{"id":"tas:sr-2009-132","name":"Proclamation under the Credit (Commonwealth Powers) Act 2009","slug":"proclamation-under-the-credit-commonwealth-powers-act-2009","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"132 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315150,"registerId":"tas-tas:sr-2009-132-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Credit (Commonwealth Powers) Act 2009","content":"> Proclamation under the Credit (Commonwealth Powers) Act 2009\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](/view/html/inforce/2026-04-12/act-2009-051#GS2@EN) of the [Credit (Commonwealth Powers) Act 2009](/view/html/inforce/2026-04-12/act-2009-051) fix 17 November 2009 as the day on which that Act commences.\n\n16 November 2009\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nL. E. THORP\n\nMinister for Human Services acting for and on behalf of the Minister for Corrections and Consumer Protection\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 17 November 2009\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument performing exactly the function intended — bringing the parent Act into force on a specified date. No scope creep."},"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 ceremonial language only"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into force.\n\n**What it does:**\n- The Tasmanian Governor (acting on ministerial advice) officially declared that the *Credit (Commonwealth Powers) Act 2009* would **start operating on 17 November 2009**.\n\n**Why this matters:**\n- Laws don't automatically apply the moment Parliament passes them. Someone must formally \"switch them on\" by naming a start date. This document does exactly that.\n- The Act itself allowed Tasmania to hand over (\"refer\") its powers over consumer credit to the Commonwealth Government. This proclamation made that handover legally effective.\n\n**Who it affects:**\n- Tasmanian consumers and credit providers, who became subject to national credit laws from 17 November 2009 instead of state-based rules."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the function it was designed to do — commence the referral of Tasmania's credit powers to the Commonwealth as contemplated by the Credit (Commonwealth Powers) Act 2009. There is no evidence of scope creep or deviation from the original legislative intent. It has remained in force unchanged since 17 November 2009."},"complexity_factors":["The document itself is procedural and very brief — it is a proclamation, not substantive legislation","Its legal effect depends on understanding the parent Act (Credit (Commonwealth Powers) Act 2009) and the broader national credit reform framework","The concept of 'referral of powers' (a state giving legislative authority to the Commonwealth) is a constitutional mechanism that may be unfamiliar to non-lawyers","The actual operative text of the proclamation is not reproduced in the provided material, limiting direct analysis"],"plain_english_summary":"This Proclamation by the Tasmanian Governor, made under the Credit (Commonwealth Powers) Act 2009, formally triggered Tasmania’s referral of its consumer credit regulation to the Commonwealth, effective 17 November 2009. That means Tasmanian loans, mortgages and credit cards are regulated under federal law (the National Consumer Credit Protection framework), creating a uniform national system and shifting compliance obligations from Tasmanian lenders, brokers and consumers to the Commonwealth regime."},"flash_summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope or content of the Credit (Commonwealth Powers) Act 2009; it merely activates the Act in Tasmania from 17 November 2009 under the authority of section 2."},"complexity_factors":["Single-purpose instrument: fixes a commencement date only","No substantive law changes or new policy mechanisms","No conditional or staged commencement provisions","Routine formalities: Governor’s signature, ministerial attestation, Gazette notification","Administrative allocation only (Department of Justice); no operational rules set out"],"plain_english_summary":"This proclamation, made by the Governor of Tasmania under section 2 of the Credit (Commonwealth Powers) Act 2009, sets 17 November 2009 as the day that Act commences in Tasmania. From that date the Act’s regulatory framework and obligations become enforceable in Tasmania, affecting credit providers, lenders and the regulators who supervise them. The proclamation itself does not change the content of the Act; it simply brings the Act into force and assigns administrative responsibility to the Department of Justice."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-credit-commonwealth-powers-act-2009","history":"/api/acts/proclamation-under-the-credit-commonwealth-powers-act-2009/history","analysis":"/api/acts/proclamation-under-the-credit-commonwealth-powers-act-2009/analysis","conflicts":"/api/acts/proclamation-under-the-credit-commonwealth-powers-act-2009/conflicts","importantCases":"/api/acts/proclamation-under-the-credit-commonwealth-powers-act-2009/important-cases","documents":"/api/acts/proclamation-under-the-credit-commonwealth-powers-act-2009/documents"}}