{"id":"tas:sr-2003-136","name":"Proclamation under the Human Cloning and Other Prohibited Practices Act 2003","slug":"proclamation-under-the-human-cloning-and-other-prohibited-practices-act-2003","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"136 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318186,"registerId":"tas-tas:sr-2003-136-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Human Cloning and Other Prohibited Practices Act 2003","content":"> Proclamation under the Human Cloning and Other Prohibited Practices 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 *Human Cloning and Other Prohibited Practices Act 2003* fix 1 December 2003 as the day on which the provisions of that Act commence.\n\n17 November 2003\n\nRICHARD BUTLER\n\nGovernor\n\nBy His Excellency's Command,\n\nD. E. LLEWELLYN\n\nMinister for Health and Human Services\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 November 2003\n\nThis proclamation is administered in the Department of Health and Human Services.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument with no substantive scope. It performs exactly the limited function it was designed for: bringing the parent Act into force on a specified date."},"complexity_factors":["Single operative provision (fixing the commencement date)","No defined terms","No cross-references to other legislation (except citation of the parent Act and Rules Publication Act)","No conditional logic or exceptions","Standard proclamation format — essentially a template document"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into force.\n\n**What it does:**\n- Sets **1 December 2003** as the date when the *Human Cloning and Other Prohibited Practices Act 2003* (Tasmania) officially starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (Richard Butler), acting on advice from the **Executive Council** (the Premier and senior ministers).\n- Signed off by the **Minister for Health and Human Services** (D. E. Llewellyn).\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically take effect immediately. This proclamation is the legal trigger that \"switches on\" the cloning prohibition law.\n- Without this document, the Act would remain dormant on the statute books.\n\n**Context:**\n- The Act itself bans human cloning and other controversial reproductive technologies in Tasmania. This proclamation simply starts the clock on those bans."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A commencement proclamation by definition has no scope of its own beyond activating the parent Act on a specified date. There is no evidence of scope change — the instrument does exactly what this type of legal document is designed to do."},"complexity_factors":["The document itself is a bare commencement proclamation with minimal substantive content — almost no operative provisions to analyse","Complexity lies in understanding the relationship between the proclamation and the parent Act it activates, requiring some background knowledge","The underlying Act (not reproduced here) deals with complex bioethical and scientific subject matter, but that complexity is not present in this instrument itself","No amending instruments or transitional provisions are visible in the text provided"],"plain_english_summary":"This Proclamation is the Governor of Tasmania's formal notice bringing the Human Cloning and Other Prohibited Practices Act 2003 into force from 26 November 2003. It activates the law that criminalises human reproductive cloning and certain embryo-related practices.\n\nIt primarily affects researchers, IVF clinics, fertility specialists and medical institutions by imposing legal and ethical prohibitions and penalties on those activities."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the content or scope of the Human Cloning and Other Prohibited Practices Act 2003; it only sets the date on which the Act’s existing provisions commence and records administrative notification and departmental responsibility."},"complexity_factors":["Procedural instrument that only fixes the Act’s commencement date (limited substantive effect)","Made by the Governor acting with the advice of the Executive Council (executive formalism)","Refers to a specific enabling provision in the Act (section 2) to authorise commencement","Administrative steps noted: Gazette notification and departmental administration","Low immediate compliance burden beyond starting to observe the Act from the fixed date"],"plain_english_summary":"This proclamation sets 1 December 2003 as the day the Human Cloning and Other Prohibited Practices Act 2003 begins to operate. It is made by the Governor on the advice of the Executive Council and is administered by the Department of Health and Human Services. The proclamation makes the Act’s legal obligations and prohibitions effective from that date, so persons and organisations covered by the Act must comply from 1 December 2003."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The currency claim implies ongoing validity assurance to the access date, but the file modification date of 2017 suggests no substantive review has occurred in nearly a decade. While not strictly a legal flaw in the instrument itself, it creates a misleading implication about the instrument's verified currency.","confidence":0.55,"description":"The document states it is 'current from 26 November 2003 to date (accessed 8 April 2026 at 2:53)' while also stating 'File last modified 5 July 2017'. A Proclamation that has never been amended or modified since 2017 cannot meaningfully claim currency 'to date' as at 2026 without implying it has been continuously reviewed and confirmed, which contradicts the static modification date."},{"type":"impossible_compliance","section":"Document Structure - General","severity":"high","reasoning":"A Proclamation is a statutory instrument that derives its legal validity from its operative content. If the operative provisions are entirely absent from the published version, it is impossible for a reader to determine what legal obligations or rights flow from the instrument, making compliance or reliance upon it impossible from the face of the document alone.","confidence":0.72,"description":"The Proclamation as reproduced contains no operative provisions whatsoever. A Proclamation under the Human Cloning and Other Prohibited Practices Act 2003 must, by legal necessity, proclaim something (e.g., a commencement date). The document as provided contains only metadata, status information, and repeated header text, rendering it a legal instrument with no discernible legal effect on the face of the reproduced text."},{"type":"self_contradicting","section":"Status Information - Authorisation / Table of Amending Instruments","severity":"low","reasoning":"The existence of a Table of Amending Instruments implies amendments may exist, yet the currency statement anchors the version to the original 2003 commencement date without indicating whether those amendments are incorporated. This is self-contradicting as to the version's identity.","confidence":0.5,"description":"The document simultaneously invites the reader to 'click to view Table of Amendments' while the status information confirms the file was last modified in 2017 and the instrument has been current since 2003. If there are amendments reflected in a Table of Amending Instruments, the claim that the version is current 'from 26 November 2003 to date' without qualification as to amended versions creates ambiguity as to whether the reader is viewing the original or a consolidated version."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version ('current from 26 November 2003 to date')","section_b":"Authorisation ('File last modified 5 July 2017')","confidence":0.52,"description":"The instrument claims currency up to the access date of 8 April 2026, yet the underlying file has not been modified since 5 July 2017. If the instrument were genuinely current and subject to ongoing legislative maintenance (as implied by the '3 working days' update policy), the file modification date should reflect a date far closer to the access date or at least post-2017 if any administrative updates had occurred."},{"severity":"medium","section_a":"Status Information ('Legislation on this site is usually updated within 3 working days after a change to the legislation')","section_b":"Table of Amending Instruments (link present implying possible amendments)","confidence":0.45,"description":"The update policy assures readers that changes are reflected within 3 working days, yet the combination of a 2017 modification date and an amendment table link leaves it entirely unclear whether any amendments have been made and incorporated. If amendments exist in the Table but are not reflected in the file (last modified 2017), the 3-working-day assurance would be contradicted."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-human-cloning-and-other-prohibited-practices-act-2003","history":"/api/acts/proclamation-under-the-human-cloning-and-other-prohibited-practices-act-2003/history","analysis":"/api/acts/proclamation-under-the-human-cloning-and-other-prohibited-practices-act-2003/analysis","conflicts":"/api/acts/proclamation-under-the-human-cloning-and-other-prohibited-practices-act-2003/conflicts","importantCases":"/api/acts/proclamation-under-the-human-cloning-and-other-prohibited-practices-act-2003/important-cases","documents":"/api/acts/proclamation-under-the-human-cloning-and-other-prohibited-practices-act-2003/documents"}}