{"id":"tas:sr-2012-078","name":"Proclamation under the Commercial Arbitration (Consequential Amendments) Act 2011","slug":"proclamation-under-the-commercial-arbitration-consequential-amendments-act-2011","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"78 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314373,"registerId":"tas-tas:sr-2012-078-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Commercial Arbitration (Consequential Amendments) Act 2011","content":"> Proclamation under the Commercial Arbitration (Consequential Amendments) Act 2011\n\nI, the Administrator 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-2011-009#GS2@EN) [Commercial Arbitration (Consequential Amendments) Act 2011](/view/html/inforce/2026-04-12/act-2011-009) fix 1 October 2012 as the day on which that Act commences.\n\n17 September 2012\n\nP. E. EVANS\n\nAdministrator\n\nBy His Excellency's Command,\n\nBRIAN WIGHTMAN\n\nMinister for Justice\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 26 September 2012\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Proclamation performs a narrow, defined function — activating the Commercial Arbitration (Consequential Amendments) Act 2011. There is no indication that its scope changed from its original intent, which was simply to set a commencement date for that Act."},"complexity_factors":["Minimal substantive content — the document is a commencement proclamation, not a substantive law","Requires background knowledge of the broader national commercial arbitration law reform to understand context","Short and formulaic in structure, leaving little to interpret","The actual legal changes were made in the parent Act, not this instrument"],"plain_english_summary":"This Proclamation, made under the Commercial Arbitration (Consequential Amendments) Act 2011, sets the Act’s commencement date—officially bringing Tasmania’s updated commercial arbitration rules into force on 26 September 2012. It is an administrative trigger rather than a new policy.\n\nIt affects businesses, lawyers, arbitrators and parties in ongoing disputes who need to know which arbitration rules applied from that date."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the content, coverage, or legal effect of the Commercial Arbitration (Consequential Amendments) Act 2011; it solely brings the Act into force on the specified date."},"complexity_factors":["Single, discrete administrative act: fixes a commencement date only","No substantive amendment to underlying legislation contained in the proclamation","Relies on authority in section 2 of the referenced Act to determine commencement power","Standard procedural steps required: Executive Council advice, proclamation, Gazette notification","Practical complexity depends entirely on the underlying Act, not the proclamation"],"plain_english_summary":"This proclamation fixes the day the Commercial Arbitration (Consequential Amendments) Act 2011 begins in Tasmania: 1 October 2012. It is made by the Administrator acting with the advice of the Executive Council and was notified in the Gazette. Mechanically, the proclamation does not change the Act’s substance or create fees; it only brings the Act into operation so that affected parties become subject to its provisions from that date. The decision to commence is administrative; compliance burden and implementation risks arise from the Act itself, not this proclamation."},"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 function intended: 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 substantive law (only cites the empowering section)","No conditional logic or exceptions","Standard proclamation format — essentially a template with blanks filled in"],"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 October 2012** as the date when the *Commercial Arbitration (Consequential Amendments) Act 2011* starts operating in **Tasmania**.\n\n**Who it affects:**\n- Anyone involved in commercial arbitration disputes in Tasmania, as the underlying Act updates how businesses resolve disputes outside of court.\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically take effect immediately. This proclamation officially \"switches on\" the 2011 Act, allowing its changes to Tasmania's commercial arbitration rules to apply from that date.\n\n**Key point:** This document itself doesn't change any substantive rules — it simply triggers the legal mechanism (section 2 of the parent Act) that makes the actual law operational."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"medium","reasoning":"A document claiming to be current up to a 2026 access date but last modified in 2018 creates an internal tension: either changes occurred after 2018 that are unrecorded, or the 'to date' currency claim is hollow. The metadata undermines the currency assurance the status information is meant to provide.","confidence":0.62,"description":"The document states it is 'current from 26 September 2012 to date (accessed 8 April 2026 at 1:29)' while simultaneously stating 'File last modified 13 August 2018'. If the file was last modified in 2018 and the access date is 2026, the claim of currency 'to date' cannot be verified by the modification timestamp, rendering the currency declaration potentially misleading."},{"type":"impossible_compliance","section":"Status Information - Currency of version","severity":"medium","reasoning":"Legal practitioners and parties relying on the document for compliance purposes cannot know whether they are within the 'usually' window of accuracy. The hedge is incompatible with the certainty required of authoritative legal publication.","confidence":0.71,"description":"The statement 'Legislation on this site is usually updated within 3 working days after a change to the legislation' is a probabilistic hedge ('usually') embedded in a formal legal currency declaration. A proclamation of legal currency qualified by 'usually' creates an indeterminate period during which the published version may not reflect operative law, yet users are given no mechanism to determine whether they are in such a gap period."},{"type":"other","section":"Document Structure - Headings","severity":"low","reasoning":"While likely a rendering artifact, the duplication and truncation of headings (e.g., 'Commerc' instead of 'Commercial') in a formally published statutory instrument creates ambiguity about document integrity and authenticity.","confidence":0.55,"description":"The proclamation document contains systematically duplicated headings throughout (e.g., 'Proclamation under the Commerc Proclamation under the Commercial Arbitration (Consequential Amendments) Act 2011', 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). A legal instrument whose own text is internally repeated and partially truncated raises questions about which version constitutes the authoritative text."}],"contradictions":[{"severity":"medium","section_a":"Status Information - Currency of version: 'Version current from 26 September 2012 to date (accessed 8 April 2026 at 1:29)'","section_b":"Status Information - Authorisation: 'File last modified 13 August 2018'","confidence":0.67,"description":"The document asserts ongoing currency up to April 2026, but the file modification date of August 2018 contradicts any claim that the document has been actively maintained or updated in the intervening ~8 years. These two statements cannot both be fully true: either the document has been updated since 2018 (in which case the modification date is wrong) or it has not (in which case the currency claim 'to date' is questionable for a period spanning nearly a decade without recorded amendment)."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-commercial-arbitration-consequential-amendments-act-2011","history":"/api/acts/proclamation-under-the-commercial-arbitration-consequential-amendments-act-2011/history","analysis":"/api/acts/proclamation-under-the-commercial-arbitration-consequential-amendments-act-2011/analysis","conflicts":"/api/acts/proclamation-under-the-commercial-arbitration-consequential-amendments-act-2011/conflicts","importantCases":"/api/acts/proclamation-under-the-commercial-arbitration-consequential-amendments-act-2011/important-cases","documents":"/api/acts/proclamation-under-the-commercial-arbitration-consequential-amendments-act-2011/documents"}}