{"id":"tas:sr-2012-110","name":"Proclamation under the Justice and Related Legislation (Miscellaneous Amendments) Act 2012","slug":"proclamation-under-the-justice-and-related-legislation-miscellaneous-amendments-act-2012","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"110 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187870,"registerId":"tas-tas:sr-2012-110-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Justice and Related Legislation (Miscellaneous Amendments) Act 2012","content":"> Proclamation under the Justice and Related Legislation (Miscellaneous Amendments) Act 2012\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(2) of the](/view/html/inforce/2026-04-12/act-2012-013#GS2@Gs2@EN) [Justice and Related Legislation (Miscellaneous Amendments) Act 2012](/view/html/inforce/2026-04-12/act-2012-013) fix 1 December 2012 as the day on which [Part 21](/view/html/inforce/2026-04-12/act-2012-013#HP21@EN) of that Act commences.\n\n19 November 2012\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nBRIAN WIGHTMAN\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 28 November 2012\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation that commences legislation is typically a one-time instrument with no operative provisions requiring amendment. However, presenting a metadata access date of 2026 as a meaningful currency marker on a document with zero substantive operative text creates a misleading impression of living legal content where none exists.","confidence":0.55,"description":"The document states it is 'Version current from 28 November 2012 to date (accessed 5 April 2026 at 18:47)' while the file was 'last modified 13 August 2018'. This implies the proclamation has remained unchanged since 2018 yet is presented as current to 2026, raising questions about whether the currency statement is meaningful or merely an automated timestamp with no substantive legal content to update."},{"type":"impossible_compliance","section":"Entire instrument","severity":"high","reasoning":"A proclamation under s. 2 of an amending Act must identify what is being brought into force and when. Without any operative clause, it is impossible for any person or court to determine what legal effect, if any, this instrument has. The instrument's own title promises legal content that does not appear in the reproduced text.","confidence":0.72,"description":"The document as reproduced contains no operative proclamation text whatsoever — no commencement date, no identified provisions being commenced, and no Governor's signature block. A proclamation that proclaims nothing is logically self-defeating: it purports to be an instrument exercising executive power but contains no exercise of that power."},{"type":"other","section":"Status Information - Authorisation","severity":"medium","reasoning":"Under Tasmanian drafting conventions, an authorisation section should identify the person or office authorising the version for publication. Substituting a file modification date creates an absurdity where the 'authority' for the document is a computer timestamp, which has no legal personality and cannot authorise anything.","confidence":0.65,"description":"The 'Authorisation' section contains only the statement 'File last modified 13 August 2018' — a file-system metadata field — rather than any authorising officer, clerk certification, or statutory basis for publication. Labelling a filesystem timestamp as 'Authorisation' misrepresents a technical artefact as a legal authorisation."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version (28 November 2012 to date)","section_b":"Status Information - Authorisation (File last modified 13 August 2018)","confidence":0.6,"description":"The currency statement asserts the version is current from 28 November 2012 to the present access date, implying no amendments have occurred. However, the file modification date of 13 August 2018 indicates the document was altered approximately six years after the stated commencement of the version, contradicting the implication of an unmodified instrument."},{"severity":"high","section_a":"Title: 'Proclamation under the Justice and Related Legislation (Miscellaneous Amendments) Act 2012'","section_b":"Entire body of the instrument as reproduced","confidence":0.78,"description":"The title represents that this is a substantive proclamation exercising power under the 2012 Act, but the body of the document contains exclusively administrative metadata (currency dates, amendment tables, responsible minister guidance, and a file timestamp) with no proclamation text. The title and body are irreconcilably inconsistent as to the nature and content of the instrument."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation is a narrow, procedural instrument with a fixed purpose: to commence legislation. There is no indication of scope change from original intent — it appears to perform exactly the function proclamations are designed for, activating the parent Act on a set date."