{"id":"tas:sr-2013-053","name":"Proclamation under the Duties Act 2001","slug":"proclamation-under-the-duties-act-2001","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"53 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187773,"registerId":"tas-tas:sr-2013-053-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Duties Act 2001","content":"> Proclamation under the Duties Act 2001\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 227(1)(d) of the](/view/html/inforce/2026-04-12/act-2001-015#GS227@Gs1@Hpd@EN) [Duties Act 2001](/view/html/inforce/2026-04-12/act-2001-015)  –\n\n> > (a) amend the proclamation notified in the *Gazette* as Statutory Rules 2001, No. 76, by omitting subparagraph (va) of paragraph (a); and\n> \n> > (b) declare that this proclamation takes effect on 1 July 2013.\n\n26 June 2013\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nS. BACON\n\nMinister for Finance\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 28 June 2013\n\nThis proclamation is administered in the Department of Treasury and Finance.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content is present in the provided text to determine whether the scope of this proclamation changed from any original intent. Only administrative metadata is available — no operative provisions, explanatory memoranda, or amendment history details are included."},"complexity_factors":["The document as provided contains only metadata and administrative information — no substantive legal provisions are present to analyse","Proclamations under the Duties Act can vary in complexity depending on what they bring into force or modify, but none of that content is available here","The Duties Act 2001 itself is a complex piece of legislation, but this proclamation's relationship to it cannot be assessed from the provided text","Minimal textual content means very low analytical complexity for this specific document"],"plain_english_summary":"This is a Tasmanian government proclamation made under the Duties Act 2001, bringing into effect measures relating to stamp duty. It has been in force since 1 July 2013 and amended at least once. It potentially affects anyone liable for duty in Tasmania — notably home buyers, property investors and businesses — but the proclamation’s substantive text is not provided, so specific impacts can’t be determined."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"high","reasoning":"A proclamation that contains no operative legal content cannot logically be 'current' in any meaningful sense. Currency implies there is substantive law being maintained, but the document consists entirely of metadata, navigation elements, and status information. There is nothing to be current.","confidence":0.92,"description":"The proclamation states it is 'current from 1 July 2013 to date' while also stating the file was last modified 13 August 2018, yet the document contains no substantive operative provisions whatsoever."},{"type":"other","section":"Status Information - Currency of version (repeated)","severity":"medium","reasoning":"A website maintenance disclaimer about update turnaround times has been reproduced as if it constitutes part of the consolidated legislative instrument. This creates a logical absurdity where administrative web housekeeping becomes apparently incorporated into the legislative record of a Proclamation under the Duties Act 2001.","confidence":0.88,"description":"The statement 'Legislation on this site is usually updated within 3 working days after a change to the legislation' appears multiple times as if it is itself legislative content, when it is merely a website maintenance disclaimer."},{"type":"impossible_compliance","section":"Entire Document","severity":"high","reasoning":"A Proclamation is an executive instrument that must contain operative content to have legal effect — typically declaring something, appointing someone, or bringing provisions into force. A proclamation with no operative text cannot be complied with, applied, or interpreted. Any obligation or right purportedly arising from it is logically indeterminate.","confidence":0.95,"description":"The document purports to be a legally operative Proclamation under the Duties Act 2001 but contains zero operative provisions, definitions, schedules, or any substantive legal content. It is a shell instrument."},{"type":"other","section":"Title / Heading structure","severity":"low","reasoning":"Repeated identical headings at different hierarchical levels create ambiguity about document structure. While this is likely a rendering artefact, in a consolidated legal instrument the heading hierarchy is used to interpret the scope and relationship of provisions. Duplicate headings with no distinguishing content undermine that interpretive function.","confidence":0.8,"description":"The document title 'Proclamation under the Duties Act 2001' is repeated at least four times across different heading levels (H1, H2, and body text), suggesting structural duplication that makes it impossible to identify the authoritative title of the instrument."