{"id":"tas:sr-2010-144","name":"Proclamation under the Intestacy Act 2010","slug":"proclamation-under-the-intestacy-act-2010","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"144 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314841,"registerId":"tas-tas:sr-2010-144-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Intestacy Act 2010","content":"> Proclamation under the Intestacy 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 the [Intestacy Act 2010](/view/html/inforce/2026-04-12/act-2010-019) fix 1 January 2011 as the day on which that Act commences.\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":2,"scope_assessment":{"changed":false,"description":"A Proclamation of this type has a single, narrow purpose: to set a commencement date for the parent Act. There is no indication of scope change — it performs exactly the function a commencement proclamation is designed to perform, nothing more."},"complexity_factors":["This is a Proclamation only — it contains no substantive legal provisions of its own, making it very simple in isolation","The underlying Intestacy Act 2010 (which this Proclamation activates) carries moderate complexity, but that Act is not reproduced here","No amendments are evident from the metadata, reducing analytical complexity","The document is largely administrative/procedural with minimal operative content"],"plain_english_summary":"This Proclamation formally brings the Intestacy Act 2010 (Tas) into force — it’s the Governor’s official activation of the law. The Act governs how the estate of anyone who dies in Tasmania without a valid will is distributed, determining which relatives and partners inherit and in what shares.\n\nIt affects Tasmanians who die intestate, their families and partners, and the executors/administrators who manage estates. It has applied since 29 December 2010."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which by definition has a single, narrow purpose: to fix a date for an Act to come into force. It has not expanded beyond this original intent."},"complexity_factors":["Single operative provision with no conditional logic","Zero defined terms","No cross-references to other legislation (except citation of the parent Act and Rules Publication Act in metadata)","Standard proclamation format - essentially a template with blanks filled in","Total length: 8 sentences including formal sign-offs","No exceptions, schedules, or substantive legal rules"],"plain_english_summary":"This is a formal government notice (called a 'proclamation') that sets the start date for Tasmania's Intestacy Act 2010. \n\n**What it does:**\n- **Fixes the commencement date** for the Intestacy Act 2010 as **1 January 2011**\n- This means the law about who inherits property when someone dies without a will came into effect on that date\n\n**Who made it:**\n- The Governor of Tasmania (Peter G. Underwood), acting on advice from the Executive Council (the Premier and senior ministers)\n- Signed off by the Minister for Justice (Lara Giddings)\n\n**Why it matters:**\n- Australian laws don't automatically start when Parliament passes them. They need a formal 'commencement' date set by the Governor.\n- This proclamation tells everyone exactly when Tasmania's new intestacy rules (the rules for distributing estates when there's no will) began operating.\n- Without this document, the Intestacy Act 2010 would just sit on the shelf unenforceable.\n\n**Key terms explained:**\n- **Intestacy**: Dying without a valid will\n- **Proclamation**: A formal public announcement made by the Governor that gives legal effect to something\n- **Executive Council**: The formal body of senior ministers that advises the Governor"},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"While this is likely a metadata artefact rather than substantive law, the document purports to be accessed at a future date (2026) while simultaneously claiming currency 'to date'. This creates a self-referential temporal loop where the currency of the instrument is defined by an access timestamp that cannot be verified as real. A proclamation's legal validity should not be contingent on a future access timestamp.","confidence":0.4,"description":"The legislation states it is 'current from 29 December 2010 to date (accessed 8 April 2026 at 1:37)' yet the access date of 8 April 2026 is a future date relative to any reasonable drafting or publication context, creating a temporally paradoxical currency claim."},{"type":"other","section":"Authorisation - File last modified 25 January 2023","severity":"low","reasoning":"Proclamations are typically fixed instruments. A modification date dramatically diverging from the commencement date, without any corresponding amendment listed in the Table of Amending Instruments, creates a logical inconsistency between the amendment history and the file history. If no amendments exist, the file should not have been materially modified.","confidence":0.35,"description":"A proclamation made on 29 December 2010 under the Intestacy Act 2010 has a file modification date of 25 January 2023, over 12 years after commencement. For a simple proclamation instrument with no apparent substantive amendments recorded in the Table of Amending Instruments, an unexplained modification 12 years later raises questions about the authenticity and integrity of the authoritative version of the instrument."