{"id":"tas:sr-2024-024","name":"Proclamation under the Electoral Disclosure and Funding Act 2023","slug":"proclamation-under-the-electoral-disclosure-and-funding-act-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"24 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177027,"registerId":"tas-tas:sr-2024-024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Electoral Disclosure and Funding Act 2023","content":"> Proclamation under the Electoral Disclosure and Funding Act 2023\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-2023-037#GS2@EN) [Electoral Disclosure and Funding Act 2023](/view/html/inforce/2026-04-12/act-2023-037)  –\n\n> > (a) fix 1 July 2024 as the day on which Part 1 and sections 5 and 180 of that Act commence; and\n> \n> > (b) fix 1 July 2025 as the day on which the provisions of that Act, other than Part 1 and sections 5 and 180, commence.\n\n20 June 2024\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nGUY BARNETT\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 26 June 2024\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 change the substantive scope or content of the Electoral Disclosure and Funding Act 2023. It only fixes commencement dates: Part 1 and sections 5 and 180 from 1 July 2024, and the remainder from 1 July 2025. No provisions of the Act were amended or omitted by this proclamation."},"complexity_factors":["Instrument is a simple commencement proclamation (no substantive amendments).","Only two commencement dates are fixed, limiting sequencing complexity.","References specific sections (Part 1, s5, s180) requiring cross-checking with the Act.","Administrative coordination required between government agencies and regulated entities for phased start.","No new regulatory mechanisms or discretion introduced in the proclamation itself."],"plain_english_summary":"Mechanically, this proclamation sets the start dates for the Electoral Disclosure and Funding Act 2023: Part 1 and sections 5 and 180 commence on 1 July 2024, and the remaining provisions commence on 1 July 2025. The Governor made the proclamation on the advice of the Executive Council.\n\nThis matters to parties, candidates, donors and regulators because it fixes when legal obligations and reporting duties begin; affected parties will bear the compliance costs and must adjust behaviour to the Act’s timetable for reporting, disclosure and enforcement."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"high","reasoning":"A proclamation with no operative provisions cannot meaningfully be 'current' or have any legal effect. The instrument appears to contain only its own status information and no substantive text, rendering it legally vacuous while purporting to be a valid statutory instrument.","confidence":0.85,"description":"The document states it was accessed on 5 April 2026, yet the file was last modified on 26 June 2024. The proclamation purports to be 'current to date' as of April 2026, but there is no legislative content whatsoever in the instrument — only metadata and navigation boilerplate."},{"type":"impossible_compliance","section":"Table of Amending Instruments","severity":"medium","reasoning":"If the proclamation contains no substantive content, any amending instruments referenced in the Table of Amendments would have nothing to operate upon, making the existence of amendments an absurdity.","confidence":0.75,"description":"The document references a Table of Amendments for an instrument that contains no operative provisions to amend. Amendments to a content-free proclamation are logically impossible."},{"type":"other","section":"Title / Heading structure","severity":"low","reasoning":"While likely a rendering or publication artefact, duplicated headings in a legal instrument can create interpretive uncertainty under the Acts Interpretation Act 1931 (Tas) where headings may inform meaning. Multiple conflicting instances of the same heading undermine the instrument's formal integrity.","confidence":0.8,"description":"Every heading in the document is duplicated verbatim (e.g. 'Proclamation under the Electoral Disclosure and Funding Act 2023' appears four times; 'Status Information' appears four times; 'Currency of version' appears four times). This recursive self-duplication has no legislative purpose and creates ambiguity as to which instance constitutes the authoritative title."},{"type":"impossible_compliance","section":"Entire instrument","severity":"high","reasoning":"Under Tasmanian legislative drafting conventions and the Acts Interpretation Act 1931 (Tas), a proclamation must at minimum identify the Act or provisions being commenced and the date of commencement. An instrument lacking these elements cannot discharge the legal function of a proclamation, yet it has been formally registered and gazetted as one (sr-2024-024).","confidence":0.88,"description":"The instrument is a 'Proclamation' — a form of subordinate legislation used to bring Acts into force or designate operative dates — yet it contains no commencement date, no operative clause, and no reference to which provisions of the Electoral Disclosure and Funding Act 2023 are being proclaimed into force. A proclamation with no proclamatory content is a logical nullity."