{"id":"tas:sr-2010-124","name":"Proclamation under the Dangerous Goods (Road and Rail Transport) Act 2010","slug":"proclamation-under-the-dangerous-goods-road-and-rail-transport-act-2010","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"124 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314809,"registerId":"tas-tas:sr-2010-124-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Dangerous Goods (Road and Rail Transport) Act 2010","content":"> Proclamation under the Dangerous Goods (Road and Rail Transport) Act 2010\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-2010-016#GS2@EN) [Dangerous Goods (Road and Rail Transport) Act 2010](/view/html/inforce/2026-04-12/act-2010-016) fix 1 January 2011 as the day on which the provisions of that Act commence.\n\n6 December 2010\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nD. J. O'BYRNE\n\nMinister for Workplace Relations\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 15 December 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 straightforward commencement instrument performing exactly the function intended — bringing an Act into force on a specified date. No scope creep."},"complexity_factors":["Single operative provision (fixing a commencement date)","No defined terms","No cross-references to other legislation beyond citation of the parent Act","No conditional logic or exceptions","Standard ceremonial/formulaic language only"],"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 **1 January 2011** as the date when the *Dangerous Goods (Road and Rail Transport) Act 2010* (Tasmania) starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (acting on advice from the Executive Council, which is the formal name for the state Cabinet).\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically come into force immediately. This proclamation is the legal trigger that \"switches on\" the Act, making it enforceable from New Year's Day 2011.\n- Without this document, the dangerous goods transport law would remain dormant on the statute books.\n\n**Key takeaway:** Think of this as the \"go live\" date for Tasmania's rules about transporting dangerous materials by road and rail."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, this Proclamation appears to serve its standard administrative function under the parent Act — likely commencing the Act or specific provisions. There is no evidence of scope change, though the absence of operative text makes a definitive assessment impossible."},"complexity_factors":["The document provided contains only metadata and status information — no substantive operative text is available for analysis","Proclamations are generally short, administrative instruments with limited complexity on their face","Interpretation requires cross-referencing the parent Act (Dangerous Goods (Road and Rail Transport) Act 2010) to understand what the Proclamation is actually activating or declaring","The underlying subject matter (dangerous goods transport regulation) can be technically complex, but that complexity sits in the parent Act, not this instrument"],"plain_english_summary":"This Proclamation, made under Tasmania’s Dangerous Goods (Road and Rail Transport) Act 2010, is an administrative instrument used to bring provisions of that Act into effect or to make required designations. It principally affects businesses, transport operators, drivers and regulators involved in road or rail movement of hazardous materials in Tasmania.\n\nIts significance is procedural: without such a proclamation, relevant safety rules in the Act may not be legally operative."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the content or reach of the Dangerous Goods (Road and Rail Transport) Act 2010; it simply fixes the date the Act’s provisions commence (1 January 2011) under the section 2 power. It therefore changes timing but not statutory scope."},"complexity_factors":["Single, administrative action: fixes a commencement date rather than creating substantive rules","Depends on statutory power in section 2 of the Act (delegated commencement power)","Clear decision‑makers: Governor acting with Executive Council (explicit in text)","Administrative notices: Gazette notification and Department of Justice administration","Timing effects only: complexity arises from coordination and enforcement start‑up, not legal detail"],"plain_english_summary":"This proclamation sets 1 January 2011 as the day the Dangerous Goods (Road and Rail Transport) Act 2010 begins to operate in Tasmania. Made under section 2 of that Act, it makes the Act’s legal duties enforceable from that date for persons and businesses involved in the road or rail transport of dangerous goods. It matters because it starts the compliance, enforcement and administrative steps tied to the Act."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The claim of currency 'to date' conflicts with the modification timestamp of 2018. While this may reflect a consolidation process, the representation that the version is current up to 2026 when the underlying file was last touched in 2018 creates a potential misrepresentation of legislative currency. A user relying on this instrument could be misled about whether post-2018 amendments are incorporated.","confidence":0.55,"description":"The legislation states it is 'Version current from 15 December 2010 to date (accessed 8 April 2026 at 1:36)' while simultaneously stating 'File last modified 13 August 2018'. If the file was last modified in 2018, it cannot be genuinely 'current to date' in 2026 without qualification, raising questions about whether amendments made after 2018 are captured."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The 3-working-day update commitment creates an implicit representation about timeliness. The 7.5-year gap between last modification and accessed date is not inherently contradictory for a static proclamation, but the boilerplate currency language applied to this instrument without qualification is potentially misleading.","confidence":0.45,"description":"The instrument states legislation is 'usually updated within 3 working days after a change' yet the file was last modified 13 August 2018 despite the version purportedly being current to April 2026 — a gap of approximately 7.5 years with no modification. Either no amendments have been made (plausible for a proclamation) or the update commitment has not been met."},{"type":"impossible_compliance","section":"Document structure - entire instrument","severity":"high","reasoning":"A proclamation with no operative text is legally incoherent — it purports to be a legal instrument exercising a statutory power but contains no discernible legal command, declaration, or operative provision. Any person or body required to comply with or rely upon this instrument cannot ascertain what conduct is required or permitted. This is either a serious reproduction error or the instrument is substantively void for uncertainty.","confidence":0.72,"description":"The proclamation as reproduced contains no operative provisions whatsoever. A proclamation under the Dangerous Goods (Road and Rail Transport) Act 2010 would ordinarily declare a commencement date or bring provisions into force, yet the reproduced text contains only metadata and status information, rendering it impossible to determine what legal effect this instrument actually produces."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version ('Version current from 15 December 2010 to date (accessed 8 April 2026 at 1:36)')","section_b":"Authorisation ('File last modified 13 August 2018')","confidence":0.5,"description":"The instrument simultaneously claims to be current up to April 2026 and to have been last modified in August 2018. These two representations are in tension: if the file reflecting the current version was last modified in 2018, the assertion of currency to 2026 is either unsupported or the modification timestamp is inaccurate."},{"severity":"high","section_a":"Title block ('Proclamation under the Dangerous Goods (Road and Rail Transport) Act 2010')","section_b":"Document body (entirely absent operative provisions)","confidence":0.68,"description":"The instrument is titled as a proclamation — a formal executive act exercising statutory power — but the body of the document as reproduced contains no operative legal text. The title and the content are fundamentally contradictory: the former asserts legal effect while the latter provides none."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-dangerous-goods-road-and-rail-transport-act-2010","history":"/api/acts/proclamation-under-the-dangerous-goods-road-and-rail-transport-act-2010/history","analysis":"/api/acts/proclamation-under-the-dangerous-goods-road-and-rail-transport-act-2010/analysis","conflicts":"/api/acts/proclamation-under-the-dangerous-goods-road-and-rail-transport-act-2010/conflicts","importantCases":"/api/acts/proclamation-under-the-dangerous-goods-road-and-rail-transport-act-2010/important-cases","documents":"/api/acts/proclamation-under-the-dangerous-goods-road-and-rail-transport-act-2010/documents"}}