{"id":"tas:sr-2022-059","name":"Proclamation under the Justice Legislation Miscellaneous Amendments Act 2020","slug":"proclamation-under-the-justice-legislation-miscellaneous-amendments-act-2020","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"59 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179691,"registerId":"tas-tas:sr-2022-059-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Justice Legislation Miscellaneous Amendments Act 2020","content":"> Proclamation under the Justice Legislation Miscellaneous Amendments Act 2020\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 [Justice Legislation Miscellaneous Amendments Act 2020](/view/html/inforce/2026-04-12/act-2020-019) fix 22 August 2022 as the day on which the provisions of that Act, other than Part 2, commence.\n\n8 August 2022\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nELISE ARCHER\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 17 August 2022\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"There is insufficient substantive content in the provided text to assess whether the scope of this proclamation changed from any original intent. It appears to be a standard commencement proclamation operating within the bounds of its parent Act."},"complexity_factors":["The document as provided contains almost no substantive legal content — it is primarily repeated metadata and navigation text from the legislation website","The underlying parent Act (Justice Legislation Miscellaneous Amendments Act 2020) may itself be complex, but that complexity is not visible here","Proclamations are structurally simple instruments — their purpose is narrow (commencement of provisions)","No operative clauses, schedules, or substantive legal obligations are present in the provided text"],"plain_english_summary":"This Proclamation, made under the Justice Legislation Miscellaneous Amendments Act 2020 (Tas.), is a subordinate instrument that brought certain provisions of that Act into force and has been in effect since 17 August 2022. The shared text lacks the operative detail, so while it likely affects participants in Tasmania’s justice system (courts, practitioners, agencies, accused persons), the specific changes commenced aren’t shown."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope or content of the Justice Legislation Miscellaneous Amendments Act 2020; it only fixes the commencement date (22 August 2022) for the Act's provisions except for Part 2, pursuant to section 2."},"complexity_factors":["Narrow function: document only fixes a commencement date rather than changing substantive law.","Clear legal authority: exercises power under section 2 of the named Act.","Explicit exception: Part 2 of the Act is excluded, adding a single, simple carve‑out.","Minor implementation tasks: requires administrative coordination by the Department of Justice and affected bodies.","Low ambiguity: date and scope are expressly stated and published in the Gazette."],"plain_english_summary":"This proclamation brings most provisions of the Justice Legislation Miscellaneous Amendments Act 2020 into force on 22 August 2022, excluding Part 2, under section 2 of that Act. It causes the statutory changes in that Act to start operating on that date.\n\nIt affects the agencies, courts, legal practitioners and members of the public subject to the amended laws by triggering compliance obligations and administrative steps needed to implement the amendments."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"The currency statement creates a tension: either the legislation has genuinely not changed since August 2022 (making the dynamic 'to date' language misleading boilerplate), or changes have occurred but the file modification date was not updated, contradicting the 3-working-day update guarantee. The document cannot be both static and dynamically current in any meaningful sense.","confidence":0.55,"description":"The document states it is 'current from 17 August 2022 to date (accessed 5 April 2026 at 14:44)' but the file was last modified on 17 August 2022. If legislation is 'usually updated within 3 working days after a change,' this implies no changes have occurred in approximately 3.5 years, yet the version is simultaneously described as dynamically current 'to date.'"},{"type":"impossible_compliance","section":"Document Structure - Entire Instrument","severity":"high","reasoning":"A Proclamation that specifies nothing cannot fulfil its statutory purpose. If the parent Act confers power to proclaim commencement dates, an instrument that identifies neither the date nor the provisions engaged is logically incapable of exercising that power. Persons or courts seeking to determine which provisions are in force could not rely on this instrument.","confidence":0.72,"description":"This proclaimed instrument contains no operative provisions whatsoever. A Proclamation exists solely to bring legislation or provisions into force on a specified date, yet the document as reproduced contains no commencement date, no identification of which provisions of the Justice Legislation Miscellaneous Amendments Act 2020 are being commenced, and no operative clause. The instrument is therefore a legal nullity on its face."},{"type":"circular_definition","section":"Status Information - Table of Amending Instruments","severity":"medium","reasoning":"The existence of a Table of Amendments implies this instrument has itself been amended, but the reproduced instrument contains no operative text susceptible to amendment. This creates a logical absurdity: something that was never substantively stated cannot have its substance changed.","confidence":0.6,"description":"The Table of Amending Instruments is referenced by hyperlink but the substantive proclamation contains no original operative text that could logically be amended. Amending instruments presuppose original operative content to amend; a blank or content-free proclamation cannot be meaningfully amended."},{"type":"other","section":"Document Headers - Entire Document","severity":"low","reasoning":"Under the Acts Interpretation Act 1931 (Tas) and principles of statutory construction, every word in a legislative instrument is presumed to carry meaning. A systematically duplicated title produces two competing title claims within the same instrument, which is logically incoherent even if the practical effect is trivial.","confidence":0.65,"description":"Every heading and subheading in the document is duplicated verbatim (e.g., 'Proclamation under the Justice Proclamation under the Justice Legislation Miscellaneous Amendments Act 2020', 'Status Information Status Information', 'Currency of version Currency of version'). While likely a rendering error, if taken as the authoritative published version of the instrument, the duplication creates genuine ambiguity as to which instance constitutes the official title and which is surplusage."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version ('usually updated within 3 working days after a change')","section_b":"Status Information - Authorisation ('File last modified 17 August 2022')","confidence":0.5,"description":"The site's own metadata guarantees updates within 3 working days of legislative change, yet the file modification date has not advanced beyond 17 August 2022 despite the document being accessed on 5 April 2026 — a gap of approximately 1,327 days. If the legislation were truly current 'to date,' at least one administrative update (e.g., responsible minister change via Administrative Arrangement Order) would ordinarily be expected over 3.5 years, producing a file modification date more recent than August 2022."}]},"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 function intended: activating a previously passed Act on a specified date while excluding one Part."},"complexity_factors":["Single operative provision fixing one commencement date","Only one exclusion (Part 2)","No defined terms, no cross-references to other legislation beyond citation","Standard proclamation format — essentially a template document","Total length: 4 substantive sentences"],"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 **22 August 2022** as the date when most of the *Justice Legislation Miscellaneous Amendments Act 2020* (Tasmania) starts operating.\n- **Excludes Part 2** — those provisions remain inactive until a later date (or possibly never, if never proclaimed).\n\n**Who it affects:**\n- Anyone in Tasmania subject to the amended justice laws (courts, legal practitioners, people involved in criminal or civil proceedings).\n- Government agencies administering justice legislation.\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically take effect. They need a \"commencement date\" proclaimed by the Governor (on ministerial advice).\n- This proclamation activates the bulk of the 2020 reforms, but deliberately holds back Part 2 — possibly because those amendments needed more preparation time, further legislative tweaks, or policy decisions before implementation."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-justice-legislation-miscellaneous-amendments-act-2020","history":"/api/acts/proclamation-under-the-justice-legislation-miscellaneous-amendments-act-2020/history","analysis":"/api/acts/proclamation-under-the-justice-legislation-miscellaneous-amendments-act-2020/analysis","conflicts":"/api/acts/proclamation-under-the-justice-legislation-miscellaneous-amendments-act-2020/conflicts","importantCases":"/api/acts/proclamation-under-the-justice-legislation-miscellaneous-amendments-act-2020/important-cases","documents":"/api/acts/proclamation-under-the-justice-legislation-miscellaneous-amendments-act-2020/documents"}}