{"id":"tas:sr-2009-094","name":"Proclamation under the Interstate Transfer (Community-based Sentences) Act 2009","slug":"proclamation-under-the-interstate-transfer-community-based-sentences-act-2009","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"94 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315455,"registerId":"tas-tas:sr-2009-094-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Interstate Transfer (Community-based Sentences) Act 2009","content":"> Proclamation under the Interstate Transfer (Community-based Sentences) Act 2009\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-2009-017#GS2@EN) [Interstate Transfer (Community-based Sentences) Act 2009](/view/html/inforce/2026-04-12/act-2009-017) fix 1 September 2009 as the day on which that Act commences.\n\n10 August 2009\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nLISA M. SINGH\n\nMinister for Corrections and Consumer Protection\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 19 August 2009\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope or content of the Interstate Transfer (Community-based Sentences) Act 2009; it only fixes the Act's commencement date for Tasmania (1 September 2009) (made under s.2). It does not introduce new obligations, exemptions, funding arrangements, or operational detail in this instrument."},"complexity_factors":["Single, discrete action: fixes a commencement date for an existing Act","Minimal text and legal detail (no substantive amendments or conditions)","Relies on another statute (Interstate Transfer (Community-based Sentences) Act 2009) for substance","Administrative annotations only (signing date, Gazette notice, administering department)","Limited decision-maker complexity: Governor acting with Executive Council advice"],"plain_english_summary":"This proclamation fixes 1 September 2009 as the day the Interstate Transfer (Community-based Sentences) Act 2009 comes into force in Tasmania. It was made by the Governor under section 2 of that Act, signed 10 August 2009 and notified in the Gazette on 19 August 2009.\n\nMechanically, the instrument simply brings the Act into operation for people and agencies in Tasmania to whom that Act applies; it does not itself amend the Act, allocate funding, or specify operational rules. The Governor acted with the advice of the Executive Council and the proclamation is administered by the Department of Justice."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Document Structure - Throughout","severity":"high","reasoning":"A proclamation that contains no operative text cannot legally achieve its stated purpose. There is nothing to comply with, enforce, or give effect to. Any attempt to rely on this instrument as authority for any legal action would be logically impossible as it provides no operative clause, no commencement date declaration, no schedule of jurisdictions, and no specified provisions being brought into force.","confidence":0.97,"description":"The proclamation document contains no operative legal provisions whatsoever. A proclamation is a legal instrument intended to bring legislation or provisions into force, yet this document contains exclusively metadata, status information, and administrative notices with zero substantive content."},{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"medium","reasoning":"A proclamation is typically a fixed point-in-time instrument. A 2017 modification date on a 2009 proclamation that shows no amending content and no substantive provisions creates a logical inconsistency: either the instrument was changed (in which case, what changed, given there is no content?) or the modification date reflects only metadata/formatting changes, which undermines the integrity of the currency representation.","confidence":0.75,"description":"The document claims to be current 'from 19 August 2009 to date' and was 'accessed 8 April 2026', yet the file was 'last modified 5 July 2017'. If a proclamation is an immutable instrument once made, modification in 2017 is anomalous. If it was substantively amended, the amending instrument should appear, yet no substantive change is evident in any content."},{"type":"other","section":"Document Structure - Headings and Metadata","severity":"low","reasoning":"While likely a rendering/publication error rather than a drafting error in the original instrument, the published version of legislation on the official Tasmanian legislation website is the version that has legal effect for public access purposes. A document that cannot coherently present its own metadata creates uncertainty about whether other, substantive content may also have been corrupted or omitted.","confidence":0.85,"description":"Every heading and section label in the document is duplicated verbatim, often appearing three or four times consecutively (e.g., 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). A legislative instrument that cannot consistently state its own title without self-duplication raises serious questions about its formal validity as a legal document."},{"type":"circular_definition","section":"Table of Amending Instruments","severity":"medium","reasoning":"Amendments presuppose pre-existing substantive text to amend. If the operative proclamation text is entirely absent from this published instrument, any amendments referenced would have no identifiable subject matter upon which they could operate, rendering the amending instruments and the table referencing them legally meaningless in context.","confidence":0.8,"description":"The document references a 'Table of Amendments' via hyperlink but contains no substantive provisions that could logically be amended. A table of amendments to a document with no operative content is a logically vacuous reference."}],"contradictions":[{"severity":"medium","section_a":"Status Information - 'Version current from 19 August 2009 to date'","section_b":"Authorisation - 'File last modified 5 July 2017'","confidence":0.78,"description":"The instrument asserts it has been continuously current and unchanged since 19 August 2009, while simultaneously disclosing that the file was modified on 5 July 2017, nearly eight years after initial proclamation. These two claims cannot both be true without explanation of what was modified."},{"severity":"high","section_a":"Document Title - 'Proclamation under the Interstate Transfer (Community-based Sentences) Act 2009'","section_b":"Document Body - Entire operative content","confidence":0.95,"description":"The title represents that this is an operative proclamation made under the Act, implying substantive legal effect (such as declaring a participating State or Territory, or bringing provisions into force). The body of the document contains no such operative content. The title and the body are in direct logical contradiction as to the nature and effect of the instrument."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation of this type has no independent scope — it exists only to bring the parent Act into force. There is no evidence of any expansion or restriction of the original legislative intent. The instrument has remained unchanged since 19 August 2009."},"complexity_factors":["This is a Proclamation — a single-purpose administrative instrument with minimal operative content of its own","Its sole function is to activate or set a commencement date for the parent Act, requiring almost no interpretation","The document as presented contains significant metadata duplication but no substantive legal provisions to analyse","Understanding the full legal effect requires reference to the parent Interstate Transfer (Community-based Sentences) Act 2009, adding one layer of indirect complexity"],"plain_english_summary":"This Proclamation is the Governor of Tasmania’s formal notice bringing the Interstate Transfer (Community-based Sentences) Act 2009 into operation. It matters to people serving community‑based sentences who move between Australian states or territories by allowing those orders to be recognised and enforced across borders, avoiding legal gaps in supervision and accountability. It commenced on 19 August 2009."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement proclamation performing exactly its intended function — bringing an Act into force on a specified date. The scope has not expanded beyond this narrow administrative purpose."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No conditional logic or exceptions","No cross-references to substantive legal provisions (only cites the empowering section)","Standard proclamation format following template language"],"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 September 2009** as the date when the *Interstate Transfer (Community-based Sentences) Act 2009* starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (acting on advice from the Executive Council, which is the formal body of senior ministers).\n- Signed by Governor Peter G. Underwood and Minister Lisa M. Singh.\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically start working immediately. This proclamation officially \"switches on\" the Act so that people serving community-based sentences (like probation or community service) can be transferred between Tasmania and other Australian states.\n- Without this proclamation, the Act would remain dormant even after passing Parliament."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-interstate-transfer-community-based-sentences-act-2009","history":"/api/acts/proclamation-under-the-interstate-transfer-community-based-sentences-act-2009/history","analysis":"/api/acts/proclamation-under-the-interstate-transfer-community-based-sentences-act-2009/analysis","conflicts":"/api/acts/proclamation-under-the-interstate-transfer-community-based-sentences-act-2009/conflicts","importantCases":"/api/acts/proclamation-under-the-interstate-transfer-community-based-sentences-act-2009/important-cases","documents":"/api/acts/proclamation-under-the-interstate-transfer-community-based-sentences-act-2009/documents"}}