{"id":"tas:sr-2011-042","name":"Proclamation under the Monetary Penalties Enforcement (Miscellaneous Amendments) Act 2011","slug":"proclamation-under-the-monetary-penalties-enforcement-miscellaneous-amendments-act-2011","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"42 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314634,"registerId":"tas-tas:sr-2011-042-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 (Miscellaneous Amendments) Act 2011","content":"> Proclamation under the Monetary Penalties Enforcement (Miscellaneous Amendments) Act 2011\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(1) of the](/view/html/inforce/2026-04-12/act-2011-004#GS2@Gs1@EN) [Monetary Penalties Enforcement (Miscellaneous Amendments) Act 2011](/view/html/inforce/2026-04-12/act-2011-004) fix 1 June 2011 as the day on which that Act, except [Part 3](/view/html/inforce/2026-04-12/act-2011-004#HP3@EN) of that Act, commences.\n\n16 May 2011\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nLARA GIDDINGS\n\nPremier Acting for and on Behalf of the Minister 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 25 May 2011\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 change the substantive scope of the Act. It only sets the commencement date (1 June 2011) for all provisions except Part 3, under the authority of section 2(1), so the Act’s legal reach is unchanged but activated in part on that date."},"complexity_factors":["Single administrative action: it only fixes a commencement date (low structural complexity).","Partial commencement: excludes Part 3, creating a two-stage entry into force that requires tracking which provisions apply when.","Clear legal authority: made under s.2(1) of the Act, so legal basis is explicit and narrow.","No substantive operational detail: the proclamation does not itself create offences, procedures or obligations — it activates provisions in the underlying Act.","Low immediate compliance burden from the proclamation itself, but it triggers compliance obligations under the Act for affected parties from the commencement date.","Coordination requirement: agencies enforcing the Act must align systems and practices to the 1 June 2011 start date while Part 3 remains uncommenced."],"plain_english_summary":"This proclamation, made under section 2(1) of the Monetary Penalties Enforcement (Miscellaneous Amendments) Act 2011, fixes 1 June 2011 as the day the Act (except Part 3) begins to operate. It affects people and government agencies subject to that Act — principally those who pay, collect or enforce monetary penalties — because it brings most of the Act’s amendments into force on that date and requires compliance with those provisions from then."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation instrument whose sole function is to fix a commencement date contains no operative legal provisions of its own. Describing it as having a 'version current from 25 May 2011 to date' and maintaining it as living legislation is technically absurd — a commencement proclamation cannot be amended in any meaningful way, as its operative moment passed upon the date it fixed. The currency framing implies the document has ongoing legal content subject to change, which it does not.","confidence":0.72,"description":"The document states it was accessed on 8 April 2026, yet the file was last modified on 5 July 2017. The proclamation itself has been 'current from 25 May 2011 to date'. A proclamation that simply commences an Act has no substantive operative content in this document — it is a commencement instrument with no discernible provisions to analyse for compliance or effect."},{"type":"other","section":"Status Information - Update undertaking","severity":"low","reasoning":"The update undertaking is a procedural representation of currency. Applied to a proclamation that is incapable of substantive amendment, the representation is either vacuous or misleading. If the instrument genuinely cannot change, the undertaking serves no purpose. If it can change and the last modification was 2017, the gap to 2026 warrants scrutiny.","confidence":0.55,"description":"The site represents that legislation is 'usually updated within 3 working days after a change to the legislation,' yet the file was last modified on 5 July 2017 — nearly a decade before the stated access date of 8 April 2026. This creates an internal tension: either no changes have occurred (making the update undertaking irrelevant to this instrument) or the undertaking has not been honoured."},{"type":"impossible_compliance","section":"Document structure - entire instrument","severity":"high","reasoning":"A commencement proclamation derives its legal effect entirely from its operative declaration (e.g., 'I fix [date] as the day on which [provisions] commence'). Without that declaration appearing in the text, the instrument is legally inert. Persons seeking to know which provisions of the Monetary Penalties Enforcement (Miscellaneous Amendments) Act 2011 are in force and from what date cannot ascertain this from the instrument as published, defeating the instrument's entire raison d'être.","confidence":0.85,"description":"The proclamation as reproduced contains no operative provisions whatsoever. A proclamation under a Miscellaneous Amendments Act must, at minimum, declare a commencement date for specified provisions. The complete absence of any such declaration in the reproduced text means the document fails its sole legislative purpose."