{"id":"tas:sr-2023-009","name":"Proclamation under the Living Marine Miscellaneous Amendments (Digital Processes) Act 2021","slug":"proclamation-under-the-living-marine-miscellaneous-amendments-digital-processes-act-2021","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"9 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177096,"registerId":"tas-tas:sr-2023-009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Living Marine Miscellaneous Amendments (Digital Processes) Act 2021","content":"> Proclamation under the Living Marine Miscellaneous Amendments (Digital Processes) Act 2021\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-2021-024#GS2@EN) [Living Marine Miscellaneous Amendments (Digital Processes) Act 2021](/view/html/inforce/2026-04-12/act-2021-024) fix 31 March 2023 as the day on which the provisions of that Act commence.\n\n27 March 2023\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nJO PALMER\n\nMinister for Primary Industries and Water\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 March 2023\n\nThis proclamation is administered in the Department of Natural Resources and Environment Tasmania.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the content or scope of the Living Marine Miscellaneous Amendments (Digital Processes) Act 2021; it only fixes the date on which that Act's provisions commence (made under section 2). It assigns administration and records the Gazette notification but does not alter substantive legal obligations or add new powers."},"complexity_factors":["Acts only to fix a single commencement date (31 March 2023) rather than to create or modify substantive regulatory rules","Made under a specific enabling provision (section 2 of the Act) — straightforward legal authority","Formalities present (Governor, Executive Council advice, Gazette notification) but minimal discretion or operational detail","Administrative assignment to a department (Department of Natural Resources and Environment Tasmania) for implementation and records","No cross-references to other complex instruments or staged commencements in the proclamation text"],"plain_english_summary":"This proclamation sets 31 March 2023 as the day the Living Marine Miscellaneous Amendments (Digital Processes) Act 2021 starts to operate. It was made by the Governor on the advice of the Executive Council under section 2 of that Act.\n\nFixing the date makes the Act's provisions legally effective from 31 March 2023, so persons and businesses subject to the Act must comply from that day and the Department of Natural Resources and Environment Tasmania takes responsibility for administering the proclamation and notification."},"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 single function intended: bringing the parent Act into force on a specified date."},"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 proclamation format — essentially a template document"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into effect.\n\n**What it does:**\n- The Tasmanian Governor (acting on ministerial advice) has officially declared that the **Living Marine Miscellaneous Amendments (Digital Processes) Act 2021** will start operating on **31 March 2023**.\n\n**Why this matters:**\n- Laws passed by Parliament don't always take effect immediately. This proclamation \"switches on\" the Act, making its legal changes active from the specified date.\n- The Act itself deals with modernising digital processes for living marine resources management (things like electronic permits, notifications, or record-keeping for fishing and aquaculture).\n\n**Who it affects:**\n- Anyone involved in Tasmania's marine industries — fishers, aquaculture operators, seafood processors — who will now need to comply with the new digital requirements.\n- Government agencies administering marine resource laws, which must implement the updated digital systems."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard commencement proclamation. There is no evidence of scope change — it appears to serve its original administrative purpose of bringing the 2021 Act (or specific provisions of it) into force, consistent with how such proclamations are typically used in Tasmanian legislative practice."},"complexity_factors":["The document itself is purely procedural — a proclamation bringing another Act into force, with minimal substantive content of its own","The underlying Act (Living Marine Miscellaneous Amendments (Digital Processes) Act 2021) involves amendments to multiple pieces of marine legislation, adding a layer of indirect complexity","The document as provided is heavily duplicated/formatted oddly, making it harder to extract meaningful legal content","No operative text of the proclamation itself (e.g., the specific commencement date or provisions being proclaimed) is visible in the provided extract"],"plain_english_summary":"This Proclamation (28 March 2023) brings into force parts of the Living Marine Miscellaneous Amendments (Digital Processes) Act 2021, allowing Tasmania’s marine and fisheries system to use digital processes—online applications, electronic licences and records—rather than paper.  \n\nIt affects commercial and recreational fishers, marine and aquaculture businesses, and the agencies that administer licensing and compliance."