{"id":"tas:sr-2010-030","name":"Proclamation under the Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2009","slug":"proclamation-under-the-credit-commonwealth-powers-transitional-and-consequential-provisions-act-2009","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"30 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315141,"registerId":"tas-tas:sr-2010-030-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) (Transitional and Consequential Provisions) Act 2009","content":"> Proclamation under the Credit (Commonwealth Powers) (Transitional and Consequential Provisions) 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 of the](/view/html/inforce/2026-04-12/act-2009-077#GS2@EN) [Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2009](/view/html/inforce/2026-04-12/act-2009-077) fix 1 July 2010 as the day on which the provisions of that Act commence.\n\n17 May 2010\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nNICK McKIM\n\nMinister 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 26 May 2010\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 commencement proclamation, which by definition has a narrow, single-purpose scope: to activate another Act. It has not expanded beyond this original purpose."},"complexity_factors":["Single operative provision: fixes one 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 sets the date when a specific law starts to take effect.\n\n**What it does:**\n- Fixes **1 July 2010** as the day the *Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2009* comes into force in Tasmania.\n\n**Why this matters:**\n- The 2009 Act was part of a national scheme to transfer consumer credit regulation from the states to the Commonwealth (federal government). This proclamation was Tasmania's formal step to bring that transfer into effect.\n- Without this proclamation, the Act would not have started on that date — Tasmanian consumer credit law would have remained under state control rather than moving to federal oversight.\n\n**Who is involved:**\n- **Governor Peter Underwood** — issued the proclamation on behalf of Tasmania\n- **Minister Nick McKim** — responsible for consumer protection at the time\n- **Department of Justice** — administers the proclamation\n\n**Key point:** This is not a substantive law itself, but a **trigger mechanism** — it activates another law on a specific date."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive scope or content of the underlying Act; it only fixes the date on which the Act's provisions take effect in Tasmania and records administrative and notification formalities."},"complexity_factors":["Single operative action: setting a commencement date rather than creating new rights or obligations","Clear legal authority cited (section 2 of the named Act)","Formal executive process (Governor acting with Executive Council) required","Administrative details included (notification in Gazette; Department of Justice administration)","No regulatory detail, criteria, or discretion to implement — limited legal complexity"],"plain_english_summary":"This proclamation fixes 1 July 2010 as the day the provisions of the Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2009 commence in Tasmania. It was made by the Governor acting with the advice of the Executive Council and was notified in the Gazette. Those subject to the Act must comply with its transitional and consequential provisions from that date. The proclamation does not change the Act's substantive text and specifies administration by the Department of Justice; no financial impacts are specified in the proclamation."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"While this is likely a metadata/administrative issue rather than a substantive legal defect, it raises a logical inconsistency: if the legislation is genuinely 'current to date' (April 2026) but was last modified in September 2018, either the currency claim is misleading or the modification date is incomplete. A document cannot credibly assert ongoing currency while showing no updates for 7+ years in a dynamic regulatory area (consumer credit law underwent significant Commonwealth reform).","confidence":0.55,"description":"The legislation states it is 'current from 26 May 2010 to date' with the access date recorded as '8 April 2026', yet the file was last modified on '3 September 2018'. This creates a temporal absurdity: the instrument purports to be current and unmodified for over 7 years beyond its last recorded modification, while simultaneously claiming to reflect current law."},{"type":"impossible_compliance","section":"Document Structure - General","severity":"high","reasoning":"A Proclamation with no operative text is logically void as a legal instrument. Citizens, courts, and administrators cannot comply with, apply, or enforce a Proclamation whose substantive content is entirely absent. The instrument references the Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2009 as its parent Act but contains no declaration of the kind that Act would require.","confidence":0.72,"description":"The entire instrument as presented contains no operative provisions whatsoever. A Proclamation is a substantive legal instrument that should specify a commencement date, operative declaration, or other legal effect. This document contains only metadata, status information, and navigation elements, making it impossible to determine what it actually proclaims or what legal obligations or rights it creates."},{"type":"other","section":"Status Information - Table of Amending Instruments","severity":"medium","reasoning":"If amendments exist (as implied by the Table of Amending Instruments section), but no operative provisions are visible, there is a logical absurdity in asserting the document is 'current' and 'consolidated'. Amendments to nothing produce nothing, yet the infrastructure of amendment tracking is maintained.","confidence":0.5,"description":"The document references a 'Table of Amendments' via hyperlink, implying the instrument has been amended, yet the file modification date of 3 September 2018 and the absence of any operative text makes it impossible to assess what was amended or whether amendments are reflected in the current version."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version (stating 'current from 26 May 2010 to date, accessed 8 April 2026')","section_b":"Authorisation - File last modified 3 September 2018","confidence":0.6,"description":"The instrument claims to be current as of April 2026 but was last modified in September 2018. These two statements are in tension: either the law changed after September 2018 and the file was not updated (contradicting the currency claim), or nothing changed for 7.5 years in a legislative area subject to major Commonwealth credit law reform (the National Consumer Credit Protection Act 2009 and related instruments), which is implausible."},{"severity":"high","section_a":"Document Title - 'Proclamation under the Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2009'","section_b":"Document Body - Contains no operative proclamation text","confidence":0.78,"description":"The title asserts this is a legally operative Proclamation made under a specific Act, but the body of the document contains no operative legal text — only administrative metadata repeated multiple times. A Proclamation by definition must contain a declaration or operative provision; the title and the content directly contradict each other as to the nature of the instrument."}]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Proclamation appears to serve its intended purpose precisely — activating transitional and consequential provisions on a set date as part of the planned referral of credit powers to the Commonwealth. There is no indication of scope creep or deviation from original intent."},"complexity_factors":["Involves intergovernmental constitutional referral of powers, which is an inherently technical legal concept","The Proclamation itself has minimal substantive content — it primarily sets a commencement date, making it simple in isolation","Understanding its significance requires knowledge of the broader national consumer credit reform context","References a chain of legislation (parent Act, national Credit Protection Act) that must be understood together","The document provided is heavily truncated with repeated metadata, limiting full analysis"],"plain_english_summary":"This Proclamation sets 26 May 2010 as the commencement date for Tasmania’s referral of consumer credit regulation to the Commonwealth under the 2009 referral scheme. It moved regulation of home loans, personal loans and credit cards from Tasmanian law to the national National Consumer Credit Protection framework.\n\nIt affected Tasmanian borrowers, lenders, brokers and advisers by replacing state rules with one uniform national system."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-credit-commonwealth-powers-transitional-and-consequential-provisions-act-2009","history":"/api/acts/proclamation-under-the-credit-commonwealth-powers-transitional-and-consequential-provisions-act-2009/history","analysis":"/api/acts/proclamation-under-the-credit-commonwealth-powers-transitional-and-consequential-provisions-act-2009/analysis","conflicts":"/api/acts/proclamation-under-the-credit-commonwealth-powers-transitional-and-consequential-provisions-act-2009/conflicts","importantCases":"/api/acts/proclamation-under-the-credit-commonwealth-powers-transitional-and-consequential-provisions-act-2009/important-cases","documents":"/api/acts/proclamation-under-the-credit-commonwealth-powers-transitional-and-consequential-provisions-act-2009/documents"}}