{"id":"tas:sr-2014-016","name":"Proclamation under the Crime (Confiscation of Profits) Amendment (Unexplained Wealth) Act 2013","slug":"proclamation-under-the-crime-confiscation-of-profits-amendment-unexplained-wealth-act-2013","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"16 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187438,"registerId":"tas-tas:sr-2014-016-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Crime (Confiscation of Profits) Amendment (Unexplained Wealth) Act 2013","content":"> Proclamation under the Crime (Confiscation of Profits) Amendment (Unexplained Wealth) Act 2013\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-2013-060#GS2@EN) [Crime (Confiscation of Profits) Amendment (Unexplained Wealth) Act 2013](/view/html/inforce/2026-04-12/act-2013-060) fix 1 March 2014 as the day on which all of the provisions of that Act commence.\n\n3 February 2014\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nBRIAN WIGHTMAN\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 12 February 2014\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"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 sets the date on which every provision of the Act takes effect under section 2. It therefore activates the existing legal regime rather than changing its reach."},"complexity_factors":["Single, clear operative act: fixes one commencement date for the whole Act","Taken under an explicit statutory power (section 2) — straightforward legal basis","No substantive changes or new operative provisions included in the proclamation","Standard formalities: Governor, Executive Council, Gazette notification","Administrative assignment (Department of Justice) identified, limiting implementation ambiguity"],"plain_english_summary":"This proclamation sets 1 March 2014 as the date when all provisions of the Crime (Confiscation of Profits) Amendment (Unexplained Wealth) Act 2013 come into force (made under s.2). It activates the Act’s powers, duties and enforcement mechanisms on that date.  The decision was made by the Governor with the advice of the Executive Council, was notified in the Gazette, and is administered by the Department of Justice. It therefore affects persons and bodies covered by the Act and the agencies that enforce it."},"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 operation on a specified date. No scope creep is possible in a document of this nature."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No conditional logic or exceptions","No cross-references to other legislation beyond citation of the empowering section","Standard proclamation format following established conventions"],"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 March 2014** as the date when the *Crime (Confiscation of Profits) Amendment (Unexplained Wealth) Act 2013* (Tasmania) officially starts operating.\n\n**Who it affects:**\n- Tasmanian law enforcement and prosecutors, who gain new powers to target \"unexplained wealth\" — assets that appear disproportionate to a person's legitimate income.\n- Individuals suspected of serious criminal activity who cannot adequately explain the source of their wealth.\n\n**Why it matters:**\n- Without this proclamation, the Act would remain dormant on the statute books. This document \"switches on\" the law, allowing authorities to begin using unexplained wealth orders to confiscate property linked to crime, even without a criminal conviction.\n\n**Key point:** This is not the substantive law itself — it is merely the trigger that activates it."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation is purely a commencement instrument — its sole purpose is to set a start date for the parent Act. By definition it does not and cannot change the scope of the legislation it activates. The scope of the unexplained wealth reforms was determined entirely by the 2013 Amendment Act."},"complexity_factors":["The proclamation itself is a single-purpose administrative instrument with minimal substantive content","Complexity lies almost entirely in the underlying Amendment Act, not in this document","No operative provisions, definitions, or conditions are contained in the proclamation itself","Document appears to have formatting/duplication artefacts from the source website, adding superficial visual noise"],"plain_english_summary":"This Proclamation brings the Crime (Confiscation of Profits) Amendment (Unexplained Wealth) Act 2013 into force in Tasmania on 12 February 2014. The Act lets authorities seek orders to seize assets when a person cannot satisfactorily explain their wealth, shifting the evidential burden onto the asset holder and targeting organised and serious crime. It matters because it expands state power to confiscate property by reversing the usual presumption that the government must prove wrongdoing."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"medium","reasoning":"If the file was last modified on 13 August 2018 but is represented as current through at least 5 April 2026, either the 'last modified' date is inaccurate, the currency claim is false, or any amending instruments listed in the Table of Amendments are not reflected in the file itself. This undermines the document's own reliability representation.","confidence":0.72,"description":"The document states it is 'current from 12 February 2014 to date (accessed 5 April 2026 at 18:32)' while also stating 'File last modified 13 August 2018'. A file last modified in 2018 cannot accurately represent currency through 2026 unless no amendments occurred, yet the existence of a 'Table of Amending Instruments' implies amendments did occur."},{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"The 3 working day update guarantee combined with an 8-year-old file modification date creates an internal tension: either the guarantee is not being met, or the 'last modified' metadata is misleading as a proxy for currency.","confidence":0.61,"description":"The legislation states it is 'usually updated within 3 working days after a change to the legislation' but the file was last modified in August 2018, suggesting either no changes have occurred in approximately 8 years (implausible for active criminal confiscation legislation) or the update obligation has not been met."},{"type":"impossible_compliance","section":"Document structure - entirety","severity":"high","reasoning":"A proclamation that contains no operative text cannot achieve any legal effect. If this is the complete instrument, it is a legal nullity - it cannot bring any provision into force, which is its sole purpose. Citizens and courts cannot comply with or apply a proclamation that declares nothing.","confidence":0.78,"description":"The proclamation purports to be substantive operative legislation but contains no operative provisions whatsoever. A proclamation under an Amendment Act would normally specify a commencement date for the amending Act's provisions, yet no such date or operative clause appears in the document as reproduced."},{"type":"other","section":"Document structure - heading duplication","severity":"low","reasoning":"While likely a rendering/scraping artefact, if treated as the authoritative legislative text, duplicated operative headings create interpretive uncertainty. Under strict construction, a court might question which instance of a provision title governs.","confidence":0.85,"description":"Every heading in the document is duplicated verbatim (e.g., 'Proclamation under the Crime (Confiscation of Profits) Amendment (Unexplained Wealth) Act 2013' appears four times; 'Status Information' appears four times; 'Currency of version' appears four times). This creates ambiguity as to which instance constitutes the authoritative heading."}],"contradictions":[{"severity":"medium","section_a":"Status Information - 'File last modified 13 August 2018'","section_b":"Status Information - 'Version current from 12 February 2014 to date (accessed 5 April 2026 at 18:32)'","confidence":0.74,"description":"The claim of currency through 5 April 2026 directly contradicts a file modification date of 13 August 2018. A document cannot be authoritatively current through a date nearly 8 years beyond its last modification without explanation, particularly where a Table of Amending Instruments exists suggesting the legislative landscape has changed."},{"severity":"low","section_a":"Status Information - 'usually updated within 3 working days after a change to the legislation'","section_b":"Status Information - 'File last modified 13 August 2018'","confidence":0.63,"description":"The 3 working day update obligation contradicts the static file modification date of 2018. If the obligation is being met, then either no legislative changes have occurred since August 2018 (contradicted by the existence of the amending instruments table) or the modification date metadata is unreliable."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-crime-confiscation-of-profits-amendment-unexplained-wealth-act-2013","history":"/api/acts/proclamation-under-the-crime-confiscation-of-profits-amendment-unexplained-wealth-act-2013/history","analysis":"/api/acts/proclamation-under-the-crime-confiscation-of-profits-amendment-unexplained-wealth-act-2013/analysis","conflicts":"/api/acts/proclamation-under-the-crime-confiscation-of-profits-amendment-unexplained-wealth-act-2013/conflicts","importantCases":"/api/acts/proclamation-under-the-crime-confiscation-of-profits-amendment-unexplained-wealth-act-2013/important-cases","documents":"/api/acts/proclamation-under-the-crime-confiscation-of-profits-amendment-unexplained-wealth-act-2013/documents"}}