{"id":"tas:sr-2005-096","name":"Proclamation under the Conveyancing Act 2004","slug":"proclamation-under-the-conveyancing-act-2004","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"96 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":317955,"registerId":"tas-tas:sr-2005-096-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Conveyancing Act 2004","content":"> Proclamation under the Conveyancing Act 2004\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-2004-022#GS2@EN) [Conveyancing Act 2004](/view/html/inforce/2026-04-12/act-2004-022) fix 1 September 2005 as the day on which that Act commences.\n\n22 August 2005\n\nW. J. E. COX\n\nGovernor\n\nBy His Excellency's Command,\n\nJUDY JACKSON\n\nMinister for Justice and Industrial Relations\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 31 August 2005\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"There is insufficient operative text in the provided document to assess whether the scope changed from the original intent. Based on the available metadata, the Proclamation has remained unchanged since 31 August 2005, suggesting it served its original and limited purpose — most likely commencing the Conveyancing Act 2004 — without any subsequent expansion or contraction of scope."},"complexity_factors":["Proclamations are inherently simple instruments — they typically do one thing (commence a law or part of a law)","No substantive operative text was included in the provided document, only metadata and status information","The underlying Act (Conveyancing Act 2004) may be complex, but this Proclamation itself is not","No amendments or substantive changes have been made since 2005, indicating a static and straightforward instrument"],"plain_english_summary":"This Proclamation formally brought the Conveyancing Act 2004 (Tas.) into effect, setting its commencement date and thereby activating the law governing property transfers in Tasmania. It has been in force since 31 August 2005.\n\nIt affects anyone involved in buying, selling or transferring land in Tasmania — homebuyers, sellers, real estate agents, lawyers and conveyancers — because without this proclamation the Act would not have legal effect."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement instrument with a single, narrow purpose: to activate the parent Act. It has not expanded beyond its original procedural function."},"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 — essentially a template document"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into force.\n\n**What it does:**\n- Sets **1 September 2005** as the date when Tasmania's *Conveyancing Act 2004* officially starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (acting on advice from the Executive Council, which is the formal name for the state Cabinet).\n\n**Why it matters:**\n- Laws passed by Parliament don't always start immediately. This document is the legal trigger that says \"the Conveyancing Act is now active.\" Without this proclamation, the Act would remain dormant (unenforceable) even though it had been passed by Parliament.\n\n**Key point:**\n- This is purely procedural — it doesn't change the content of the Conveyancing Act itself; it simply activates it."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope of the Conveyancing Act 2004; it solely fixes the Act's commencement date under s 2. It does not amend provisions, add obligations, or alter who the Act applies to."},"complexity_factors":["Single, discrete operative action: sets a commencement date only","Relies on a specific statutory power (s 2 of the Conveyancing Act 2004)","Formalities present: Governor acting with Executive Council advice, dated proclamation","Publication and administrative details (Gazette notification, administering department)","No amendments, substantive rules or transitional arrangements included"],"plain_english_summary":"This proclamation fixes 1 September 2005 as the day the Conveyancing Act 2004 comes into force, using the power in section 2 of that Act. It records that the Governor, with the Executive Council's advice, made the decision on 22 August 2005, that the Gazette notice was on 31 August 2005, and that the Department of Justice administers the proclamation. From 1 September 2005, persons and businesses subject to the Conveyancing Act must comply with its requirements."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"If the version is current 'to date' (i.e., 8 April 2026), but the underlying file was last modified in 2018, the instrument implicitly claims to be simultaneously static and continuously current. This is a metadata contradiction rather than a substantive legal flaw, but it undermines the reliability of the currency statement.","confidence":0.65,"description":"The instrument claims to be 'current from 31 August 2005 to date' yet the file was 'last modified 13 August 2018', creating a temporal paradox where the authoritative file predates its own claimed currency endpoint by an indeterminate period."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"Either no amendments have occurred in 7.5 years (possible but notable for a conveyancing instrument), or the update commitment has not been met. The juxtaposition of the 3-working-day update promise against a 7.5-year modification gap creates an internal credibility inconsistency in the status information.","confidence":0.55,"description":"The site states legislation is 'usually updated within 3 working days after a change to the legislation', yet the file has not been modified since 13 August 2018 despite purporting to be current to 8 April 2026 — a gap of approximately 7.5 years with no recorded amendments."},{"type":"impossible_compliance","section":"Document structure - entire instrument","severity":"high","reasoning":"A Proclamation is a specific legal instrument used to bring legislation or provisions into force, or to fix dates or appoint persons. Without any operative clause, the instrument cannot fulfill its legal function. Parties cannot comply with, rely upon, or be bound by a Proclamation that contains no operative text. The instrument is structurally and functionally void.","confidence":0.82,"description":"The instrument as reproduced contains no operative legal provisions whatsoever. A Proclamation under an Act with no substantive content — no commencement date proclaimed, no matter appointed, no schedule — is a legal nullity. It proclaims nothing."},{"type":"other","section":"Title - entire instrument","severity":"high","reasoning":"If the enabling Act does not exist under the cited name, the Proclamation has no valid head of power and is ultra vires. Even if 'Conveyancing Act 2004' is an alternative or informal title, the absence of any operative clause prevents verification of whether the correct enabling provision is engaged.","confidence":0.7,"description":"The instrument is titled 'Proclamation under the Conveyancing Act 2004' but Tasmania does not appear to have enacted a statute titled 'Conveyancing Act 2004'. Tasmania's primary conveyancing legislation is the Conveyancing and Law of Property Act 1884. A Proclamation under a non-existent or mis-cited parent Act lacks lawful foundation."}],"contradictions":[{"severity":"low","section_a":"Status Information - 'Version current from 31 August 2005 to date (accessed 8 April 2026 at 2:45)'","section_b":"Authorisation - 'File last modified 13 August 2018'","confidence":0.7,"description":"The version is represented as current up to 8 April 2026, yet the file underpinning that version was last modified on 13 August 2018. These two statements are irreconcilable: a file that has not been touched since 2018 cannot reflect a legislative state that is continuously current to 2026, particularly given the site's own promise of updates within 3 working days of any change."},{"severity":"low","section_a":"Status Information - 'Legislation on this site is usually updated within 3 working days after a change to the legislation'","section_b":"Table of Amending Instruments - '(click to view Table of Amendments)'","confidence":0.5,"description":"The existence of a Table of Amendments hyperlink implies there may be amending instruments, yet the file modification date of 13 August 2018 suggests no updates have been incorporated for over 7 years. If amendments exist post-2018, the 3-working-day update commitment has been breached, contradicting the currency assurance. If no amendments exist, the Table of Amendments link is misleading."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-conveyancing-act-2004","history":"/api/acts/proclamation-under-the-conveyancing-act-2004/history","analysis":"/api/acts/proclamation-under-the-conveyancing-act-2004/analysis","conflicts":"/api/acts/proclamation-under-the-conveyancing-act-2004/conflicts","importantCases":"/api/acts/proclamation-under-the-conveyancing-act-2004/important-cases","documents":"/api/acts/proclamation-under-the-conveyancing-act-2004/documents"}}