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"Not a strict legal absurdity, but a Proclamation under an 'Amendments (Digital Processes) Act' going unmodified for 3+ years while simultaneously claiming ongoing currency creates a mild tension between the document's stated purpose (facilitating digital process modernisation) and its apparent stasis.","confidence":0.45,"description":"The document states it was accessed on '5 April 2026 at 13:28', yet the file was last modified on '28 March 2023'. The version is described as 'current from 28 March 2023 to date', implying currency through 2026, which would mean a proclamation has remained unmodified for over 3 years despite being a digital processes amendment instrument — suggesting either extraordinary legislative stability or that the 'to date' currency claim is operationally meaningless."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"Proclamations are single-purpose instruments that bring an Act or provisions into force on a specified date. They do not have ongoing legislative content that would require updating within 3 working days. The boilerplate currency disclaimer is therefore incongruous with the instrument type.","confidence":0.6,"description":"The statement 'Legislation on this site is usually updated within 3 working days after a change to the legislation' appears in a document that is itself a Proclamation — a commencement instrument, not substantive legislation. A Proclamation typically has no ongoing amendable content beyond its operative commencement date, making the standard currency disclaimer logically inapplicable and potentially misleading as to the nature of the instrument."},{"type":"impossible_compliance","section":"Document structure - entire instrument","severity":"high","reasoning":"A Proclamation's sole legal function is to declare a commencement date. Without that operative clause, the instrument is legally incomplete. Any person or body seeking to determine which provisions of the Act are in force and from when cannot do so from this document. This creates an impossible compliance situation for regulated parties relying on the proclaimed instrument.","confidence":0.85,"description":"The substantive operative content of this Proclamation — specifically the commencement date or dates being proclaimed for the Living Marine Miscellaneous Amendments (Digital Processes) Act 2021 — is entirely absent from the document as published. A Proclamation without its operative clause is a legal nullity on its face; it cannot perform its sole legal function of bringing provisions into force."},{"type":"impossible_compliance","section":"Title - 'Living Marine Miscellaneous Amendments (Digital Processes) Act 2021'","severity":"medium","reasoning":"Omnibus miscellaneous amendment Acts frequently contain provisions with different commencement dates proclaimed separately. Without the operative text specifying which provisions are commenced, regulated parties in the fishing/aquaculture sector and/or digital compliance sector cannot determine their obligations.","confidence":0.75,"description":"The parent Act's title combines 'Living Marine' (suggesting marine biology or fisheries subject matter) with 'Digital Processes' (suggesting administrative digitalisation). A 'Miscellaneous Amendments' Act that spans both living marine resources and digital processes suggests it is an omnibus instrument, but a Proclamation under it that lacks any specification of which sections or schedules are being commenced makes it impossible to know whether marine-specific or digital-process-specific provisions, or both, are being activated."}],"contradictions":[{"severity":"medium","section_a":"Status Information - 'Version current from 28 March 2023 to date (accessed 5 April 2026 at 13:28)'","section_b":"Authorisation - 'File last modified 28 March 2023'","confidence":0.55,"description":"The document simultaneously claims to be 'current to date' (implying it reflects the current state of law as at 5 April 2026) and states it was last modified on 28 March 2023. For a Proclamation under an Amendments Act, 'current to date' ordinarily implies no subsequent amendments have altered its operation. However, if the Table of Amending Instruments (linked but not reproduced) contains entries, then the document's claim of being unmodified since 28 March 2023 would directly contradict evidence of subsequent amendments."},{"severity":"medium","section_a":"Header - 'Proclamation under the Living Marine Miscellaneous Amendments (Digital Processes) Act 2021'","section_b":"Table of Amending Instruments - '[(click to view Table of Amendments)]'","confidence":0.65,"description":"A Proclamation, as a commencement instrument, is not ordinarily a vehicle for ongoing amendment — it speaks once and is spent upon the commencement date passing. The existence of a 'Table of Amending Instruments' for this Proclamation implies it has been amended, which is logically contradictory: either the Proclamation was spent (and thus unamendable in any meaningful operational sense), or it contains ongoing operative provisions inconsistent with its classification as a mere Proclamation."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-living-marine-miscellaneous-amendments-digital-processes-act-2021","history":"/api/acts/proclamation-under-the-living-marine-miscellaneous-amendments-digital-processes-act-2021/history","analysis":"/api/acts/proclamation-under-the-living-marine-miscellaneous-amendments-digital-processes-act-2021/analysis","conflicts":"/api/acts/proclamation-under-the-living-marine-miscellaneous-amendments-digital-processes-act-2021/conflicts","importantCases":"/api/acts/proclamation-under-the-living-marine-miscellaneous-amendments-digital-processes-act-2021/important-cases","documents":"/api/acts/proclamation-under-the-living-marine-miscellaneous-amendments-digital-processes-act-2021/documents"}}