},{"type":"impossible_compliance","section":"Document structure - entire instrument","severity":"high","reasoning":"Under Australian legislative drafting conventions, a proclamation must contain operative words — for example, 'I proclaim that [Act] comes into force on [date]'. The entire substantive body of this instrument as reproduced consists solely of repeated metadata headings, status information, and navigation links. There is no operative provision that could give the proclamation legal meaning. An instrument that exists to proclaim something but proclaims nothing is a logical nullity.","confidence":0.75,"description":"The proclamation is identified as being made under the Intestacy Act 2010, yet the document contains no operative provisions whatsoever. A proclamation is a formal executive instrument with legal effect (typically bringing an Act or provisions into force, or declaring a matter). A proclamation with no operative text has no legal effect and is logically incapable of fulfilling its statutory purpose."},{"type":"self_contradicting","section":"Document structure - heading duplication","severity":"medium","reasoning":"A legislative instrument must be capable of unambiguous interpretation. Where every structural element is duplicated, it is impossible to determine whether the instrument contains one provision or two, and whether the duplication is intentional (creating two separate operative clauses) or an error. Under the Acts Interpretation Act 1931 (Tas), an instrument must be capable of sensible construction. Systematic duplication defeats this requirement.","confidence":0.8,"description":"Every heading and section in the document is duplicated verbatim (e.g. 'Proclamation under the Intesta Proclamation under the Intestacy Act 2010', 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). This systemic duplication renders the document internally incoherent and suggests the authoritative text cannot be reliably identified."}],"contradictions":[{"severity":"low","section_a":"Status Information - 'Legislation on this site is usually updated within 3 working days after a change to the legislation'","section_b":"Authorisation - 'File last modified 25 January 2023'","confidence":0.45,"description":"The instrument claims to reflect legislation updated within 3 working days of any change, yet the Table of Amending Instruments shows no amendments. If there are no amendments, there is no trigger for the 3-day update obligation, making the 2023 file modification date irreconcilable with the amendment history — either an undisclosed amendment occurred (contradicting the empty amendments table) or the file was modified for non-amendment reasons (contradicting the purpose of the currency statement)."},{"severity":"low","section_a":"Version currency statement - 'current from 29 December 2010 to date'","section_b":"Table of Amending Instruments - implicitly no amendments recorded","confidence":0.4,"description":"A version described as current 'from 29 December 2010 to date' with a click-through table of amendments implies the possibility of amendments having been made, while simultaneously the document structure suggests this is the original unamended instrument. The architecture of the document contradicts itself by providing amendment-tracking infrastructure for an instrument that, on its face, has never been amended."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive scope or content of the Intestacy Act 2010; it only fixes the Act's commencement date (1 January 2011) and records administrative arrangements and notification (Proclamation, para 1; final and notified lines)."},"complexity_factors":["Single, discrete action: fixes a commencement date rather than creating new substantive rules (Proclamation, para 1).","Formal executive formality: requires Governor acting with Executive Council advice and ministerial sign-off (signed lines).","Low regulatory detail: no operative provisions, definitions, or transitional provisions included in the text.","Administrative implementation: places responsibility with Department of Justice, implying internal administrative processes and costs (final line).","Notification requirement: Gazette notification recorded, a procedural step for legal effect and public notice (notified line)."],"plain_english_summary":"This proclamation sets 1 January 2011 as the day the Intestacy Act 2010 begins to operate (Proclamation, para 1). It makes the Act apply to intestacy matters from that date, delegates administration to the Department of Justice (Proclamation, final line), and records the Governor acted on Executive Council advice and notified the Gazette (signed and notified lines). Administrative costs are borne by the administering department; private parties must follow the Act from the commencement date."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-intestacy-act-2010","history":"/api/acts/proclamation-under-the-intestacy-act-2010/history","analysis":"/api/acts/proclamation-under-the-intestacy-act-2010/analysis","conflicts":"/api/acts/proclamation-under-the-intestacy-act-2010/conflicts","importantCases":"/api/acts/proclamation-under-the-intestacy-act-2010/important-cases","documents":"/api/acts/proclamation-under-the-intestacy-act-2010/documents"}}