}],"contradictions":[{"severity":"medium","section_a":"Status Information - Currency of version (access date: 5 April 2026)","section_b":"Authorisation - File last modified 26 June 2024","confidence":0.78,"description":"The document claims to be the current version as accessed on 5 April 2026, implying it reflects any changes up to that date. However, the authorisation block states the file was last modified on 26 June 2024 — nearly two years earlier. These two statements are irreconcilable if any amendments occurred between June 2024 and April 2026, which the Table of Amending Instruments implies may be the case."},{"severity":"low","section_a":"Currency statement: 'Legislation on this site is usually updated within 3 working days after a change to the legislation'","section_b":"File last modified 26 June 2024 (with access date of 5 April 2026)","confidence":0.65,"description":"The site's own currency guarantee promises updates within 3 working days of any legislative change. Yet the file modification date has not advanced beyond June 2024 despite nearly two years elapsing. Either no amendments have occurred (contradicting the existence of an Amending Instruments table) or the 3-working-day update commitment has not been met."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation is a narrow administrative instrument used solely to commence legislation or provisions of legislation. It does not alter the scope of the parent Act. The Electoral Disclosure and Funding Act 2023 retains whatever scope Parliament originally intended; this document merely sets the date that scope becomes operative."},"complexity_factors":["The document itself is procedurally simple — it is a Proclamation (a commencement notice), not the substantive Act","Very limited operative content is visible in the provided text — mostly metadata and status information","The underlying Electoral Disclosure and Funding Act 2023 would score significantly higher in complexity, but that is not the document being assessed","No complex definitions, schedules, or cross-referencing provisions are present in this instrument"],"plain_english_summary":"This Proclamation brings the Electoral Disclosure and Funding Act 2023 into force from 26 June 2024, making Tasmania’s new rules on political donations and campaign finance legally effective.  \n\nIt affects political parties, candidates, donors, associated entities and third‑party campaigners — meaning donations and campaign funding will be subject to public reporting and regulated limits/conditions so the public can see who is financing politics."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument performing exactly the function intended — specifying when an Act comes into force. No scope creep."},"complexity_factors":["Single operative provision with two straightforward commencement dates","No defined terms within the instrument itself (relies on external Act)","No conditional logic, exceptions, or cross-references beyond the basic citation","Total length: 4 substantive sentences","Standard proclamation format used routinely across all Australian jurisdictions"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a new law into force on specific dates.\n\n**What it does:**\n- The *Electoral Disclosure and Funding Act 2023* (Tasmanian legislation about political donations and election funding) doesn't automatically start working when passed. Someone needs to officially \"switch it on.\"\n- This proclamation, signed by the Governor of Tasmania on 20 June 2024, does exactly that — but in two stages:\n  - **1 July 2024**: The title, definitions, and one technical section (section 180) start working.\n  - **1 July 2025**: Everything else in the Act begins.\n\n**Who it affects:**\n- Political parties, candidates, and donors in Tasmania (they need to know when the new donation disclosure rules kick in).\n- The Tasmanian Electoral Commission (they need to prepare systems for the new rules).\n\n**Why it matters:**\n- Staged commencement is common for complex laws. The early start for Part 1 allows definitions and preliminary machinery to be ready before the substantive rules (donation caps, disclosure thresholds, public funding) begin a year later."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-electoral-disclosure-and-funding-act-2023","history":"/api/acts/proclamation-under-the-electoral-disclosure-and-funding-act-2023/history","analysis":"/api/acts/proclamation-under-the-electoral-disclosure-and-funding-act-2023/analysis","conflicts":"/api/acts/proclamation-under-the-electoral-disclosure-and-funding-act-2023/conflicts","importantCases":"/api/acts/proclamation-under-the-electoral-disclosure-and-funding-act-2023/important-cases","documents":"/api/acts/proclamation-under-the-electoral-disclosure-and-funding-act-2023/documents"}}