{"id":"tas:sr-1998-022","name":"Proclamation under the Magistrates Court (Civil Division) Act 1992","slug":"proclamation-under-the-magistrates-court-civil-division-act-1992","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"22 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":319101,"registerId":"tas-tas:sr-1998-022-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Magistrates Court (Civil Division) Act 1992","content":"> Proclamation under the Magistrates Court (Civil Division) Act 1992\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-1992-027#GS2@EN) [Magistrates Court (Civil Division) Act 1992](/view/html/inforce/2026-04-12/act-1992-027) fix 30 March 1998 as the day on which that Act commences.\n\n30 March 1998\n\nG. S. M. GREEN\n\nGovernor\n\nBy His Excellency's Command,\n\nR. J. GROOM\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 30 March 1998\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":"The claim of currency 'to date' combined with a modification date nearly 5 years prior creates a tension: either the proclamation has not changed since 2021 (which is plausible for a simple proclamation) or the currency claim is misleading. For a simple proclamation this is low severity but noteworthy as a potential false assurance of currency.","confidence":0.45,"description":"The document states it is 'Version current from 30 March 1998 to date (accessed 8 April 2026 at 3:30)' while also stating 'File last modified 10 August 2021'. If the file was last modified in 2021, it cannot be genuinely current 'to date' as of 2026 without any subsequent amendments being reflected."},{"type":"impossible_compliance","section":"Document Structure - Entire Document","severity":"high","reasoning":"A proclamation under the Magistrates Court (Civil Division) Act 1992 must, by its nature, proclaim something — typically bringing sections of the Act into force on a specified date, or declaring a fact of legal consequence. A proclamation with no operative text is either legally ineffective or the operative content has been omitted from this published version entirely, rendering compliance with or reliance upon it impossible.","confidence":0.85,"description":"The proclamation document contains no substantive operative provisions whatsoever. A proclamation under an Act is a legal instrument intended to bring provisions into force or declare matters of legal effect, yet this document contains only metadata, status information, and administrative headers with zero operative legal content."},{"type":"other","section":"Status Information - Table of Amending Instruments","severity":"medium","reasoning":"Proclamations are typically spent upon the occurrence of the proclaimed event (e.g., commencement of an Act). The existence of amending instruments to a proclamation suggests either the proclamation has ongoing operative effect (unusual) or the amending instruments themselves are redundant, as the original act of proclamation cannot be undone retrospectively in any meaningful operational sense.","confidence":0.55,"description":"The document references a 'Table of Amendments' via hyperlink, implying this proclamation has been amended. However, a proclamation — a one-time executive instrument that brings something into force on a date — is by its nature a spent instrument once operative. Amending a spent proclamation is a logical absurdity as there is nothing left to amend operatively."},{"type":"other","section":"Document Structure - Heading Duplication","severity":"low","reasoning":"While this is likely a rendering or formatting error rather than a substantive legislative flaw, a legal instrument that on its face appears to duplicate every heading raises questions about which version is authoritative and whether the document as published accurately reflects the sealed original. In legal proceedings, document integrity matters.","confidence":0.9,"description":"Every heading and section title in the document is duplicated verbatim (e.g., 'Proclamation under the Magistr Proclamation under the Magistrates Court (Civil Division) Act 1992', 'Status Information Status Information', 'Currency of version Currency of version'). This creates an internally incoherent document structure."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version (Version current from 30 March 1998 to date)","section_b":"Status Information - Authorisation (File last modified 10 August 2021)","confidence":0.5,"description":"The document simultaneously claims to be current 'to date' (i.e., to 8 April 2026) and states the file was last modified on 10 August 2021. If the file has not been modified since 2021, it cannot self-evidently be confirmed as current to 2026 without independent verification, creating a contradiction between the currency assertion and the modification evidence."},{"severity":"high","section_a":"Document Title - 'Proclamation under the Magistrates Court (Civil Division) Act 1992'","section_b":"Document Body - Absence of any operative proclamation text","confidence":0.8,"description":"The title asserts this is a legally operative proclamation under a specific Act of Parliament, but the body of the document contains no operative text, no commencement dates, no proclamation of any fact or legal state of affairs, and no Governor's signature block or seal reference — directly contradicting the characterisation of the document as a proclamation."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the scope or content of the Magistrates Court (Civil Division) Act 1992; it solely sets the Act’s commencement date under s.2 and records administrative publication and responsibility. Any change in who is regulated or what is required arises from the Act when it comes into force, not from this proclamation."},"complexity_factors":["Single, discrete legal effect: fixes a commencement date (low substantive complexity)","Authority and formality: made by the Governor on Executive Council advice (constitutional/administrative step)","Reference dependence: operates under section 2 of the parent Act (relies on external text for substantive detail)","Administrative mechanics: notified in the Gazette and administered by the Department of Justice","No interpretive or regulatory detail in the proclamation itself—substantive effects depend on the Act’s provisions"],"plain_english_summary":"This proclamation, made by the Governor with Executive Council advice under section 2 of the Magistrates Court (Civil Division) Act 1992, fixes 30 March 1998 as the date the Act commences and is administered by the Department of Justice. The proclamation itself does not change the Act’s content or create new obligations; it only brings the existing statutory rules into force, so any costs or regulatory effects flow from the Act once commenced (per s.2)."},"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: bringing the parent Act into operation on a specified date."},"complexity_factors":["Single operative provision: fixes one date","No defined terms","No cross-references to other legislation (except citation of the parent Act)","No conditional logic or exceptions","Standard ceremonial/formulaic language only"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into force.\n\n**What it does:**\n- Sets **30 March 1998** as the date when the *Magistrates Court (Civil Division) Act 1992* (Tasmania) starts operating.\n\n**Who it affects:**\n- Anyone in Tasmania who uses or is subject to the Magistrates Court's civil jurisdiction — this includes people bringing small claims, debt recovery cases, and other civil disputes handled by the Magistrates Court.\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically take effect. They need a formal \"start date\" (called **commencement**). This document provides that trigger, meaning the 1992 Act finally became operational nearly six years after it was passed.\n- Until this proclamation was made, the Act existed on paper but had no legal force."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this Proclamation has changed since it commenced on 30 March 1998. The Table of Amendments is referenced but no substantive amendments are apparent from the information provided."},"complexity_factors":["The document as provided contains only metadata and status information — no operative legal content is visible, making substantive analysis impossible","Proclamations are generally simple instruments compared to primary legislation","The parent Act (Magistrates Court (Civil Division) Act 1992) may add complexity depending on what powers were exercised, but the proclamation itself is a single administrative act","Long period of operation (since 1998) without amendment suggests stable and uncomplicated content"],"plain_english_summary":"This Proclamation, made under the Magistrates Court (Civil Division) Act 1992 (Tas.), concerns the Tasmanian Magistrates Court’s civil jurisdiction and has been in force since 30 March 1998. It may affect parties in everyday civil disputes in that court, but the operative clauses aren’t reproduced here, so its precise practical effect can’t be determined."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-magistrates-court-civil-division-act-1992","history":"/api/acts/proclamation-under-the-magistrates-court-civil-division-act-1992/history","analysis":"/api/acts/proclamation-under-the-magistrates-court-civil-division-act-1992/analysis","conflicts":"/api/acts/proclamation-under-the-magistrates-court-civil-division-act-1992/conflicts","importantCases":"/api/acts/proclamation-under-the-magistrates-court-civil-division-act-1992/important-cases","documents":"/api/acts/proclamation-under-the-magistrates-court-civil-division-act-1992/documents"}}