{"id":"tas:sr-2022-060","name":"Proclamation under the Criminal Code Amendment Act 2022","slug":"proclamation-under-the-criminal-code-amendment-act-2022","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"60 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179695,"registerId":"tas-tas:sr-2022-060-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Criminal Code Amendment Act 2022","content":"> Proclamation under the Criminal Code Amendment Act 2022\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-2022-013#GS2@EN) [Criminal Code Amendment Act 2022](/view/html/inforce/2026-04-12/act-2022-013) fix 22 August 2022 as the day on which the provisions of that Act commence.\n\n8 August 2022\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nELISE ARCHER\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 17 August 2022\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 Criminal Code Amendment Act 2022; it merely fixes the Act’s commencement date under s.2. It therefore changes timing only, not who or what the Act covers, nor the Act’s legal effects once commenced."},"complexity_factors":["Single, discrete operation: sets one commencement date rather than staging or conditional commencements","Relies on a single statutory power (section 2 of the Act) to fix commencement","Formal execution steps required (Governor with Executive Council advice, Gazette notification, departmental administration)","No substantive amendment or regulatory detail to implement — minimal legal analysis needed","Jurisdictional specificity (Tasmania and its Dependencies) but no cross-jurisdictional interaction"],"plain_english_summary":"This proclamation, made under section 2 of the Criminal Code Amendment Act 2022, fixes 22 August 2022 as the date when that Act’s provisions commence in Tasmania and its Dependencies. It notifies courts, government agencies, legal practitioners and the public when the amended criminal-law rules begin to apply. Mechanically, it was signed by the Governor on Executive Council advice, published in the Gazette (17 Aug 2022) and is administered by the Department of Justice; it does not itself change the Act’s substantive content."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement instrument performing exactly the function intended: bringing an 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 proclamation format — essentially a template document"],"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 **22 August 2022** as the date when the *Criminal Code Amendment Act 2022* (Tasmania) officially starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (B. Baker), acting on advice from the **Executive Council** (the Premier and senior ministers).\n- Signed off by **Elise Archer**, then Minister for Justice.\n\n**Why this matters:**\n- Laws passed by Parliament don't always take effect immediately. This proclamation is the legal \"switch\" that turns the Act on.\n- Without this document, the *Criminal Code Amendment Act 2022* would remain dormant — passed but not enforceable.\n\n**Key detail:**\n- The proclamation itself was made on **8 August 2022**, published in the *Gazette* on **17 August 2022**, and the law commenced on **22 August 2022**."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation by its nature has a fixed, narrow purpose: to commence legislation on a specified date. There is no indication of scope change from that original intent. The document does exactly what a commencement proclamation is designed to do."},"complexity_factors":["The document is purely procedural — it is a commencement instrument, not substantive legislation","Very limited actual content is present in the text provided; most is repeated metadata and formatting artefacts","No substantive legal provisions, definitions, or operative clauses are included","The underlying Criminal Code Amendment Act 2022 would carry the real complexity, but that is not reproduced here"],"plain_english_summary":"This Proclamation brings parts of the Criminal Code Amendment Act 2022 in Tasmania into force, making the Act’s changes legally effective from 17 August 2022. It affects everyone subject to Tasmanian criminal law by determining which version of the Criminal Code applies to conduct on or after that date. This instrument is the administrative trigger, not the substantive law."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation with an active link to a 'Table of Amendments' but a file never modified beyond its commencement date creates a structural tension: either the table is empty (making the link misleading) or amendments exist but are not reflected in the file modification date.","confidence":0.55,"description":"The instrument states it is 'Version current from 17 August 2022 to date (accessed 5 April 2026 at 14:44)' while also stating 'File last modified 17 August 2022'. If the file has never been modified since 17 August 2022, the 'to date' currency claim is trivially true but the access timestamp of 5 April 2026 implies a 3.5-year gap with no amendments, making the Table of Amending Instruments reference potentially misleading."},{"type":"other","section":"Status Information - Currency statement","severity":"low","reasoning":"Including a general update-latency disclaimer in a document that has demonstrably never been updated is not strictly a legal absurdity but is logically redundant and potentially misleading about the currency assurance it purports to provide.","confidence":0.45,"description":"The statement 'Legislation on this site is usually updated within 3 working days after a change to the legislation' appears within a document whose own metadata asserts it has never been changed since commencement. The disclaimer is self-referentially inapplicable to this very instrument as presented."},{"type":"other","section":"Title / Header (repeated throughout)","severity":"medium","reasoning":"A proclamation must identify with precision the parent Act it brings into force. Where the title of that Act is misspelled or truncated in the operative heading, there is a latent argument that the proclamation does not validly identify its enabling Act, potentially undermining its legal effect. This is particularly acute for a Criminal Code instrument where precision is expected.","confidence":0.6,"description":"The proclamation's title is rendered with systematic typographic truncation ('Crimina' instead of 'Criminal') and then immediately corrected in the same document. The truncated form appears in headings of legal force, creating ambiguity as to the precise instrument being proclaimed."}],"contradictions":[{"severity":"low","section_a":"Status Information - 'File last modified 17 August 2022'","section_b":"Table of Amending Instruments - '(click to view Table of Amendments)'","confidence":0.6,"description":"The metadata asserts the file has not been modified since 17 August 2022, yet the document prominently links to a 'Table of Amendments', implying amendments may exist. If no amendments exist, the link is misleading; if amendments do exist, the modification date is incorrect. Both cannot simultaneously be accurate."},{"severity":"medium","section_a":"Title heading: 'Proclamation under the Crimina Proclamation under the Criminal Code Amendment Act 2022'","section_b":"Body heading: 'Proclamation under the Criminal Code Amendment Act 2022'","confidence":0.7,"description":"The document simultaneously presents two different title strings for the same instrument — one truncated/corrupted ('Crimina') and one complete ('Criminal'). These cannot both be the accurate legal title of the instrument, creating an internal contradiction in the identity of the proclaimed instrument."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-criminal-code-amendment-act-2022","history":"/api/acts/proclamation-under-the-criminal-code-amendment-act-2022/history","analysis":"/api/acts/proclamation-under-the-criminal-code-amendment-act-2022/analysis","conflicts":"/api/acts/proclamation-under-the-criminal-code-amendment-act-2022/conflicts","importantCases":"/api/acts/proclamation-under-the-criminal-code-amendment-act-2022/important-cases","documents":"/api/acts/proclamation-under-the-criminal-code-amendment-act-2022/documents"}}