{"id":"tas:sr-2017-074","name":"Proclamation under the Community Protection (Offender Reporting) Amendment Act 2016","slug":"proclamation-under-the-community-protection-offender-reporting-amendment-act-2016","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"74 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186097,"registerId":"tas-tas:sr-2017-074-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Community Protection (Offender Reporting) Amendment Act 2016","content":"> Proclamation under the Community Protection (Offender Reporting) Amendment Act 2016\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 [Community Protection (Offender Reporting) Amendment Act 2016](/view/html/inforce/2026-04-12/act-2016-053) fix 29 November 2017 as the day on which that Act commences.\n\n30 October 2017\n\nC. WARNER\n\nGovernor\n\nBy Her Excellency's Command,\n\nM. T. (RENE) HIDDING\n\nMinister for Police, Fire and Emergency Management\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 November 2017\n\nThis proclamation is administered in the Department of Police, Fire and Emergency Management.","sortOrder":0}],"analysis":{"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: activating the parent Act 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 with blanks filled in","Total length: 5 short paragraphs"],"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 **29 November 2017** as the date when the *Community Protection (Offender Reporting) Amendment Act 2016* (Tasmania) starts operating.\n\n**Who it affects:**\n- **Registered sex offenders** in Tasmania — the underlying Act strengthens reporting requirements for people convicted of sexual offences.\n- **Police and corrections staff** who manage the offender reporting scheme.\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically take effect immediately. This proclamation is the \"green light\" that activates the law, giving authorities and affected individuals certainty about when the new rules apply.\n- The 13-month gap between the Act passing (2016) and this proclamation (November 2017) suggests time was needed to prepare systems, train staff, or notify affected persons before the stricter reporting obligations began."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation by definition does not change the scope of the legislation it activates — it simply brings existing provisions into force. There is no evidence of scope drift from the original intent of the 2016 Amendment Act."},"complexity_factors":["The document itself contains minimal substantive legal content — it is a procedural instrument only","The actual legal complexity sits in the parent Act (Community Protection (Offender Reporting) Amendment Act 2016), not this Proclamation","The text provided is heavily duplicated/formatted metadata with little operative content to analyse","No commencement schedules, transitional provisions, or technical definitions are visible in the extracted text"],"plain_english_summary":"This Proclamation activates specified parts of the Community Protection (Offender Reporting) Amendment Act 2016 in Tasmania, bringing those updated offender‑reporting rules into force from 8 November 2017.  \n\nIt affects registered offenders required to report personal details, Tasmania Police who administer the scheme, and the community and victims who rely on the monitoring framework — acting as the administrative “on switch” that makes the 2016 changes legally effective."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope of the Amendment Act; it merely fixes the Act's commencement date as 29 November 2017 under section 2. It therefore activates existing obligations and administrative responsibilities in the Act without altering its content (see: 'fix 29 November 2017 as the day on which that Act commences' and 'made under section 2')."},"complexity_factors":["Single, discrete legal action: fixes a commencement date rather than creating new obligations or definitions.","Clear statutory authority cited: made under section 2 of the Amendment Act (text: 'made under section 2').","Executive formality: Governor acting with advice of the Executive Council — procedural rather than substantive discretion.","Administrative assignment: names the Department of Police, Fire and Emergency Management as administrator, indicating where implementation costs and tasks sit.","Limited compliance impact described: imposes timing for compliance but does not itself detail obligations or enforcement mechanisms.","Low ambiguity: no transitional provisions, savings clauses, or conditional commencements included in the proclamation text."],"plain_english_summary":"This proclamation fixes 29 November 2017 as the commencement date for the Community Protection (Offender Reporting) Amendment Act 2016, made under section 2 by the Governor with the advice of the Executive Council. It affects people who will be subject to any new offender-reporting duties and the agencies that must operate them. From that date those individuals must comply with the Act's requirements and the Department of Police, Fire and Emergency Management is responsible for implementation and administration."