}],"contradictions":[{"severity":"low","section_a":"Status Information - 'Version current from 25 May 2011 to date (accessed 8 April 2026 at 1:33)'","section_b":"Authorisation - 'File last modified 5 July 2017'","confidence":0.65,"description":"The document simultaneously claims to be current 'to date' (implying ongoing maintenance and relevance up to April 2026) while the underlying file has not been modified since 5 July 2017. These two representations are in tension: currency to April 2026 implies the document reflects the state of the law as at that date, but a 2017 modification date suggests no review or update has occurred for approximately nine years."},{"severity":"low","section_a":"Header - 'Proclamation under the Monetary Penalties Enforcement (Miscellaneous Amendments) Act 2011'","section_b":"Header (repeated variant) - 'Proclamation under the Monetar Proclamation under the Monetary Penalties Enforcement (Miscellaneous Amendments) Act 2011'","confidence":0.45,"description":"The document contains multiple malformed and duplicated headings, including a truncated title 'Proclamation under the Monetar' appearing alongside the complete title. While likely a rendering/digitisation error rather than a substantive legal contradiction, in a legal instrument the title is operative — ambiguity in the instrument's own name could theoretically create uncertainty as to which Act is being proclaimed."}]},"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 with a partial delay. No scope creep."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No cross-references to other legislation beyond citation of the parent Act and one section","Simple binary exception (Part 3 excluded)","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 **1 June 2011** as the date when the *Monetary Penalties Enforcement (Miscellaneous Amendments) Act 2011* (Tasmania) starts operating\n- **Delays one part:** Part 3 of that Act does **not** start on 1 June 2011 — it will begin later (on a date yet to be proclaimed)\n\n**Who made it:**\n- The **Governor of Tasmania** (Peter G. Underwood), acting on advice from the **Executive Council** (the Premier and senior ministers)\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically start working. They need a **commencement date** — either specified in the Act itself or fixed later by proclamation like this one.\n- This gives government agencies time to prepare before the new rules about enforcing monetary penalties (fines, fees, debts) take effect.\n- The delay of Part 3 suggests those particular amendments needed more preparation time — perhaps new systems, staff training, or further policy work.\n\n**In short:** This is the \"start button\" for most of a Tasmanian law about collecting fines and debts, with one section held back for later."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Proclamation does not alter scope — it simply activates the Monetary Penalties Enforcement (Miscellaneous Amendments) Act 2011 as originally intended by Parliament. It is a standard commencement instrument with no substantive modifications to the underlying legislation."},"complexity_factors":["The document is purely procedural — it is a commencement Proclamation with no substantive legal content of its own","The actual legal changes are contained in the parent Act, not this instrument, so the full picture requires reading related legislation","Minimal technical language or legal concepts to interpret","No discretionary powers, exceptions, or compliance obligations created by this document itself"],"plain_english_summary":"This Proclamation, signed by the Governor of Tasmania, brings the Monetary Penalties Enforcement (Miscellaneous Amendments) Act 2011 into force on 25 May 2011. It activates a package of housekeeping changes to Tasmania’s system for collecting unpaid fines and monetary penalties.\n\nIt affects Tasmanians with fines, the agencies and courts that enforce them, and legal practitioners working in this area — making the statutory amendments legally operative."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-miscellaneous-amendments-act-2011","history":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-miscellaneous-amendments-act-2011/history","analysis":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-miscellaneous-amendments-act-2011/analysis","conflicts":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-miscellaneous-amendments-act-2011/conflicts","importantCases":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-miscellaneous-amendments-act-2011/important-cases","documents":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-miscellaneous-amendments-act-2011/documents"}}