{"id":"tas:sr-2008-119","name":"Proclamation under the Commonwealth Powers (De Facto Relationships) Act 2006","slug":"proclamation-under-the-commonwealth-powers-de-facto-relationships-act-2006","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"119 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315535,"registerId":"tas-tas:sr-2008-119-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Commonwealth Powers (De Facto Relationships) Act 2006","content":"> Proclamation under the Commonwealth Powers (De Facto Relationships) Act 2006\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-2006-018#GS2@EN) [Commonwealth Powers (De Facto Relationships) Act 2006](/view/html/inforce/2026-04-12/act-2006-018) fix 8 October 2008 as the day on which that Act commences.\n\n29 September 2008\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nLARA GIDDINGS\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 8 October 2008\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument that performs exactly the function intended — bringing the parent Act into force on a specified date. No scope creep."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No cross-references to other legislation beyond citation of the parent Act","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- The Tasmanian Governor (acting on ministerial advice) officially declared that the *Commonwealth Powers (De Facto Relationships) Act 2006* would **start operating on 8 October 2008**.\n\n**Why this matters:**\n- Laws passed by Parliament don't automatically take effect immediately. They often need a **proclamation** (an official announcement) to specify when they begin.\n- This particular law allowed Tasmania to **refer (hand over) certain powers to the Commonwealth** regarding de facto relationships — enabling federal family law to apply to unmarried couples in Tasmania.\n\n**Who it affects:**\n- Tasmanian couples in de facto relationships, who gained access to federal family law courts for property and maintenance disputes rather than being limited to state courts."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the Act's substantive scope; it simply fixes the day the Act commences in Tasmania under section 2. Any alteration to who or what the Act covers would require amendment to the Act itself."},"complexity_factors":["Very limited substantive content — only fixes a commencement date.","Relies on an external provision (s 2 of the Commonwealth Powers (De Facto Relationships) Act 2006) for authority.","Involves executive/ceremonial decision-making (Governor acting with Executive Council) rather than statutory amendment.","Administrative formalities: Gazette notification and department administration are recorded.","Full legal effect depends on reading the main Act (external dependency increases practical complexity for users)."],"plain_english_summary":"This proclamation brings the Commonwealth Powers (De Facto Relationships) Act 2006 into force in Tasmania on 8 October 2008, fixed by the Governor acting with the advice of the Executive Council under section 2. \n\nIt is an administrative commencement instrument, notified in the Gazette and administered by the Department of Justice; it does not itself amend the Act’s substantive terms."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Proclamation does exactly what the enabling Act (Commonwealth Powers (De Facto Relationships) Act 2006) intended — it sets the commencement date for the referral of legislative power to the Commonwealth. There is no indication of scope change from the original intent."},"complexity_factors":["The document itself is extremely brief — it is a procedural proclamation with minimal substantive content","Understanding its significance requires background knowledge of Australian constitutional law (specifically s.51(xxxvii) referral of powers)","The actual legal effect flows from the parent Act and Commonwealth legislation, not from this document itself","Limited text is available in the provided excerpt, reducing analytical complexity"],"plain_english_summary":"This Proclamation brings into force Tasmania’s referral of power over de facto relationships to the Commonwealth, allowing Tasmanian de facto couples to use the federal Family Law Act for financial and property matters. \n\nEffective 8 October 2008, it affects de facto partners (including same‑sex couples) and family law practitioners by enabling federal courts and rules to govern property division, maintenance and superannuation splitting instead of separate state law."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-commonwealth-powers-de-facto-relationships-act-2006","history":"/api/acts/proclamation-under-the-commonwealth-powers-de-facto-relationships-act-2006/history","analysis":"/api/acts/proclamation-under-the-commonwealth-powers-de-facto-relationships-act-2006/analysis","conflicts":"/api/acts/proclamation-under-the-commonwealth-powers-de-facto-relationships-act-2006/conflicts","importantCases":"/api/acts/proclamation-under-the-commonwealth-powers-de-facto-relationships-act-2006/important-cases","documents":"/api/acts/proclamation-under-the-commonwealth-powers-de-facto-relationships-act-2006/documents"}}