},{"type":"other","section":"Authorisation","severity":"high","reasoning":"Authorisation sections in statutory instruments under Australian drafting conventions should identify who authorised the instrument and under what power. Substituting a file modification timestamp for this information means the instrument lacks any identifiable authorisation chain, rendering it impossible to verify its legal validity or chain of delegation from the Governor or relevant authority.","confidence":0.91,"description":"The 'Authorisation' section, which in legislative instruments typically identifies the authorising officer or mechanism, contains only the text 'File last modified 13 August 2018' — a file system metadata timestamp, not a legal authorisation."}],"contradictions":[{"severity":"medium","section_a":"Status Information - 'Version current from 1 July 2013 to date (accessed 5 April 2026 at 18:45)'","section_b":"Authorisation - 'File last modified 13 August 2018'","confidence":0.75,"description":"The document claims to be current and unmodified as at April 2026, yet also discloses a file modification date of August 2018, raising an internal inconsistency about whether the instrument has been altered after its stated commencement."},{"severity":"low","section_a":"Table of Amending Instruments - '(click to view Table of Amendments)'","section_b":"Status Information - 'Version current from 1 July 2013 to date'","confidence":0.7,"description":"The existence of a Table of Amendments hyperlink implies that amendments exist or may exist, directly contradicting the implication of the version statement that the instrument has been continuously 'current' in the same form since 1 July 2013. If no amendments exist the table is superfluous; if amendments exist the version statement is misleading."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The proclamation alters the scope of the 2001 proclamation by omitting subparagraph (va) of paragraph (a) of Statutory Rules 2001 No. 76, with effect from 1 July 2013 (made under s227(1)(d) of the Duties Act 2001). The exact change to affected persons, transactions or duties cannot be determined from this document alone because the omitted text is not reproduced here."},"complexity_factors":["Single, narrow textual amendment: omission of one subparagraph (va) of paragraph (a).","Relies on cross-reference to an earlier instrument (Statutory Rules 2001 No. 76) to determine substantive effect.","Uses delegated executive power under a specific statute (s227(1)(d) of the Duties Act 2001).","No substantive detail of the omitted text included here, creating an interpretive dependency on external material.","Administrative details minimal (effective date provided; administered by Department of Treasury and Finance)."],"plain_english_summary":"This proclamation, made by the Governor with the advice of the Executive Council under section 227(1)(d) of the Duties Act 2001, amends an earlier proclamation (Statutory Rules 2001 No. 76) by removing subparagraph (va) of paragraph (a) and declares the change takes effect on 1 July 2013.\n\nIt changes the legal treatment of whoever was covered by that subparagraph; the precise effect on duties liability, exemptions or obligations requires checking the omitted subparagraph in the original 2001 instrument. The Department of Treasury and Finance administers the proclamation."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This proclamation performs a narrow, technical amendment exactly as authorised by section 227(1)(d) of the Duties Act 2001. It does not expand the scope of the legislation; it merely removes one specific subparagraph from an earlier proclamation."},"complexity_factors":["Extremely short document (under 200 words)","Only two operative provisions: one deletion and one commencement date","No defined terms within the document itself","No conditional logic or nested exceptions","Single cross-reference to the parent Act (section 227(1)(d)) and to the earlier proclamation being amended","Straightforward administrative action with no substantive policy complexity"],"plain_english_summary":"This is a short official announcement (called a 'proclamation') made by the Tasmanian Governor in 2013 under the Duties Act 2001.\n\n**What it does:**\n- **Removes a specific rule:** It deletes one particular sub-rule (called 'subparagraph (va)') from an earlier proclamation made back in 2001. That 2001 proclamation set out various rules about duties (taxes) under the Act.\n- **Sets a start date:** It declares that this change takes effect on 1 July 2013.\n\n**Who it affects:**\n- People or businesses in Tasmania who pay duties (stamp duties and similar taxes) under the Duties Act 2001, particularly those who were affected by the specific rule being removed.\n\n**Why it matters:**\n- It tidies up the tax rules by removing an outdated or unnecessary provision. Without seeing the original 2001 proclamation, we can't say exactly what (va) covered, but its removal likely simplified the duties system or removed a concession/exemption that was no longer needed."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-duties-act-2001","history":"/api/acts/proclamation-under-the-duties-act-2001/history","analysis":"/api/acts/proclamation-under-the-duties-act-2001/analysis","conflicts":"/api/acts/proclamation-under-the-duties-act-2001/conflicts","importantCases":"/api/acts/proclamation-under-the-duties-act-2001/important-cases","documents":"/api/acts/proclamation-under-the-duties-act-2001/documents"}}