{"id":"tas:sr-2006-142","name":"Proclamation under the Marine Safety (Misuse of Alcohol) Act 2006","slug":"proclamation-under-the-marine-safety-misuse-of-alcohol-act-2006","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"142 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":316104,"registerId":"tas-tas:sr-2006-142-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Marine Safety (Misuse of Alcohol) Act 2006","content":"> Proclamation under the Marine Safety (Misuse of Alcohol) Act 2006\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-2006-025#GS2@EN) [Marine Safety (Misuse of Alcohol) Act 2006](/view/html/inforce/2026-04-12/act-2006-025) fix 23 December 2006 as the day on which that Act commences.\n\n20 December 2006\n\nW. J. E. COX\n\nGovernor\n\nBy His Excellency's Command,\n\nD. E. LLEWELLYN\n\nMinister for Police and Emergency Management\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 22 December 2006\n\nThis proclamation is administered in the Department of Police and Emergency Management.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Document Structure/Metadata","severity":"medium","reasoning":"A proclamation is a formal legal instrument. The entire document as presented contains no operative legal provisions whatsoever — only repeated headers, status information, and metadata. If this represents the complete instrument, it is a proclamation that proclaims nothing, rendering it legally meaningless and incapable of having any legal effect.","confidence":0.85,"description":"The proclamation title, headings, and metadata blocks are duplicated multiple times throughout the document, creating a document that is largely composed of repeated identical content rather than substantive legal provisions."},{"type":"other","section":"Currency/Authorisation Metadata","severity":"low","reasoning":"If the file was modified in 2017 but the version is stated as current from 2006 with no amendment content visible, there is an internal tension between the modification date and the apparent static currency period. This raises questions about what the 2017 modification changed if no substantive content is visible.","confidence":0.55,"description":"The document states it is 'current from 22 December 2006 to date' but the file was 'last modified 5 July 2017', yet the Table of Amending Instruments link is provided without any amendments being listed or described in the visible text."},{"type":"impossible_compliance","section":"Document as a whole","severity":"high","reasoning":"Under standard Australian drafting conventions, a proclamation must specify what is being proclaimed (e.g., a commencement date for the Marine Safety (Misuse of Alcohol) Act 2006 or specific provisions thereof). Without operative content, any person or authority seeking to rely on or comply with this proclamation cannot determine its legal effect, creating an instrument of impossible practical application.","confidence":0.78,"description":"A 'Proclamation' as a legal instrument must contain operative words — typically a declaration by the Governor bringing an Act or provisions into force on a specified date. This document contains no operative clause, no commencement date declared, and no Governor's signature block or Executive Council notation, making it impossible to determine what, if anything, is being proclaimed."}],"contradictions":[{"severity":"low","section_a":"Status Information — 'Version current from 22 December 2006 to date'","section_b":"Authorisation — 'File last modified 5 July 2017'","confidence":0.65,"description":"The document simultaneously claims to be a version current and unchanged from 22 December 2006 while also disclosing that the file was last modified on 5 July 2017, approximately 10.5 years after the stated currency commencement date."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation is a narrow, mechanical instrument used solely to commence legislation. There is no indication of scope change from the original intent — its purpose is purely administrative: to set a commencement date for the Marine Safety (Misuse of Alcohol) Act 2006, which it appears to have done as intended on 22 December 2006."},"complexity_factors":["Document is a short-form Proclamation (commencement instrument), not substantive legislation — minimal legal complexity in itself","Requires cross-referencing the Marine Safety (Misuse of Alcohol) Act 2006 to understand what provisions it activates","Only status and metadata information is visible in the provided text — the operative clause is not reproduced, adding minor interpretive uncertainty","Standard Tasmanian subordinate legislation format with no unusual structural complexity"],"plain_english_summary":"This Proclamation — a formal notice by the Tasmanian Governor — brought parts of the Marine Safety (Misuse of Alcohol) Act 2006 into force, making the Act’s alcohol rules for vessels legally binding from 22 December 2006. \n\nIt affects anyone who operates, navigates or is in charge of a vessel in Tasmanian waters (boat owners, skippers, recreational users) by enabling drink‑on‑water limits, testing and penalties similar to road drink‑driving laws."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which by definition has a single, narrow purpose: to activate the parent Act. It has not expanded beyond this original intent."},"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 with ceremonial language only"],"plain_english_summary":"This is a short official notice (called a 'proclamation') that sets the date when the Marine Safety (Misuse of Alcohol) Act 2006 actually becomes law. The Governor of Tasmania, acting on advice from the Executive Council, has declared that the Act will start on **23 December 2006**.\n\n**What this means:**\n- Before this proclamation, the Act was passed by Parliament but wasn't yet active\n- From 23 December 2006 onwards, the rules about alcohol misuse on vessels (boats and ships) in Tasmanian waters became enforceable\n- This is a standard procedural step — many Acts need a specific 'commencement date' set by the Governor before they can take effect\n\n**Who it affects:**\n- Anyone operating vessels in Tasmania\n- Marine safety officers who enforce alcohol laws on the water\n\n**Why it matters:**\nWithout this proclamation, the Act would remain inactive 'on the shelf' even though Parliament passed it. This document flips the switch to make the law operational."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not alter the substantive scope, duties, or penalties of the Marine Safety (Misuse of Alcohol) Act 2006. It solely fixes the Act's commencement date under section 2 and records administration arrangements (Department of Police and Emergency Management) and formal publication details; it does not expand, limit or modify who is covered or what the Act requires."},"complexity_factors":["Single-purpose commencement instrument that only fixes a commencement date (text: \"fix 23 December 2006 as the day on which that Act commences\").","Legal authority invoked is section 2 of the Act (proclamation made under section 2).","Formal procedural elements increase minor complexity: Governor acting with the advice of the Executive Council; Minister signs (W. J. E. Cox; D. E. Llewellyn).","Publication and procedural compliance noted: notified in the Gazette (22 December 2006) and displayed/numbered under the Rules Publication Act 1953.","No substantive legislative amendments, regulatory details, compliance mechanisms, or enforcement provisions are included in the proclamation itself, reducing technical complexity."],"plain_english_summary":"This proclamation, signed by the Governor under section 2 of the Marine Safety (Misuse of Alcohol) Act 2006, sets 23 December 2006 as the date the Act comes into force in Tasmania. It makes the Act legally effective from that date and places administration responsibility with the Department of Police and Emergency Management, so people and agencies covered by the Act must comply with its requirements from 23 December 2006."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-marine-safety-misuse-of-alcohol-act-2006","history":"/api/acts/proclamation-under-the-marine-safety-misuse-of-alcohol-act-2006/history","analysis":"/api/acts/proclamation-under-the-marine-safety-misuse-of-alcohol-act-2006/analysis","conflicts":"/api/acts/proclamation-under-the-marine-safety-misuse-of-alcohol-act-2006/conflicts","importantCases":"/api/acts/proclamation-under-the-marine-safety-misuse-of-alcohol-act-2006/important-cases","documents":"/api/acts/proclamation-under-the-marine-safety-misuse-of-alcohol-act-2006/documents"}}