},"issue_detection":{"absurdities":[{"type":"other","section":"Title/Header (repeated throughout)","severity":"medium","reasoning":"While this is likely a technical/formatting artefact of the web rendering system rather than a substantive legislative flaw, it raises a legitimate question about the authoritative version of the instrument. If the 'version current' metadata itself is duplicated, there is ambiguity as to which instance constitutes the operative status information. An instrument with structural integrity issues may be challenged on the basis that the authoritative text is unclear.","confidence":0.75,"description":"The document title, headings, and status information sections are duplicated multiple times throughout the instrument. Every major heading appears at least twice, and some appear three or more times, suggesting a serious document rendering or compilation error."},{"type":"other","section":"Currency of version / File last modified","severity":"medium","reasoning":"A proclamation is typically a one-time executive act bringing legislation into force on a specified date. It is not ordinarily amended. A 'last modified' date of 30 April 2024 — nearly seven years after the instrument's commencement — suggests either undisclosed substantive amendments, or that the consolidation process has altered the instrument without a corresponding amending instrument being clearly identified. This creates a transparency and rule-of-law concern: persons seeking to rely on the instrument cannot be certain they are reading the original operative text.","confidence":0.65,"description":"The instrument is described as 'version current from 8 November 2017 to date (accessed 5 April 2026 at 17:39)' yet the file is stated to have been 'last modified 30 April 2024'. A proclamation of this nature should be a static instrument once made; modifications to a proclamation after the fact raise questions about what was changed and whether those changes were authorised by a further instrument or are merely administrative."},{"type":"impossible_compliance","section":"Substantive content (entirely absent)","severity":"high","reasoning":"Without an operative commencement clause, the proclamation cannot perform its legal function. Persons, courts, and administrators cannot determine which provisions of the Community Protection (Offender Reporting) Amendment Act 2016 are in force, or from what date. If the operative text has simply been omitted from this reproduction, that omission itself constitutes a serious failure of the consolidated legislation system, given the site's representation that legislation is 'usually updated within 3 working days'. Either way — whether the instrument genuinely lacks operative text or the text has been lost in consolidation — the result is an instrument that cannot be complied with or applied.","confidence":0.85,"description":"The instrument contains no operative provisions whatsoever. A proclamation under an Amendment Act must, at minimum, specify the date or dates on which provisions of the Amendment Act are to commence. No such date, schedule reference, or operative clause appears anywhere in the reproduced text."}],"contradictions":[{"severity":"medium","section_a":"Currency of version — 'version current from 8 November 2017 to date'","section_b":"Authorisation — 'File last modified 30 April 2024'","confidence":0.7,"description":"The status metadata simultaneously asserts that the version has been current and unchanged since 8 November 2017, while also disclosing that the underlying file was modified as recently as 30 April 2024. These two claims are internally inconsistent: if the file was modified in 2024, the 'version current from 2017' characterisation is misleading or false."},{"severity":"high","section_a":"Site representation — 'legislation on this site is usually updated within 3 working days after a change'","section_b":"Substantive content — entirely absent operative provisions","confidence":0.8,"description":"The site holds itself out as maintaining a current and reliable consolidated register of Tasmanian legislation, updated within 3 working days of any change. Yet the operative content of this proclamation — the very provisions that give it legal effect — are absent from the published version. This is a direct contradiction between the system's stated reliability and its actual output."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-community-protection-offender-reporting-amendment-act-2016","history":"/api/acts/proclamation-under-the-community-protection-offender-reporting-amendment-act-2016/history","analysis":"/api/acts/proclamation-under-the-community-protection-offender-reporting-amendment-act-2016/analysis","conflicts":"/api/acts/proclamation-under-the-community-protection-offender-reporting-amendment-act-2016/conflicts","importantCases":"/api/acts/proclamation-under-the-community-protection-offender-reporting-amendment-act-2016/important-cases","documents":"/api/acts/proclamation-under-the-community-protection-offender-reporting-amendment-act-2016/documents"}}