{"id":"tas:sr-2002-033","name":"Proclamation under the Local Government (Highways) Amendment Act 2001","slug":"proclamation-under-the-local-government-highways-amendment-act-2001","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"33 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318505,"registerId":"tas-tas:sr-2002-033-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Local Government (Highways) Amendment Act 2001","content":"> Proclamation under the Local Government (Highways) Amendment Act 2001\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(1) of the](/view/html/inforce/2026-04-12/act-2001-089#GS2@Gs1@EN) [Local Government (Highways) Amendment Act 2001](/view/html/inforce/2026-04-12/act-2001-089) fix 1 June 2002 as the day on which [sections 5](/view/html/inforce/2026-04-12/act-2001-089#GS5@EN) , [6](/view/html/inforce/2026-04-12/act-2001-089#GS6@EN) , [9](/view/html/inforce/2026-04-12/act-2001-089#GS9@EN) , [10](/view/html/inforce/2026-04-12/act-2001-089#GS10@EN) , [11](/view/html/inforce/2026-04-12/act-2001-089#GS11@EN) , [14](/view/html/inforce/2026-04-12/act-2001-089#GS14@EN) and [16](/view/html/inforce/2026-04-12/act-2001-089#GS16@EN) of that Act commence.\n\n6 May 2002\n\nG. S. M. Green\n\nGovernor\n\nBy His Excellency's Command,\n\nJ. A. Bacon\n\nPremier\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 15 May 2002\n\nThis proclamation is administered in the Department of Premier and Cabinet.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"A document that has not been modified since 2017 cannot credibly assert dynamic currency 'to date' in 2026, particularly when the updating mechanism claims changes are reflected within 3 working days. The implication is either the legislation has genuinely not changed (in which case the dynamic 'to date' framing is misleading) or the currency claim is unverifiable against the modification date.","confidence":0.55,"description":"The document states it is 'current from 15 May 2002 to date (accessed 8 April 2026 at 3:05)' while simultaneously stating 'File last modified 5 July 2017'. If the file was last modified in 2017, it cannot meaningfully claim currency 'to date' in 2026 without qualification."},{"type":"other","section":"Document Structure - Headers and Titles","severity":"medium","reasoning":"While likely a rendering or formatting error rather than a substantive legislative flaw, a Proclamation as a formal instrument of delegated legislation derives legal effect from its precise form. Systematic duplication of operative titles and headings creates genuine ambiguity about which instance of a heading is authoritative, and in a strict legal sense could be argued to produce an instrument that fails to identify itself with the requisite clarity required of a statutory instrument under the Subordinate Legislation Act 1992 (Tas).","confidence":0.5,"description":"Every heading and section title in the document is duplicated verbatim (e.g. 'Proclamation under the Local G Proclamation under the Local Government (Highways) Amendment Act 2001', 'Status Information Status Information', 'Currency of version Currency of version'). This structural duplication renders the document self-referentially incoherent as a formal legislative instrument."},{"type":"impossible_compliance","section":"Entire Document","severity":"high","reasoning":"A Proclamation is a formal executive instrument used to bring legislation into force or give effect to a statutory power. Without any operative clause, the instrument cannot perform its stated legal function. Any person seeking to rely on or comply with the Proclamation cannot determine what it actually proclaims. This renders the instrument legally vacuous on its face as presented.","confidence":0.72,"description":"The document purports to be a Proclamation under the Local Government (Highways) Amendment Act 2001 but contains no operative proclamation text whatsoever — no commencement date is proclaimed, no provision is brought into force, and no substantive legal effect is declared. The instrument is entirely metadata and status information."}],"contradictions":[{"severity":"low","section_a":"Currency of version: 'Legislation on this site is usually updated within 3 working days after a change to the legislation.'","section_b":"Authorisation: 'File last modified 5 July 2017'","confidence":0.5,"description":"The currency statement implies active and ongoing updating of the document in near-real-time, yet the file has not been modified in approximately 9 years as of the stated access date of 8 April 2026. Either the legislation has not changed since 2017 (making the dynamic currency disclaimer misleading) or updates have not been applied as represented."