{"id":"tas:sr-2022-024","name":"Proclamation under the Criminal Code Amendment (Judge Alone Trials) Act 2022","slug":"proclamation-under-the-criminal-code-amendment-judge-alone-trials-act-2022","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"24 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179570,"registerId":"tas-tas:sr-2022-024-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 (Judge Alone Trials) Act 2022","content":"> Proclamation under the Criminal Code Amendment (Judge Alone Trials) 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 [Criminal Code Amendment (Judge Alone Trials) Act 2022](/view/html/inforce/2026-04-12/act-2022-004) fix 8 June 2022 as the day on which that Act commences.\n\n30 May 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 8 June 2022\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation of this type has a single, narrow purpose: to bring a specific Act into force on a specified date. Its scope cannot meaningfully change from its original intent — it either commences the Act or it does not. No scope change is evident."},"complexity_factors":["This is a Proclamation (commencement instrument) only — it contains no substantive legal provisions of its own","The actual legal complexity lies in the underlying Criminal Code Amendment (Judge Alone Trials) Act 2022, not this document","The document itself is very short and administrative in nature","Limited metadata is available in the text provided, reducing analytical depth"],"plain_english_summary":"This Proclamation brings the Criminal Code Amendment (Judge Alone Trials) Act 2022 into force in Tasmania from 8 June 2022. It enables certain serious criminal cases to be decided by a judge sitting alone rather than a jury.\n\nThe change affects people charged with serious offences, legal practitioners and judges, and the wider public because it alters the long‑standing role of juries in the justice system and aims to address issues like complexity, bias and court efficiency."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation that has supposedly never been modified since 8 June 2022 yet maintains a live Table of Amending Instruments link is internally inconsistent on its face. Either amendments exist (contradicting 'last modified 8 June 2022') or the amendment table is a vestigial nullity. This is a drafting/publication absurdity rather than a substantive legal one.","confidence":0.62,"description":"The legislation states it is 'Version current from 8 June 2022 to date' while simultaneously indicating it was 'accessed 5 April 2026 at 14:42', yet the file is described as 'last modified 8 June 2022'. This creates a temporal absurdity: the instrument purports to be current across a nearly four-year span with no amendments reflected, while the Table of Amending Instruments link implies amendments may exist."},{"type":"other","section":"Document Structure - Titles and Headings","severity":"low","reasoning":"While likely a publication/digitisation artefact, a proclamation is a formal executive instrument whose legal identity depends on its title. Truncated variants ('Crimina') appearing as standalone headings alongside the full title introduce ambiguity as to which instrument is being given legal effect, particularly if cross-referenced by other instruments.","confidence":0.45,"description":"The proclamation's title is rendered in at least four separate, duplicated or truncated forms ('Proclamation under the Crimina', 'Proclamation under the Criminal Code Amendment (Judge Alone Trials) Act 2022') across the document. A proclamation that cannot consistently state its own name creates a question of authenticity and legal identification."},{"type":"impossible_compliance","section":"Substantive Content","severity":"high","reasoning":"Under the Acts Interpretation Act 1931 (Tas) and general administrative law principles, a proclamation must contain operative content to have legal effect. A proclamation stripped of its operative clause cannot commence the Criminal Code Amendment (Judge Alone Trials) Act 2022, meaning the underlying Act may never have been validly commenced by this instrument. Any trials conducted under the amended provisions could theoretically lack a valid statutory basis.","confidence":0.78,"description":"The proclamation contains no operative provisions whatsoever. A proclamation under an amending Act exists for the singular purpose of commencing that Act or specified provisions. The absence of any commencement date, operative clause, or Schedule renders the instrument a legal nullity — it purports to exercise executive power but exercises none."}],"contradictions":[{"severity":"low","section_a":"Status Information - 'File last modified 8 June 2022'","section_b":"Table of Amending Instruments - '(click to view Table of Amendments)'","confidence":0.58,"description":"The metadata asserts the file has not been modified since 8 June 2022, yet the instrument maintains an active, clickable Table of Amending Instruments. These two statements are mutually contradictory: if no amendments have been made, the table should be empty or absent; if amendments exist, the file modification date is false."},{"severity":"low","section_a":"Currency statement - 'Version current from 8 June 2022 to date'","section_b":"Status Information - 'Legislation on this site is usually updated within 3 working days after a change'","confidence":0.42,"description":"The currency statement implies no changes have occurred since 8 June 2022 over a nearly four-year period. The updating policy statement implies changes are anticipated and routinely incorporated. For a criminal procedure instrument operating in an active jurisdiction over four years, the assertion of zero changes strains credibility and creates a latent contradiction with the update policy's own premise."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which by its nature has a single, narrow purpose: to bring an Act into force on a specified date. It has not expanded beyond this original procedural intent."},"complexity_factors":["Single operative provision (fixing the commencement date)","No defined terms","No cross-references to other legislation (except citation of the parent Act)","Standard proclamation format following the Rules Publication Act 1953","No conditional logic or exceptions","Length: approximately 150 words of substantive content"],"plain_english_summary":"This is a formal government notice (called a 'proclamation') that sets the start date for a new law about judge-only trials in Tasmania.\n\n**What it does:**\n- **Activates the law:** The Criminal Code Amendment (Judge Alone Trials) Act 2022 was passed by Parliament, but laws don't automatically take effect. This proclamation officially switches it 'on'.\n- **Sets the date:** The law starts on **8 June 2022**.\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 the Minister for Justice (ELISE ARCHER).\n\n**Why it matters:**\nWithout this proclamation, the Act would remain dormant on the statute books. This document is the legal trigger that makes the judge-only trial reforms operational in Tasmania's criminal justice system.\n\n**Key context:**\n- 'Judge alone trials' allow accused persons in serious criminal cases to opt for a trial decided by a judge rather than a jury.\n- This proclamation is purely procedural—it doesn't change the substance of the reforms, just brings them into force."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope or content of the Criminal Code Amendment (Judge Alone Trials) Act 2022. It solely fixes the date on which the Act commences in Tasmania (8 June 2022) under the authority of section 2 and records publication and administration details."},"complexity_factors":["Single-purpose instrument: fixes a commencement date only","Relies on statutory authority (section 2 of the Act) for power to commence","Formal publication and authentication steps: Governor's signature, ministerial command, Gazette notification, Rules Publication Act display","No substantive amendment, transitional arrangements, or multi-jurisdictional commencement variations included","Administration identified (Department of Justice) but no delegated discretion or regulatory detail provided"],"plain_english_summary":"This proclamation brings the Criminal Code Amendment (Judge Alone Trials) Act 2022 into force in Tasmania on 8 June 2022. It was made by the Governor with the advice of the Executive Council under section 2 of that Act and is administered by the Department of Justice.\n\nMechanically, the instrument activates the Act’s provisions from that date, so courts, defendants and legal practitioners must follow the Act where it applies. The proclamation fixes timing only and does not amend the Act’s substance."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-criminal-code-amendment-judge-alone-trials-act-2022","history":"/api/acts/proclamation-under-the-criminal-code-amendment-judge-alone-trials-act-2022/history","analysis":"/api/acts/proclamation-under-the-criminal-code-amendment-judge-alone-trials-act-2022/analysis","conflicts":"/api/acts/proclamation-under-the-criminal-code-amendment-judge-alone-trials-act-2022/conflicts","importantCases":"/api/acts/proclamation-under-the-criminal-code-amendment-judge-alone-trials-act-2022/important-cases","documents":"/api/acts/proclamation-under-the-criminal-code-amendment-judge-alone-trials-act-2022/documents"}}