{"id":"tas:sr-2008-023","name":"Proclamation under the Monetary Penalties Enforcement (Transitional Arrangements and Consequential Amendments) Act 2007","slug":"proclamation-under-the-monetary-penalties-enforcement-transitional-arrangements-and-consequential-am","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"23 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315765,"registerId":"tas-tas:sr-2008-023-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 (Transitional Arrangements and Consequential Amendments) Act 2007","content":"> Proclamation under the Monetary Penalties Enforcement (Transitional Arrangements and Consequential Amendments) Act 2007\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-2007-072#GS2@EN) [Monetary Penalties Enforcement (Transitional Arrangements and Consequential Amendments) Act 2007](/view/html/inforce/2026-04-12/act-2007-072) fix 28 April 2008 as the day on which that Act commences.\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":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, this proclamation appears to have fulfilled its original and narrow purpose: formally commencing the Monetary Penalties Enforcement (Transitional Arrangements and Consequential Amendments) Act 2007 or specified provisions of it. There is no indication the scope changed from its original intent. It has remained unchanged since 9 April 2008."},"complexity_factors":["Very short and procedural in nature — contains almost no substantive legal content","The actual operative text of the proclamation is not reproduced in the provided document, limiting full analysis","Requires some background knowledge of how proclamations function within the Australian legislative framework","Cross-references a parent Act, meaning full understanding requires reading that Act as well"],"plain_english_summary":"This Proclamation formally set the commencement date for Tasmania’s updated monetary penalties enforcement regime, enabling the transitional arrangements that moved fines and collection procedures from the old system to the new one. It primarily affected people with fines, the agencies that collect them, and courts/enforcement bodies.\n\nIt is an administrative, technical instrument that made the new enforcement law legally operative on 9 April 2008."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope or content of the Monetary Penalties Enforcement (Transitional Arrangements and Consequential Amendments) Act 2007. It solely exercises the section 2 power to fix the Act's commencement date (28 April 2008); no amendments or modifications to coverage, duties or penalties are made by this instrument."},"complexity_factors":["Single, narrow legal effect: fixes commencement date only.","Relies on statutory power in section 2 to proclaim commencement.","Formal executive action (Governor with Executive Council) — low discretionary content.","Administrative follow‑on: Gazette notification and Department of Justice administration required.","Upstream complexity lies in the Act being commenced, not in the proclamation itself."],"plain_english_summary":"This proclamation, made by the Governor under section 2 of the Monetary Penalties Enforcement (Transitional Arrangements and Consequential Amendments) Act 2007, fixes 28 April 2008 as the day that Act commences. It means the Act’s rules for enforcing monetary penalties take legal effect from that date. The Governor acted on the advice of the Executive Council; affected parties are those subject to the Act’s enforcement regime, who will face new enforcement and administrative requirements from the commencement date."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a straightforward commencement instrument performing exactly the function intended: bringing the parent Act into force on a specified date. No scope creep."},"complexity_factors":["Single operative provision: fixes one commencement date","No defined terms","No cross-references to other legislation (except citation of the empowering Act)","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 specific law into effect.\n\n**What it does:**\n- Sets **28 April 2008** as the date when the *Monetary Penalties Enforcement (Transitional Arrangements and Consequential Amendments) Act 2007* (Tasmania) starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (W. J. E. Cox), acting on advice from the **Executive Council** (the Premier and senior ministers).\n- Signed off by the **Minister for Justice** (D. E. Llewellyn).\n\n**Why it matters:**\n- Laws passed by Parliament don't always start immediately. This proclamation \"switches on\" the 2007 Act, allowing Tasmania to enforce monetary penalties (fines and debts) under a new system.\n- Without this proclamation, the Act would remain dormant — passed but not legally active."},"issue_detection":{"absurdities":[{"type":"other","section":"Currency of version (Status Information)","severity":"low","reasoning":"The 'current to date' claim relies on the assumption that no amendments have occurred since the last file modification. However, the document itself provides no mechanism to confirm this, and the stated modification date of 25 July 2022 is inconsistent with a living document that is purportedly current through 8 April 2026. This is an administrative rather than strictly legal absurdity, but it undermines the reliability of the currency assertion.","confidence":0.62,"description":"The version is stated to be 'current from 9 April 2008 to date (accessed 8 April 2026 at 1:53)', yet the file was last modified on 25 July 2022. If the file was last modified in 2022, the claim that it is current 'to date' as of 2026 cannot be substantiated by reference to the modification date alone, creating an unverifiable currency assertion."},{"type":"self_contradicting","section":"Status Information – Update Policy","severity":"medium","reasoning":"The promise of a 3-working-day update cycle is rendered potentially hollow by a modification date that predates the access date by approximately 3.7 years. Either no amendments have occurred (which cannot be confirmed from the document itself) or the update commitment has not been honoured. The document cannot simultaneously assert currency and a 3-working-day update policy while showing a static modification date years in the past.","confidence":0.58,"description":"The document states legislation 'is usually updated within 3 working days after a change to the legislation,' yet the last file modification is recorded as 25 July 2022, nearly four years before the stated access date of 8 April 2026. If any amendments occurred in the intervening period, the 3-working-day update commitment would have been systematically breached without the document reflecting it."},{"type":"impossible_compliance","section":"Document Structure (entire proclamation)","severity":"high","reasoning":"A proclamation that contains no operative text cannot fulfil its legal purpose. Persons or courts seeking to ascertain the commencement date of the Monetary Penalties Enforcement (Transitional Arrangements and Consequential Amendments) Act 2007 cannot do so from this instrument. The instrument is logically self-defeating: it exists as a proclamation but proclaims nothing discernible from its text.","confidence":0.85,"description":"The proclamation contains no operative provisions whatsoever. A proclamation is a legal instrument designed to bring legislation or provisions into force on a specified date, yet this document contains no commencement date, no specification of which provisions are being proclaimed in force, and no substantive operative text. It is a procedural shell without legal content."}],"contradictions":[{"severity":"low","section_a":"Currency of version – 'current from 9 April 2008 to date (accessed 8 April 2026 at 1:53)'","section_b":"Authorisation – 'File last modified 25 July 2022'","confidence":0.65,"description":"The document asserts it is current as of 8 April 2026, but the file modification date is 25 July 2022. These two claims are in direct tension: a file last touched in July 2022 cannot self-evidently be certified as current in April 2026 without an independent verification mechanism that the document does not provide."},{"severity":"medium","section_a":"Status Information – '3 working days' update commitment","section_b":"Authorisation – 'File last modified 25 July 2022'","confidence":0.55,"description":"The stated policy that changes are reflected within 3 working days is contradicted by a modification date approximately 1,353 days before the access date. If the instrument is genuinely unmodified because no amendments occurred, the 3-working-day statement is misleadingly irrelevant to this instrument. If amendments did occur, the policy was not followed."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-transitional-arrangements-and-consequential-am","history":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-transitional-arrangements-and-consequential-am/history","analysis":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-transitional-arrangements-and-consequential-am/analysis","conflicts":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-transitional-arrangements-and-consequential-am/conflicts","importantCases":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-transitional-arrangements-and-consequential-am/important-cases","documents":"/api/acts/proclamation-under-the-monetary-penalties-enforcement-transitional-arrangements-and-consequential-am/documents"}}