{"id":"tas:sr-2021-107","name":"Proclamation under the Dangerous Criminals and High Risk Offenders Act 2021","slug":"proclamation-under-the-dangerous-criminals-and-high-risk-offenders-act-2021","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"107 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182449,"registerId":"tas-tas:sr-2021-107-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Dangerous Criminals and High Risk Offenders Act 2021","content":"> Proclamation under the Dangerous Criminals and High Risk Offenders Act 2021\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 [Dangerous Criminals and High Risk Offenders Act 2021](/view/html/inforce/2026-04-12/act-2021-002) fix 13 December 2021 as the day on which the provisions of that Act commence.\n\n13 December 2021\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 13 December 2021\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation is a commencement instrument only. It does not alter, expand, or narrow the scope of the parent Act — it simply activates it as originally passed by the Tasmanian Parliament."},"complexity_factors":["The proclamation itself is extremely brief and purely administrative in nature — its sole function is to set a commencement date.","The substantive legal complexity lies in the parent Act (Dangerous Criminals and High Risk Offenders Act 2021), not this instrument.","No legal definitions, conditions, or discretionary powers are contained within the proclamation itself.","Standard form instrument with no ambiguity in its operation."],"plain_english_summary":"This Proclamation is the Governor of Tasmania’s formal “on” switch for the Dangerous Criminals and High Risk Offenders Act 2021, setting the Act to operate from 13 December 2021. \n\nIt activates a legal regime affecting people declared dangerous or high‑risk, and the courts, corrections agencies, and lawyers who must apply it — enabling continued detention or strict supervision beyond an ordinary sentence where serious ongoing risk to community safety is found."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the Act's substantive scope or content; it only fixes the commencement date under section 2, thereby changing timing and triggering implementation rather than modifying powers, coverage or obligations."},"complexity_factors":["Single, clear administrative act: fixes a commencement date under section 2 of the Act","No substantive amendments or new legal text in the proclamation itself","Minimal discretion exercised—date is specified rather than delegated","Administrative implementation required by the Department of Justice and enforcement agencies (noted in the proclamation)","Formal notification requirement (Gazette) and executive process (Governor acting with Executive Council advice)"],"plain_english_summary":"Under section 2, the Governor, on advice of the Executive Council, proclaims that the Dangerous Criminals and High Risk Offenders Act 2021 commences on 13 December 2021, bringing its powers and obligations into force.\n\nThis affects people covered by the Act and requires the Department of Justice and enforcement agencies to implement procedures; administrative costs fall to government and individuals may face new legal restrictions or supervision."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation that has never been amended and appears to contain no operative text beyond metadata headers is of questionable legal utility. While not internally contradictory per se, a proclamation under a serious public safety Act that appears to be an empty or purely procedural instrument with no discernible operative content borders on legislative absurdity.","confidence":0.55,"description":"The proclamation states it is 'current from 13 December 2021 to date' while simultaneously stating the file was 'last modified 13 December 2021', yet it purports to be accessed on 5 April 2026. A proclamation with no amendments over more than four years under an Act dealing with dangerous criminals and high risk offenders raises a question of whether the instrument contains any operative provisions at all, making its ongoing currency substantively meaningless."},{"type":"impossible_compliance","section":"Document structure - entire instrument","severity":"high","reasoning":"A proclamation is a specific legal instrument used to commence legislation or make declarations under an enabling Act. Without any operative text, no person, court, or authority can comply with, rely upon, or give effect to this instrument. It is logically impossible for a contentless proclamation to discharge any statutory function. This may reflect a document reproduction error, but as presented the instrument is a legal nullity.","confidence":0.82,"description":"The instrument as presented contains no operative provisions whatsoever. A Proclamation under the Dangerous Criminals and High Risk Offenders Act 2021 would ordinarily bring the Act or specific provisions into force, or designate something under the Act. The complete absence of any operative clause renders the instrument logically incapable of achieving any legal purpose."},{"type":"self_contradicting","section":"Status Information - Update Policy","severity":"low","reasoning":"Providing a 'Table of Amending Instruments' hyperlink alongside a 'last modified' date that has never changed since commencement suggests either the amendment table is empty (making the hyperlink misleading) or amendments exist but are not reflected in the modification date (contradicting the 3-working-day update policy).","confidence":0.5,"description":"The site claims legislation is 'usually updated within 3 working days after a change', yet if this instrument has genuinely not been modified since 13 December 2021, then either the Table of Amendments contains amendments not reflected in the file modification date, or the amendment table link is misleading. The coexistence of an amendment table hyperlink with a static 'last modified' date creates an internal informational inconsistency."}],"contradictions":[{"severity":"low","section_a":"Status Information - Table of Amending Instruments (hyperlink provided)","section_b":"Authorisation - File last modified 13 December 2021","confidence":0.6,"description":"The instrument provides a clickable Table of Amending Instruments, implying amendments may exist, while the file modification date of 13 December 2021 — identical to the commencement date — implies no changes have ever been made. These two signals are contradictory: either amendments exist (in which case the file should have been modified) or no amendments exist (in which case the amendment table link is an empty formality that could mislead readers into believing the instrument has substantive amendment history)."},{"severity":"high","section_a":"Document title - 'Proclamation under the Dangerous Criminals and High Risk Offenders Act 2021'","section_b":"Document body - absence of any operative proclamation text","confidence":0.78,"description":"The title of the instrument represents that it is a legal proclamation made under a specific Act. The body of the document contains only administrative metadata, status information, and navigational headers. This is a direct contradiction between the instrument's represented legal character and its actual content, as a proclamation without operative text cannot legally be a proclamation."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement instrument with no substantive content; scope is limited to the single function of bringing the parent Act into force on a specified date."},"complexity_factors":["Single operative provision (fixing commencement date)","No defined terms","No cross-references to other legislation (except citation of the parent Act and Rules Publication Act in administrative notes)","No conditional logic or exceptions","Standard proclamation format — purely administrative"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into effect.\n\n**What it does:**\n- The Governor of Tasmania (acting on ministerial advice) has officially declared that the *Dangerous Criminals and High Risk Offenders Act 2021* will start operating on **13 December 2021**.\n\n**Why this matters:**\n- Laws passed by Parliament don't automatically take effect immediately. They often need a formal \"start date\" set by the Governor (the Queen's representative at state level).\n- This proclamation \"switches on\" the Act, allowing authorities to begin using its powers — which likely include keeping serious offenders in custody or under supervision beyond their original sentences if they're deemed high-risk.\n\n**Who it affects:**\n- Tasmanian government agencies (particularly justice and corrections)\n- Potentially serious offenders who may be subject to extended detention or supervision orders under the new regime"}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-dangerous-criminals-and-high-risk-offenders-act-2021","history":"/api/acts/proclamation-under-the-dangerous-criminals-and-high-risk-offenders-act-2021/history","analysis":"/api/acts/proclamation-under-the-dangerous-criminals-and-high-risk-offenders-act-2021/analysis","conflicts":"/api/acts/proclamation-under-the-dangerous-criminals-and-high-risk-offenders-act-2021/conflicts","importantCases":"/api/acts/proclamation-under-the-dangerous-criminals-and-high-risk-offenders-act-2021/important-cases","documents":"/api/acts/proclamation-under-the-dangerous-criminals-and-high-risk-offenders-act-2021/documents"}}