{"id":"tas:sr-2013-040","name":"Proclamation under the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013","slug":"proclamation-under-the-marine-safety-domestic-commercial-vessel-national-law-application-act-2013","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"40 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187745,"registerId":"tas-tas:sr-2013-040-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013","content":"> Proclamation under the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013\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-2013-004#GS2@EN) [Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013](/view/html/inforce/2026-04-12/act-2013-004) fix 1 July 2013 as the day on which the provisions of that Act, except [section 15(1)](/view/html/inforce/2026-04-12/act-2013-004#GS15@Gs1@EN) and [(2)](/view/html/inforce/2026-04-12/act-2013-004#GS15@Gs2@EN) , commence.\n\n17 June 2013\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nD. J. O'BYRNE\n\nMinister for Infrastructure\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 26 June 2013\n\nThis proclamation is administered in the Department of Infrastructure, Energy and Resources.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation appears to perform exactly its intended function: formally commencing or applying the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013 in Tasmania. There is no evidence of scope expansion or contraction from the original legislative intent."},"complexity_factors":["The document is purely procedural — a proclamation instrument with no substantive legal content of its own","Very short with minimal operative text; most complexity resides in the parent Act it activates","The interplay between state application legislation and the federal national law scheme adds a small layer of constitutional/cooperative federalism context","No amending provisions or transitional rules visible in the document itself"],"plain_english_summary":"This proclamation formally brings the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013 into effect in Tasmania, making the national domestic commercial vessel safety framework operative in Tasmanian waters.  \n\nIt means commercial vessel operators, their crews and passengers in Tasmania are now subject to a single, nationally consistent regime for vessel safety, licensing and crewing—simplifying compliance for operators who work across jurisdictions."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"A proclamation that has apparently been amended (per the Table of Amending Instruments link) but whose file was last modified in 2017 yet is described as current to 2026 creates a minor temporal curiosity — the 'to date' currency claim is unverifiable against the substance of the instrument because no operative sections are reproduced in the text provided. This is likely a document rendering issue rather than a legislative flaw, but it creates an internal inconsistency in the metadata.","confidence":0.45,"description":"The version is stated as current 'from 26 June 2013 to date' while the file is stated as last modified '5 July 2017', yet the proclamation contains no substantive operative provisions in the text provided."},{"type":"other","section":"Document structure (entire instrument as rendered)","severity":"medium","reasoning":"A proclamation is a substantive legal instrument that must contain operative content — typically a commencement date or declaration bringing a law into force. The document as rendered contains only duplicated headings and metadata, with zero operative clauses. If this reflects the actual legislative instrument rather than a rendering error, it would mean the proclamation has no legal effect because it declares nothing. A proclamation with no operative text cannot legally bring the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013 into force in Tasmania, yet it is treated as a valid, current instrument.","confidence":0.6,"description":"Every heading, section title, and metadata block is duplicated verbatim throughout the document, creating a document where the only content is repeated structural scaffolding with no operative legislative provisions visible."}],"contradictions":[{"severity":"low","section_a":"Status Information — 'File last modified 5 July 2017'","section_b":"Currency of version — 'Version current from 26 June 2013 to date (accessed 5 April 2026 at 18:45)'","confidence":0.65,"description":"The instrument claims it has been current and unchanged since 26 June 2013, yet the file was last modified on 5 July 2017, indicating a substantive change occurred after commencement. These two statements cannot both be accurate simultaneously."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement instrument performing exactly the function intended — bringing an Act into force on a specified date with limited exceptions. No scope creep."},"complexity_factors":["Single operative provision fixing a commencement date","Only two subsections explicitly excluded from commencement","No defined terms, no conditional logic, no cross-references to other legislation beyond the parent Act","Standard proclamation format — essentially a template document with minimal legal machinery"],"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 **1 July 2013** as the date when the *Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013* (Tasmania) starts operating.\n- **Delays two sections** (section 15(1) and 15(2)) — these parts of the law won't start on that date and will begin later (presumably under a separate proclamation).\n\n**Who it affects:**\n- Anyone operating **domestic commercial vessels** in Tasmanian waters (fishing boats, charter boats, work boats, etc.).\n- Maritime safety regulators and the Department of Infrastructure.\n\n**Why it matters:**\n- This proclamation is the legal 'switch' that turns on Tasmania's adoption of the **national domestic commercial vessel safety laws**. Without this proclamation, the Act would just sit on the shelf unenforceable. It ensures Tasmania's marine safety rules align with other Australian states under a national scheme, but staggers the start date so industry and government can prepare."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not amend the Act’s content or widen/narrow who is covered; it only sets the commencement date for most provisions (1 July 2013) while excluding s15(1)–(2) from that commencement. It therefore alters timing but not substantive scope."},"complexity_factors":["Instrument is a commencement proclamation (no substantive policy or regulatory amendments)","Specific exception of particular provisions (sections 15(1) and (2)) requires cross-referencing the Act","Formal legal authority cited (section 2) and executive procedure (Governor acting with Executive Council)","Administrative formalities: gazette notification and department administration"],"plain_english_summary":"This proclamation, made by the Governor with the Executive Council under section 2 of the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013, fixes 1 July 2013 as the day most provisions of that Act commence, except for sections 15(1) and (2). It brings persons and businesses covered by the Act under its legal obligations from that date; it does not change the Act’s text, creates no new fees, and was notified in the Gazette and is administered by the Department of Infrastructure, Energy and Resources."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-marine-safety-domestic-commercial-vessel-national-law-application-act-2013","history":"/api/acts/proclamation-under-the-marine-safety-domestic-commercial-vessel-national-law-application-act-2013/history","analysis":"/api/acts/proclamation-under-the-marine-safety-domestic-commercial-vessel-national-law-application-act-2013/analysis","conflicts":"/api/acts/proclamation-under-the-marine-safety-domestic-commercial-vessel-national-law-application-act-2013/conflicts","importantCases":"/api/acts/proclamation-under-the-marine-safety-domestic-commercial-vessel-national-law-application-act-2013/important-cases","documents":"/api/acts/proclamation-under-the-marine-safety-domestic-commercial-vessel-national-law-application-act-2013/documents"}}