{"id":"tas:sr-2005-041","name":"Proclamation under the Electricity Supply Industry Amendment Act 2003","slug":"proclamation-under-the-electricity-supply-industry-amendment-act-2003","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"41 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":317808,"registerId":"tas-tas:sr-2005-041-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Electricity Supply Industry Amendment Act 2003","content":"> Proclamation under the Electricity Supply Industry Amendment Act 2003\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-2003-016#GS2@EN) [Electricity Supply Industry Amendment Act 2003](/view/html/inforce/2026-04-12/act-2003-016) fix the day on which the *Electricity - National Scheme (Tasmania) Act 1999* commences as the day on which Part 3 and sections 33, 35, 36 and 37 of the *Electricity Supply Industry Amendment Act 2003* commence.\n\n12 May 2005\n\nW. J. E. COX\n\nGovernor\n\nBy His Excellency's Command,\n\nP. A. LENNON\n\nTreasurer\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 18 May 2005\n\nThis proclamation is administered in the Department of Treasury and Finance.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the function intended — it triggers commencement of specific provisions upon the commencement of another Act. There is no scope creep; it is a precise, time-limited administrative instrument."},"complexity_factors":["Single operative provision with straightforward conditional commencement mechanism","Only 4 specific sections and one Part referenced — no extensive cross-referencing","No defined terms within the instrument itself (relies on external Act names)","No exceptions, exemptions, or conditional logic beyond the single trigger event","Standard proclamation format following Tasmanian constitutional conventions"],"plain_english_summary":"**What this is:** A formal government notice (proclamation) that sets the start date for specific parts of a Tasmanian electricity law.\n\n**What it does:**\n- **Activates delayed sections** of the *Electricity Supply Industry Amendment Act 2003* — specifically Part 3 and sections 33, 35, 36 and 37\n- **Links two laws together:** These provisions only start when another law — the *Electricity - National Scheme (Tasmania) Act 1999* — begins operation\n- **Sets the trigger:** The 2003 amendments \"go live\" on the same day the 1999 National Scheme Act commences (which happened to be 12 May 2005, the date of this proclamation)\n\n**Who it affects:**\n- Tasmanian electricity retailers, generators, and network businesses\n- Consumers (indirectly), as this brings Tasmania into the national electricity market framework\n\n**Why it matters:**\nThis is the legal mechanism that connected Tasmania's electricity system to the **National Electricity Market (NEM)** — the wholesale market covering eastern Australia. Before this proclamation, Tasmania operated as an isolated system. After this date, Tasmanian electricity could be traded across Basslink (the undersea cable to Victoria) and participate in the national market rules.\n\n**In simple terms:** Think of this as the \"on switch\" that plugged Tasmania into the mainland electricity grid's trading system."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation of this type is purely a commencement mechanism — it does not alter, expand, or reduce the scope of the parent Act. It simply triggers what the legislature already intended when passing the Electricity Supply Industry Amendment Act 2003."},"complexity_factors":["The document itself is extremely brief and administrative in nature — it is a commencement instrument, not substantive law","Its meaning depends entirely on the parent Act (Electricity Supply Industry Amendment Act 2003), which is not reproduced here","The electricity industry regulatory framework it relates to can be complex, but this instrument does not engage with that complexity directly","Minimal legislative content to analyse — mostly metadata and status information"],"plain_english_summary":"This proclamation formally brought the Electricity Supply Industry Amendment Act 2003 (Tas.) into force on 18 May 2005. Its practical effect is to activate the amendments to Tasmania’s electricity law, affecting generators, distributors, retailers and, indirectly, electricity consumers. The document’s significance is procedural: it switches the parent legislation on rather than creating new policy itself."