change to who is covered, what obligations apply, or who pays must be assessed from the Act itself rather than this proclamation."},"complexity_factors":["Single operative action: fixes a commencement date rather than creating substantive rules (low legislative complexity).","Relies on the substantive Burial and Cremation Act 2019 for legal effects — understanding full impact requires reading that Act (dependency on another instrument).","Formal publication steps noted (Governor's signature, Executive Council advice, Gazette notification), but these are procedural rather than interpretive.","No new regulatory duties or exemptions set out in the proclamation itself, limiting analytical depth."],"plain_english_summary":"This proclamation, made under section 2 of the Burial and Cremation Act 2019, fixes 25 December 2019 as the day the Act’s provisions commence. From that date the Act becomes legally operative (proclaimed by the Governor with the advice of the Executive Council).\n\nThe proclamation does not itself change the Act’s content or allocate specific costs; any duties, costs or regulatory effects fall on the persons and bodies covered by the Act once it commences (see s.2 and Gazette notice)."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-burial-and-cremation-act-2019","history":"/api/acts/proclamation-under-the-burial-and-cremation-act-2019/history","analysis":"/api/acts/proclamation-under-the-burial-and-cremation-act-2019/analysis","conflicts":"/api/acts/proclamation-under-the-burial-and-cremation-act-2019/conflicts","importantCases":"/api/acts/proclamation-under-the-burial-and-cremation-act-2019/important-cases","documents":"/api/acts/proclamation-under-the-burial-and-cremation-act-2019/documents"}}