{"id":"tas:sr-2002-083","name":"Proclamation under the International Transfer of Prisoners (Tasmania) Act 1997","slug":"proclamation-under-the-international-transfer-of-prisoners-tasmania-act-1997","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"83 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318547,"registerId":"tas-tas:sr-2002-083-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the International Transfer of Prisoners (Tasmania) Act 1997","content":"> Proclamation under the International Transfer of Prisoners (Tasmania) Act 1997\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-1997-033#GS2@EN) [International Transfer of Prisoners (Tasmania) Act 1997](/view/html/inforce/2026-04-12/act-1997-033) fix 1 August 2002 as the day on which that Act commences.\n\n5 July 2002\n\nG. S. M. GREEN\n\nGovernor\n\nBy His Excellency's Command,\n\nP. PATMORE\n\nMinister 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 17 July 2002\n\nThis proclamation is administered in the Department of Justice and Industrial Relations.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation does not change the substantive scope or content of the International Transfer of Prisoners (Tasmania) Act 1997; it merely fixes the date (1 August 2002) on which the Act commences under section 2."},"complexity_factors":["Procedural instrument that only fixes a commencement date (no substantive amendments to the Act).","Single effective date determines when existing statutory powers and duties become operational.","Requires executive formalities: Governor acting with advice of the Executive Council (signature/approval steps).","Publication and notification formalities (Gazette display and Rules Publication Act compliance).","Administrative responsibility explicitly assigned to the Department of Justice and Industrial Relations."],"plain_english_summary":"**This proclamation fixes 1 August 2002 as the commencement date for the International Transfer of Prisoners (Tasmania) Act 1997 (made under section 2).**\n\nIt brings the Act into force in Tasmania and affects sentenced prisoners eligible for international transfer and the Department of Justice and Industrial Relations, which must administer transfers and meet implementation costs; it changes timing only and does not alter the Act’s substantive provisions."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"There is an internal tension between claiming version currency from 2002 'to date' with no amendments visible in the document body, yet recording a file modification date of 16 January 2025. This could indicate purely administrative or metadata changes, but the document provides no transparency about what changed, undermining the stated currency claim.","confidence":0.55,"description":"The proclamation states it is 'current from 17 July 2002 to date' while simultaneously the file was 'last modified 16 January 2025'. If the proclamation has been unmodified since 2002, there is no basis for a 2025 file modification date. If it was modified in 2025, the 'current from 17 July 2002' description is misleading as it implies no substantive change has occurred in over two decades."},{"type":"impossible_compliance","section":"Document Structure - General","severity":"high","reasoning":"A proclamation must have operative provisions to have legal effect. If this represents the complete document, it is legally void on its face — there is nothing to comply with or enforce. Parties subject to the Act cannot determine their rights or obligations from this instrument.","confidence":0.72,"description":"The proclamation document contains no substantive operative content whatsoever. A proclamation under the International Transfer of Prisoners (Tasmania) Act 1997 would ordinarily identify the countries declared as 'transfer countries' or specify operative declarations. The document as presented consists entirely of metadata, status information, and navigational elements, rendering it impossible to assess compliance with or the legal effect of the instrument."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"While not legally operative, the '3 working days' update guarantee combined with no modifications since January 2025 through April 2026 suggests either the guarantee is performative or the instrument has genuinely not been touched, which is a curiously long period for subordinate legislation in an active area of law involving international treaty obligations.","confidence":0.45,"description":"The document claims to be 'accessed 8 April 2026 at 3:06' in the status information, yet also states the file was 'last modified 16 January 2025'. This creates a minor temporal absurdity in that the access date is over a year after the last modification, suggesting the instrument has been static for over a year despite being described as a living online database updated within 3 working days of changes."}],"contradictions":[{"severity":"low","section_a":"Status Information - 'Version current from 17 July 2002 to date'","section_b":"Status Information - 'File last modified 16 January 2025'","confidence":0.6,"description":"The instrument claims an unbroken version currency since 17 July 2002, implying no substantive amendments, yet records a file modification date of 16 January 2025 — nearly 23 years later. These two claims are in tension: either the instrument changed (contradicting the single version date) or it did not (making the 2025 modification date unexplained and potentially misleading)."},{"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 - (clickable link implying amendments exist)","confidence":0.65,"description":"The document simultaneously asserts a 3-working-day update policy (implying the online version is current) while providing a separate link to a 'Table of Amendments', implying amendments may exist that are not visible in the document body. If amendments exist, the document body should reflect them; if they do not, the amendment table link is misleading. The document cannot be both definitively current and simultaneously require a separate amendments table to determine its true state."}]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available content, this Proclamation appears to operate within the scope originally intended by the International Transfer of Prisoners (Tasmania) Act 1997 — formally activating or applying the prisoner transfer framework as designed. No scope expansion or contraction is evident from the metadata provided, and the instrument has remained current since 17 July 2002 with no substantive amendments apparent."},"complexity_factors":["Involves interaction between Tasmanian state law and Commonwealth international treaty obligations, creating a multi-layered legal framework","Proclamations are secondary instruments (delegated legislation) that activate or supplement a parent Act, requiring understanding of both documents together","The document provided is largely administrative metadata rather than substantive legal text, making full analysis impossible from this extract alone","International prisoner transfer involves coordination between multiple jurisdictions (state, federal, and foreign governments), which adds procedural complexity"],"plain_english_summary":"This Proclamation, made under the International Transfer of Prisoners (Tasmania) Act 1997, formally brings into effect the legal mechanism for transferring prisoners between Tasmania/Australia and foreign jurisdictions. It matters to Australian citizens serving sentences abroad and foreign nationals held in Tasmanian prisons, their families, and the correctional and government authorities who coordinate transfers.\n\nThe provided extract is mainly administrative and does not show the operative details (which countries, provisions or dates) required to see how the transfer regime will operate."},"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 (fixing a commencement date)","No defined terms","No cross-references to other legislation (except citation of the parent Act)","No conditional logic or exceptions","Standard ceremonial/formulaic language only"],"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 August 2002** as the date when the *International Transfer of Prisoners (Tasmania) Act 1997* officially starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (acting on advice from the Executive Council, which is the formal name for the state Cabinet).\n\n**Why it matters:**\n- Laws passed by Parliament don't always start immediately. This proclamation flips the switch, making the Act legally active.\n- The Act itself deals with transferring prisoners between Tasmania and other countries — allowing foreign prisoners to serve sentences back home, or Tasmanian prisoners to serve sentences overseas. This proclamation is simply the \"go live\" date for that system.\n\n**Key detail:**\n- The proclamation was signed on **5 July 2002** and published in the government gazette on **17 July 2002**, giving about two weeks' notice before the law took effect on 1 August 2002."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-international-transfer-of-prisoners-tasmania-act-1997","history":"/api/acts/proclamation-under-the-international-transfer-of-prisoners-tasmania-act-1997/history","analysis":"/api/acts/proclamation-under-the-international-transfer-of-prisoners-tasmania-act-1997/analysis","conflicts":"/api/acts/proclamation-under-the-international-transfer-of-prisoners-tasmania-act-1997/conflicts","importantCases":"/api/acts/proclamation-under-the-international-transfer-of-prisoners-tasmania-act-1997/important-cases","documents":"/api/acts/proclamation-under-the-international-transfer-of-prisoners-tasmania-act-1997/documents"}}