{"id":"tas:sr-2013-065","name":"Proclamation under the Marine Safety (Domestic Commercial Vessel National Law Application) Consequential Amendments Act 2013","slug":"proclamation-under-the-marine-safety-domestic-commercial-vessel-national-law-application-consequenti","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"65 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187789,"registerId":"tas-tas:sr-2013-065-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) Consequential Amendments Act 2013","content":"> Proclamation under the Marine Safety (Domestic Commercial Vessel National Law Application) Consequential Amendments Act 2013\n\nI, the Lieutenant-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](/view/html/inforce/2026-04-12/act-2013-031#GS2@EN) of the [Marine Safety (Domestic Commercial Vessel National Law Application) Consequential Amendments Act 2013](/view/html/inforce/2026-04-12/act-2013-031) fix 2 September 2013 as the day on which the provisions of that Act commence.\n\n19 August 2013\n\nA. M. BLOW\n\nLieutenant-Governor\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 28 August 2013\n\nThis proclamation is administered in the Department of Infrastructure, Energy and Resources.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument that performs exactly the function intended: bringing the parent Act into force on a specified date. It has not expanded beyond its original purpose."},"complexity_factors":["Single operative provision: fixes one commencement date","No defined terms","No cross-references to other legislation (except citation of the empowering section)","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- Sets **2 September 2013** as the date when the *Marine Safety (Domestic Commercial Vessel National Law Application) Consequential Amendments Act 2013* starts operating.\n\n**Why this matters:**\n- Laws passed by Parliament don't always take effect immediately. This proclamation officially \"switches on\" the Act so it can be enforced.\n- The Act itself made changes to how commercial boats are regulated in Tasmania, aligning state rules with new national standards for domestic commercial vessels.\n\n**Who issued it:**\n- The **Lieutenant-Governor of Tasmania** (acting on advice from the Executive Council, which is the formal name for the state Cabinet).\n\n**Key detail:**\n- The proclamation was signed on **19 August 2013** and published in the government gazette on **28 August 2013**, giving about two weeks' notice before the law took effect on 2 September."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive scope or content of the underlying Act; it only specifies the date (2 September 2013) on which the Act's provisions commence in Tasmania and records administrative publication details."},"complexity_factors":["Single operative action: fixes a commencement date","Explicit cross-reference to section 2 of the named Act (legal dependency on that Act for substantive effect)","No substantive amendments or policy rules within the proclamation itself","Formalities recorded (signatures, Gazette notification, administering department)","Timing and publication steps affect implementation sequencing but not legal content"],"plain_english_summary":"This proclamation brings the Marine Safety (Domestic Commercial Vessel National Law Application) Consequential Amendments Act 2013 into force in Tasmania on 2 September 2013. It is procedural: it fixes the Act's commencement date and records the signing, publication and administrative details, without altering the Act's substantive content."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A file modification date of 5 July 2017 suggests substantive or administrative changes occurred after the original commencement, yet the currency statement implies no amendments have altered its operative effect. This is not necessarily a legal flaw but raises questions about what the 2017 modification entailed and whether the currency statement accurately reflects the instrument's state.","confidence":0.45,"description":"The legislation claims to be 'current from 28 August 2013 to date' while simultaneously stating the file was last modified on 5 July 2017, creating an internal inconsistency about when the instrument was last substantively changed versus when it is 'current to'."},{"type":"other","section":"Document Structure - Title and Heading Duplication","severity":"medium","reasoning":"Under the Acts Interpretation Act 1931 (Tas) and general principles of statutory construction, a proclamation must be sufficiently certain and legible to have legal effect. Systematic duplication of every structural element suggests the authoritative text is uncertain. If this reflects the actual Gazette publication, there may be grounds to challenge whether the proclamation was properly made or published.","confidence":0.6,"description":"Every heading and title in this instrument is duplicated verbatim, suggesting either a catastrophic document rendering error or that the instrument as published is structurally defective. A proclamation that cannot be read coherently due to systematic duplication raises questions about its formal validity as a published legal instrument."},{"type":"impossible_compliance","section":"Entire Instrument","severity":"high","reasoning":"A proclamation by its nature must proclaim something. A proclamation that contains only metadata, status information, and duplicated headings with zero operative content is legally vacuous. If this represents the complete instrument, it fails the fundamental requirement that a proclamation must specify what is being proclaimed, rendering it incapable of producing any legal effect. This may be a document extraction issue, but as presented, the instrument is an empty shell.","confidence":0.75,"description":"This instrument purports to be a Proclamation under the Marine Safety (Domestic Commercial Vessel National Law Application) Consequential Amendments Act 2013 but contains no operative provisions whatsoever — no commencement date is proclaimed, no provisions are brought into force, and no substantive legal effect is declared anywhere in the text provided."},{"type":"other","section":"Status Information - Update Policy","severity":"low","reasoning":"Administrative website disclaimers about update timelines have no legal force and should not appear as substantive content within a legal instrument. Their inclusion blurs the boundary between the operative legal text and publisher's administrative notices, potentially causing confusion about what forms part of the authoritative version of the law.","confidence":0.65,"description":"The statement that 'legislation on this site is usually updated within 3 working days after a change' appears within the body of the instrument itself rather than as a website disclaimer, embedding an administrative website policy as if it were part of the legal instrument."}],"contradictions":[{"severity":"low","section_a":"Status Information - File last modified 5 July 2017","section_b":"Currency of version - current from 28 August 2013 to date","confidence":0.5,"description":"The instrument states it has been current and unchanged since 28 August 2013, yet the file modification date of 5 July 2017 indicates something changed approximately four years after the stated commencement. The Table of Amending Instruments reference further implies amendments may exist, contradicting the implied stability of the 'current from 2013' statement."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does exactly what a proclamation is designed to do — bring an Act into force on a specified date. There is no evidence of scope change from the original legislative intent. The underlying Act it activates was itself a consequential and administrative instrument aligned with a pre-planned national reform."},"complexity_factors":["The proclamation itself contains almost no substantive legal content — it is a one-purpose instrument simply setting a commencement date","Understanding its significance requires knowledge of the broader national marine safety reform framework it activates","The full title is lengthy and technical, which can obscure the document's simple administrative purpose","Cross-referencing is needed to understand what specific Tasmanian laws were amended by the Act being proclaimed"],"plain_english_summary":"This proclamation is the Governor’s formal notice bringing the Marine Safety (Domestic Commercial Vessel National Law Application) Consequential Amendments Act 2013 into effect in Tasmania. It makes Tasmania subject to the national marine safety and registration regime overseen by AMSA from 28 August 2013, removes overlapping state rules, and affects domestic commercial vessel operators, their crews, and marine safety regulators by shifting licences, surveys and standards to a single national framework."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-marine-safety-domestic-commercial-vessel-national-law-application-consequenti","history":"/api/acts/proclamation-under-the-marine-safety-domestic-commercial-vessel-national-law-application-consequenti/history","analysis":"/api/acts/proclamation-under-the-marine-safety-domestic-commercial-vessel-national-law-application-consequenti/analysis","conflicts":"/api/acts/proclamation-under-the-marine-safety-domestic-commercial-vessel-national-law-application-consequenti/conflicts","importantCases":"/api/acts/proclamation-under-the-marine-safety-domestic-commercial-vessel-national-law-application-consequenti/important-cases","documents":"/api/acts/proclamation-under-the-marine-safety-domestic-commercial-vessel-national-law-application-consequenti/documents"}}