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"A document that was last modified in 2017 cannot credibly assert currency through 2026 without further modification. While a proclamation may remain operative without amendment, the metadata is internally inconsistent in implying ongoing maintenance while showing no updates for approximately 9 years.","confidence":0.55,"description":"The document states it is 'current from 18 May 2005 to date (accessed 8 April 2026 at 2:42)' while simultaneously stating 'File last modified 5 July 2017'. If the file was last modified in 2017, the claim of currency 'to date' (2026) is not substantiated by any actual legislative update activity."},{"type":"other","section":"Status Information - Currency of version","severity":"medium","reasoning":"Proclamations under Australian statutory interpretation principles are generally spent instruments once the commencement date is declared. A mechanism for amendment presupposes ongoing operative content. The table of amending instruments implies substantive content capable of amendment, contradicting the nature of the instrument itself.","confidence":0.65,"description":"The document is a Proclamation — an instrument that fixes a date for the commencement of an Act. A Proclamation is typically a one-time operative instrument with no substantive operative provisions of its own that could be 'amended'. The existence of a 'Table of Amending Instruments' hyperlink is therefore anomalous, as it implies the Proclamation itself has been amended, which is a logical absurdity for an instrument whose sole function is to declare a commencement date."}],"contradictions":[{"severity":"low","section_a":"Currency of version: 'Version current from 18 May 2005 to date (accessed 8 April 2026 at 2:42)'","section_b":"Authorisation: 'File last modified 5 July 2017'","confidence":0.6,"description":"The document asserts ongoing currency through 8 April 2026, yet the file modification date of 5 July 2017 suggests no update has occurred for approximately nine years. The representation of currency 'to date' is contradicted by the static modification timestamp, undermining the reliability of the currency claim."},{"severity":"low","section_a":"Status Information: 'Legislation on this site is usually updated within 3 working days after a change to the legislation.'","section_b":"Authorisation: 'File last modified 5 July 2017'","confidence":0.45,"description":"The promise of updates within 3 working days of any legislative change is contradicted by the file last modified date of 5 July 2017, implying either no changes have occurred in approximately 9 years (plausible for a spent proclamation but unverifiable from the document) or that the update commitment has not been honoured."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation does not alter the substantive scope or content of the underlying Acts; it only sets the date on which the Electricity - National Scheme (Tasmania) Act 1999 becomes operative to coincide with the commencement of Part 3 and ss33, 35, 36 and 37 of the Electricity Supply Industry Amendment Act 2003 (see s2 authority)."},"complexity_factors":["Limited substantive content — instrument only fixes a commencement date rather than changing substantive law.","Cross-references multiple Acts and specific provisions (Electricity - National Scheme (Tasmania) Act 1999; Electricity Supply Industry Amendment Act 2003 Part 3 and ss33, 35–37).","Legal technicality — relies on executive power under s2 of the Amendment Act to set commencement timing.","Administrative dependency — requires coordination by the Department of Treasury and Finance once the date is fixed.","Low stakeholder decision-making complexity — timing set by Governor with Executive Council advice rather than through further legislative steps."],"plain_english_summary":"This proclamation, made under section 2 of the Electricity Supply Industry Amendment Act 2003, fixes the commencement day of the Electricity - National Scheme (Tasmania) Act 1999 to be the same day that Part 3 and sections 33, 35, 36 and 37 of the Electricity Supply Industry Amendment Act 2003 commence. The Governor, acting with the advice of the Executive Council, makes the timing decision; the proclamation makes the duties, powers and compliance timings in the 1999 Act operative on that day and is administered by the Department of Treasury and Finance."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-electricity-supply-industry-amendment-act-2003","history":"/api/acts/proclamation-under-the-electricity-supply-industry-amendment-act-2003/history","analysis":"/api/acts/proclamation-under-the-electricity-supply-industry-amendment-act-2003/analysis","conflicts":"/api/acts/proclamation-under-the-electricity-supply-industry-amendment-act-2003/conflicts","importantCases":"/api/acts/proclamation-under-the-electricity-supply-industry-amendment-act-2003/important-cases","documents":"/api/acts/proclamation-under-the-electricity-supply-industry-amendment-act-2003/documents"}}