{"id":"tas:sr-2001-047","name":"Proclamation under the Electronic Transactions Act 2000","slug":"proclamation-under-the-electronic-transactions-act-2000","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"47 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318706,"registerId":"tas-tas:sr-2001-047-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Electronic Transactions Act 2000","content":"> Proclamation under the Electronic Transactions Act 2000\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-2000-075#GS2@EN) [Electronic Transactions Act 2000](/view/html/inforce/2026-04-12/act-2000-075) fix 1 June 2001 as the day on which the provisions of that Act commence.\n\n14 May 2001\n\nG. S. M. GREEN\n\nGovernor\n\nBy His Excellency's Command,\n\nPAULA WRIEDT\n\nFor and on Behalf of the Minister for Justice and Industrial 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 23 May 2001\n\nThis proclamation is administered in the Department of Justice and Industrial Relations.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation is typically a fixed instrument. Claiming it is 'current to date' across a 25-year span while also recording a 2024 modification suggests the instrument has been amended, yet the body of the proclamation contains no substantive provisions whatsoever — raising the question of what was actually modified and what the instrument actually does.","confidence":0.55,"description":"The document states it is 'current from 23 May 2001 to date (accessed 8 April 2026 at 3:11)' while also stating the file was 'last modified 9 December 2024'. A proclamation under an Electronic Transactions Act that has apparently required modification 23 years after its commencement, yet still claims currency 'to date', creates an internally inconsistent temporal claim."},{"type":"impossible_compliance","section":"Entire instrument","severity":"high","reasoning":"A proclamation under the Electronic Transactions Act 2000 would ordinarily declare certain transactions, matters, or exemptions operative under that Act. Without any substantive text, no person or body can determine what conduct is required, permitted, or prohibited. The instrument is legally extant but functionally void of enforceable content.","confidence":0.85,"description":"The proclamation contains no operative provisions whatsoever. The entire substantive body of the instrument is absent. It is a legally binding instrument with a title, status metadata, and administrative details, but no actual legal content — making compliance with it simultaneously mandatory and impossible to ascertain."},{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"If the instrument was last modified in December 2024 and accessed in April 2026 with no intervening updates, either no changes occurred (making the modification note misleading) or changes occurred but were not published within 3 working days (breaching the stated currency standard). Either way the metadata is internally inconsistent.","confidence":0.65,"description":"The legislation states it is 'usually updated within 3 working days after a change to the legislation', yet the file was last modified on 9 December 2024 while the access date is recorded as 8 April 2026 — a gap of approximately 16 months with no apparent update, directly contradicting the 3-working-day currency promise."},{"type":"other","section":"Document structure - entire instrument","severity":"low","reasoning":"While likely a rendering or scraping artefact, in strict legislative interpretation terms, duplicated headings in an authoritative consolidated version could create ambiguity about the instrument's proper structure. Courts construing the instrument would face a document that appears to contradict the principle that legislative text should not be surplusage.","confidence":0.4,"description":"Every heading in the document appears to be duplicated verbatim (e.g., 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). A legislative instrument that structurally duplicates all its own headings raises questions about which version of each heading is authoritative."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version ('usually updated within 3 working days')","section_b":"Authorisation ('File last modified 9 December 2024')","confidence":0.6,"description":"The currency statement implies the instrument reflects changes within 3 working days, but juxtaposed with an access date of 8 April 2026, the December 2024 modification date suggests either a 16-month publication lag or that the 3-working-day standard applies only to legislative changes rather than file-level modifications — a distinction the instrument does not draw."},{"severity":"high","section_a":"Title ('Proclamation under the Electronic Transactions Act 2000')","section_b":"Entire body of instrument (no operative provisions present)","confidence":0.8,"description":"The title asserts this is a legally operative proclamation under the Electronic Transactions Act 2000, implying substantive legal effect. The body contradicts this by containing no operative text, creating a direct contradiction between the instrument's claimed legal character and its actual content."}]},"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 the parent Act into force on a specified date. No scope creep."},"complexity_factors":["Single operative provision: fixes one commencement date","No defined terms","No cross-references to other legislation (except citation of the parent Act)","No conditional logic or exceptions","Standard proclamation format — essentially a template with blanks filled in"],"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 June 2001** as the date when Tasmania's *Electronic Transactions Act 2000* officially starts operating.\n- Without this proclamation, the Act would remain on the shelf — passed by Parliament but not yet active.\n\n**Who it affects:**\n- Anyone in Tasmania who wants to use electronic signatures, emails, or other digital methods to satisfy legal requirements (like signing contracts or giving notices).\n- Businesses, government agencies, and individuals who previously needed paper documents to meet legal obligations.\n\n**Why it matters:**\n- This proclamation flipped the switch on Tasmania's electronic commerce laws, making digital transactions legally valid across the state.\n- It gave legal certainty that electronic communications could satisfy requirements that previously demanded \"writing,\" \"signatures,\" or \"documents\" in physical form."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no indication that the scope of this Proclamation has changed from its original intent. It appears to have served its purpose as a commencement or activation instrument for the Electronic Transactions Act 2000 and has remained unchanged since 23 May 2001, aside from a file modification noted in December 2024 which likely reflects an administrative or formatting update rather than a substantive change."},"complexity_factors":["Extremely limited substantive content — the document is largely metadata and administrative status information rather than operative legal provisions","The underlying Act (Electronic Transactions Act 2000) has its own complexity, but the Proclamation itself is a simple commencement instrument","No detailed conditions, exemptions, or operative clauses are visible in the provided text","Standard form Proclamation with minimal interpretive ambiguity"],"plain_english_summary":"This Proclamation by the Governor of Tasmania brings the Electronic Transactions Act 2000 into operation, formally confirming that electronic signatures, digital records and online communications are legally recognised in Tasmania. \n\nIt affects businesses, individuals and government agencies using or relying on electronic transactions, providing legal certainty for contracts and digital records; it has been in force since 23 May 2001."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope of the Electronic Transactions Act 2000; it only activates the Act by fixing its commencement date under section 2. It contains administrative details (signing, notification, administering department) but introduces no new legal obligations or exemptions."},"complexity_factors":["Single, discrete legal effect: fixes a commencement date rather than creating new obligations","Short formal instrument with few operative clauses","Relies on an external statute (Electronic Transactions Act 2000) and section 2 to produce legal effect","No substantive regulatory detail, fees, penalties, or compliance procedures included","Administrative metadata included (signatures, Gazette notification, administering department)"],"plain_english_summary":"This proclamation, made by the Governor of Tasmania under section 2 of the Electronic Transactions Act 2000, sets 1 June 2001 as the day that Act begins to operate in Tasmania. It records signing and Gazette notification dates and states the Department of Justice and Industrial Relations administers the proclamation."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-electronic-transactions-act-2000","history":"/api/acts/proclamation-under-the-electronic-transactions-act-2000/history","analysis":"/api/acts/proclamation-under-the-electronic-transactions-act-2000/analysis","conflicts":"/api/acts/proclamation-under-the-electronic-transactions-act-2000/conflicts","importantCases":"/api/acts/proclamation-under-the-electronic-transactions-act-2000/important-cases","documents":"/api/acts/proclamation-under-the-electronic-transactions-act-2000/documents"}}