},"complexity_factors":["This is a procedural instrument only — it activates legislation rather than creating substantive rights or obligations itself","The underlying Act (Justice and Related Legislation (Miscellaneous Amendments) Act 2012) may be complex, but the proclamation itself is a simple commencement mechanism","The actual operative text of the proclamation is not included in the provided document, limiting full analysis","No technical legal definitions, cross-references, or conditions are visible in the available text"],"plain_english_summary":"This Proclamation by the Governor of Tasmania brings specified parts of the Justice and Related Legislation (Miscellaneous Amendments) Act 2012 into force on 28 November 2012. It affects persons and agencies governed by that Act by making those amendments legally operative — without it the specified reforms would not take effect."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive scope or content of the Justice and Related Legislation (Miscellaneous Amendments) Act 2012; it simply sets the commencement date for Part 21 under the power in s.2(2). Any change in obligations or coverage will arise from Part 21 when it takes effect, not from this proclamation."},"complexity_factors":["Narrow legal effect — the instrument only fixes a commencement date for Part 21 (proclamation text: 'fix 1 December 2012 as the day on which Part 21 ... commences').","Dependence on parent Act — substantive rules and obligations are in Part 21 of the Act, not in the proclamation (proclamation refers to Part 21 and s.2(2)).","Formal administrative steps — exercise of power by the Governor with Executive Council advice, and Gazette notification (proclamation signed 19 Nov 2012; notified in the Gazette 28 Nov 2012).","Operational uncertainty risk — practical effects (who must do what, and who bears costs) depend entirely on the content of Part 21 and departmental implementation (administered in the Department of Justice).","Low direct compliance burden — the proclamation itself imposes no new regulatory text or duties, but it activates any compliance duties already in Part 21 as of the fixed date."],"plain_english_summary":"This proclamation, made under s.2(2) of the Justice and Related Legislation (Miscellaneous Amendments) Act 2012, fixes 1 December 2012 as the day Part 21 of that Act comes into force. It was signed by the Governor on 19 November 2012, notified in the Gazette on 28 November 2012, and is administered by the Department of Justice. Mechanically, it changes only the start date; any compliance costs or behavioural changes fall on persons and organisations covered by Part 21 when it commences."},"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 a specific Part of an Act into operation on a fixed date. The scope has not expanded beyond this narrow administrative purpose."},"complexity_factors":["Single operative provision: fixes one commencement date","No defined terms","No cross-references to other legislation (except citation of the empowering section)","No conditional logic or exceptions","Standard proclamation format — essentially a template with blanks filled in"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a specific part of a law into effect.\n\n**What it does:**\n- The Governor of Tasmania (acting on ministerial advice) has officially declared that **Part 21 of the Justice and Related Legislation (Miscellaneous Amendments) Act 2012** will start operating on **1 December 2012**.\n\n**Why this matters:**\n- Laws often pass through Parliament in one piece but start at different times. This proclamation \"switches on\" Part 21 so it becomes legally enforceable from that date.\n- Without this proclamation, Part 21 would remain inactive even though the Act itself was already passed.\n\n**Who it affects:**\n- Anyone subject to the laws in Part 21 (the specific content isn't detailed here, but it would typically involve changes to justice-related legislation in Tasmania).\n- Government agencies responsible for administering those laws.\n\n**Key point:** This document doesn't create new rules itself — it's the **trigger** that makes existing rules in Part 21 legally active."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-justice-and-related-legislation-miscellaneous-amendments-act-2012","history":"/api/acts/proclamation-under-the-justice-and-related-legislation-miscellaneous-amendments-act-2012/history","analysis":"/api/acts/proclamation-under-the-justice-and-related-legislation-miscellaneous-amendments-act-2012/analysis","conflicts":"/api/acts/proclamation-under-the-justice-and-related-legislation-miscellaneous-amendments-act-2012/conflicts","importantCases":"/api/acts/proclamation-under-the-justice-and-related-legislation-miscellaneous-amendments-act-2012/important-cases","documents":"/api/acts/proclamation-under-the-justice-and-related-legislation-miscellaneous-amendments-act-2012/documents"}}