{"id":"tas:sr-2008-022","name":"Proclamation under the Monetary Penalties Enforcement Act 2005","slug":"proclamation-under-the-monetary-penalties-enforcement-act-2005","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"22 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315752,"registerId":"tas-tas:sr-2008-022-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Monetary Penalties Enforcement Act 2005","content":"> Proclamation under the Monetary Penalties Enforcement Act 2005\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-2005-057#GS2@EN) [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) fix 28 April 2008 as the day on which the provisions of that Act commence.\n\n31 March 2008\n\nW. J. E. COX\n\nGovernor\n\nBy His Excellency's Command,\n\nD. E. LLEWELLYN\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 9 April 2008\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the content or scope of the Monetary Penalties Enforcement Act 2005; it merely sets the date (28 April 2008) on which the Act’s provisions commence operation."},"complexity_factors":["Narrow legal effect: fixes a single commencement date rather than changing substantive law","No policy or procedural amendments in the proclamation text itself","Administrative role specified (Governor acting on Executive Council advice; Department of Justice to administer)","Practical impact depends on the underlying Act’s complexity rather than the proclamation"],"plain_english_summary":"This proclamation brings the Monetary Penalties Enforcement Act 2005 into force in Tasmania on 28 April 2008. It gives the Act’s enforcement framework legal effect from that date.\n\nIt affects people and organisations subject to monetary penalties and the agencies that register or collect fines: those required to pay will be subject to the Act’s enforcement processes and any associated costs. The Governor, acting with the Executive Council, fixed the commencement date; the Department of Justice administers the proclamation."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument performing exactly the function intended — bringing an Act into force on a specified date. No scope expansion."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No conditional logic or exceptions","No cross-references to substantive legal provisions (only citation of empowering section)","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- The Governor of Tasmania (acting on ministerial advice) officially declares that the *Monetary Penalties Enforcement Act 2005* will start operating on **28 April 2008**.\n\n**Why this matters:**\n- Laws passed by Parliament don't automatically take effect immediately. They often need a formal \"start date\" set by the Governor through a proclamation like this one.\n- This particular law deals with how monetary penalties (fines and money owed to courts) are enforced in Tasmania — so this proclamation was the trigger that allowed courts to start using those enforcement powers.\n\n**Who it affects:**\n- Anyone who owes fines or monetary penalties to Tasmanian courts from 28 April 2008 onwards, as the enforcement mechanisms became active on that date."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The currency statement suggests active, up-to-date status through to the access date, but the modification date reveals the instrument has been static for approximately 9 years. This creates a misleading implication of currency without substantive updating activity.","confidence":0.55,"description":"The instrument states it is 'current from 9 April 2008 to date (accessed 8 April 2026 at 1:53)' while simultaneously stating the file was 'last modified 5 July 2017'. If the instrument has not been modified since 2017, the 'to date' currency claim covering 2017-2026 is substantively hollow, as no updates have occurred in nearly a decade despite the currency window implying ongoing relevance."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The 3-working-day update guarantee is offered as a quality assurance statement but is rendered absurd when applied to an instrument unchanged for ~9 years. The promise of rapid updates implies a dynamism that is contradicted by the modification history.","confidence":0.5,"description":"The legislation states it is 'usually updated within 3 working days after a change to the legislation', yet the file was last modified 5 July 2017. This creates a logical absurdity: the update mechanism is described in present tense as operational, but the instrument itself demonstrates no changes have required that mechanism for nearly a decade, making the assurance practically meaningless for this specific instrument."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version (access date: 8 April 2026 at 1:53)","section_b":"Authorisation - File last modified 5 July 2017","confidence":0.6,"description":"The version is described as 'current... to date' as of 8 April 2026, implying the instrument reflects the current state of law as at that date. However, the authorisation block states the file was last modified 5 July 2017, nearly 9 years prior. These two statements are in tension: a document cannot be meaningfully 'current to' a 2026 access date if its last substantive update was in 2017, unless no amendments have been made — which itself raises questions about why the currency window is expressed dynamically rather than as a closed period."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation — its sole function is to bring the Monetary Penalties Enforcement Act 2005 into operation. There is no evidence of scope change; it performs exactly the ministerial/administrative function such proclamations are designed for."},"complexity_factors":["The document itself is primarily administrative/metadata — the substantive legal content is minimal or not fully reproduced","Proclamations are generally simple instruments that serve a single purpose: commencing legislation","The underlying Act (Monetary Penalties Enforcement Act 2005) is more complex, but this instrument merely activates it","No technical definitions, cross-references, or conditional provisions are visible in this excerpt"],"plain_english_summary":"This Proclamation formally brings parts of the Monetary Penalties Enforcement Act 2005 into force in Tasmania, activating the state’s system for collecting unpaid fines. It affects anyone with court or agency-imposed financial penalties by enabling enforcement measures such as licence suspension, property seizure and garnishment. It matters because a proclamation fixes the law’s commencement date — this one took effect on 9 April 2008."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-act-2005","history":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-act-2005/history","analysis":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-act-2005/analysis","conflicts":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-act-2005/conflicts","importantCases":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-act-2005/important-cases","documents":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-act-2005/documents"}}