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation of this type has a fixed, narrow purpose: to commence the parent Act. There is no indication of scope change — it performs exactly the administrative function such instruments are designed to perform."},"complexity_factors":["Minimal substantive content — this is a procedural commencement instrument only","The actual legal changes are in the parent Act (Local Government (Highways) Amendment Act 2001), not this proclamation","Standard form government proclamation with no novel legal concepts","Jurisdiction limited to Tasmania, reducing cross-jurisdictional complexity","The document as provided is largely metadata and status information rather than operative legal text"],"plain_english_summary":"This proclamation by the Governor brought the Local Government (Highways) Amendment Act 2001 into force, activating changes to how Tasmanian local councils manage and maintain roads and highways. \n\nIt affects local councils (and therefore residents and road users) by making the Act’s amendments legally operative from 15 May 2002; the proclamation itself is an administrative “switch” rather than new policy."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation does not change the substantive scope of the Local Government (Highways) Amendment Act 2001. Under s.2(1) it simply fixes the commencement date (1 June 2002) for listed sections (5, 6, 9, 10, 11, 14 and 16), thereby activating their existing legal effects without altering their content."},"complexity_factors":["Nature of instrument: single-purpose commencement proclamation (low legal complexity)","Limited content: no substantive policy or regulatory text included, only a commencement date","References to multiple sections of another Act require checking that Act to assess full operational impact","Involves constitutional/administrative actors (Governor, Executive Council) but routine formal procedure","Timing sensitivity: sets an implementation deadline which can create administrative compliance tasks for agencies"],"plain_english_summary":"This proclamation fixes 1 June 2002 as the day on which selected sections (5, 6, 9, 10, 11, 14 and 16) of the Local Government (Highways) Amendment Act 2001 commence. It affects Tasmanian state and local government agencies that administer highways by starting the legal effects, duties and powers contained in those sections. Mechanically, the instrument does not change the Act’s substance; it only imposes a start date that requires agencies to implement whatever obligations and arrangements those sections create."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement proclamation performing exactly the function intended — bringing selected provisions of an amending Act into force. There is no scope creep; the document serves its narrow, procedural purpose."},"complexity_factors":["Single operative provision (fixing a commencement date)","No defined terms","No conditional logic or exceptions","No cross-references to other legislation (except citation of the parent Act and standard administrative references)","Standard proclamation format — essentially a template with blanks filled in","Extremely short (under 200 words of substantive content)"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings specific parts of a law into force on a particular date.\n\n**What it does:**\n- The Governor of Tasmania (acting on advice from the Executive Council) has officially declared that **sections 5, 6, 9, 10, 11, 14, and 16** of the *Local Government (Highways) Amendment Act 2001* will start operating on **1 June 2002**.\n\n**Why this matters:**\n- Laws often don't take effect immediately when passed by Parliament. Some need to be \"proclaimed\" (officially announced) to start working.\n- This proclamation selectively activates only certain sections of the Act, leaving other sections dormant until a later date (or possibly never, if never proclaimed).\n\n**Who it affects:**\n- Local councils in Tasmania (the Act deals with highway management)\n- Anyone using or affected by local roads and highways\n- Government officials responsible for implementing the new highway-related rules\n\n**Key point:** This document doesn't create new rules itself — it's simply the \"on switch\" for specific parts of an existing law."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-local-government-highways-amendment-act-2001","history":"/api/acts/proclamation-under-the-local-government-highways-amendment-act-2001/history","analysis":"/api/acts/proclamation-under-the-local-government-highways-amendment-act-2001/analysis","conflicts":"/api/acts/proclamation-under-the-local-government-highways-amendment-act-2001/conflicts","importantCases":"/api/acts/proclamation-under-the-local-government-highways-amendment-act-2001/important-cases","documents":"/api/acts/proclamation-under-the-local-government-highways-amendment-act-2001/documents"}}