{"id":"tas:sr-2010-139","name":"Proclamation under the Electronic Transactions Amendment Act 2010","slug":"proclamation-under-the-electronic-transactions-amendment-act-2010","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"139 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314825,"registerId":"tas-tas:sr-2010-139-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Electronic Transactions Amendment Act 2010","content":"> Proclamation under the Electronic Transactions Amendment 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-2010-029#GS2@EN) [Electronic Transactions Amendment Act 2010](/view/html/inforce/2026-04-12/act-2010-029) fix 1 January 2011 as the day on which the provisions of that Act commence.\n\n17 December 2010\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nLARA GIDDINGS\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 29 December 2010\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"A commencement proclamation by definition does not change the scope of the legislation it activates — it simply determines when that legislation takes effect. There is no indication of any deviation from the original intent of the Electronic Transactions Amendment Act 2010."},"complexity_factors":["The document is a bare proclamation with minimal substantive content — it simply fixes a commencement date","No operative provisions, definitions, or legal obligations are contained within the proclamation itself","The underlying amendment it activates is not reproduced here, so the actual legal changes are not visible in this document","No ambiguous language or competing legal interpretations to navigate"],"plain_english_summary":"This Proclamation sets 29 December 2010 as the day the Electronic Transactions Amendment Act 2010 came into force in Tasmania. It simply activates the amending law so its updated rules on electronic transactions, electronic signatures and digital dealings operate from that date.\n\nIt affects Tasmanian individuals, businesses and government bodies that use or accept electronic communications and signatures — its importance is procedural: it makes the Act legally effective."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard 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 empowering section","Standard proclamation format with no conditional logic or exceptions","Total length: approximately 150 words"],"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 *Electronic Transactions Amendment Act 2010* (Tasmania) starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (Peter G. Underwood), acting on advice from the **Executive Council** (the state's top decision-making body).\n- Signed off by **Lara Giddings**, then Minister for Justice.\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically start working immediately. This proclamation officially \"switches on\" the amended electronic transactions law, telling businesses, government agencies, and the public when the new rules apply.\n- Without this document, the Act would remain inactive even after passing Parliament.\n\n**Key detail:**\n- The proclamation was made on **17 December 2010** but published in the *Gazette* on **29 December 2010**, giving a few days' notice before the 1 January 2011 start date."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The 'current from' date (2010) and the file modification date (2017) are potentially reconcilable if the modification was administrative rather than substantive, but the document provides no explanation, creating ambiguity about whether the legislation's substantive content was altered without updating the currency statement.","confidence":0.45,"description":"The legislation states it is 'current from 29 December 2010 to date (accessed 8 April 2026 at 1:36)' yet the file was last modified on 5 July 2017. If the legislation has been current and unchanged since 2010 but the file was modified in 2017, there is an unexplained discrepancy between the stated currency period and the modification history."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A 2017 file modification that is unexplained against a 2010 currency date suggests either an undisclosed amendment (violating the 3-day update promise) or a non-substantive change that is indistinguishable from a substantive one on the face of the document.","confidence":0.4,"description":"The document states legislation is 'usually updated within 3 working days after a change to the legislation,' yet this proclamation appears to have had no recorded substantive amendments despite a file modification in 2017. The update guarantee is rendered meaningless if modifications are made without triggering the disclosure mechanism."},{"type":"other","section":"Entire document - structural","severity":"medium","reasoning":"Legislative instruments must be clear and unambiguous. Duplicated headings and section titles, even if attributable to a rendering error, are part of the official published version and could cause interpretive difficulties if a court or administrator needed to rely on the document's structure to resolve a dispute.","confidence":0.7,"description":"The document extensively duplicates its own headings, sections, and content (e.g., 'Proclamation under the Electro Proclamation under the Electronic Transactions Amendment Act 2010', 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). As a legislative instrument, internal duplication of operative text creates ambiguity about which instance is authoritative."},{"type":"other","section":"Responsible Minister and Department","severity":"low","reasoning":"While referencing external instruments for administrative arrangements is common legislative drafting practice, a proclamation that cannot identify its own responsible minister on its face creates accountability ambiguity, particularly where the Administrative Arrangement Order may have changed multiple times since 2010.","confidence":0.5,"description":"The provision directs readers to 'See the latest Administrative Arrangement Order' without specifying which order or providing any fixed reference point, meaning the identity of the responsible minister is entirely ambulatory and unknowable from the face of the instrument itself."}],"contradictions":[{"severity":"medium","section_a":"Status Information - Currency of version ('current from 29 December 2010 to date')","section_b":"Authorisation ('File last modified 5 July 2017')","confidence":0.6,"description":"The document simultaneously asserts it has been current and in force in its present form since 29 December 2010, while also disclosing that the file was modified on 5 July 2017. These two statements are in tension: if the file was modified in 2017, the content may not be identical to that operative from 2010, yet no amendment is reflected in the currency statement or the Table of Amending Instruments."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the scope or substance of the Electronic Transactions Amendment Act 2010; it only fixes the Act's commencement date (1 January 2011) and records administrative details (notification and administering department)."},"complexity_factors":["Single administrative action: sets a commencement date rather than creating new rules","Narrow legal effect limited to bringing an existing Act into force","Clear decision-maker: Governor acted on Executive Council advice (cit. s.2 of the Amendment Act)","Minimal compliance burden: no new obligations or regulatory frameworks in the proclamation text","Simple publication/notification steps: Gazette notice and departmental administration noted","No substantive amendment or scope alteration in the proclamation itself"],"plain_english_summary":"This proclamation, made by the Governor with Executive Council advice under section 2 of the Electronic Transactions Amendment Act 2010, fixes 1 January 2011 as the date the Amendment Act commences. It brings the Amending Act's changes into force in Tasmania, affecting Tasmanian persons and organisations that rely on the state’s electronic transactions rules. The proclamation itself only sets the commencement date; it does not alter the substance of the Amendment Act."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-electronic-transactions-amendment-act-2010","history":"/api/acts/proclamation-under-the-electronic-transactions-amendment-act-2010/history","analysis":"/api/acts/proclamation-under-the-electronic-transactions-amendment-act-2010/analysis","conflicts":"/api/acts/proclamation-under-the-electronic-transactions-amendment-act-2010/conflicts","importantCases":"/api/acts/proclamation-under-the-electronic-transactions-amendment-act-2010/important-cases","documents":"/api/acts/proclamation-under-the-electronic-transactions-amendment-act-2010/documents"}}