{"id":"tas:sr-2002-085","name":"Proclamation under the Motor Accidents (Liabilities and Compensation) Amendment Act 2002","slug":"proclamation-under-the-motor-accidents-liabilities-and-compensation-amendment-act-2002","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"85 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318549,"registerId":"tas-tas:sr-2002-085-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Motor Accidents (Liabilities and Compensation) Amendment Act 2002","content":"> Proclamation under the Motor Accidents (Liabilities and Compensation) Amendment Act 2002\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-2002-020#GS2@EN) [Motor Accidents (Liabilities and Compensation) Amendment Act 2002](/view/html/inforce/2026-04-12/act-2002-020) fix 1 August 2002 as the day on which that Act commences.\n\n5 July 2002\n\nG. S. M. GREEN\n\nGovernor\n\nBy His Excellency's Command,\n\nP. A. LENNON\n\nMinister for Infrastructure, Energy and Resources\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 17 July 2002\n\nThis proclamation is administered by the Motor Accidents Insurance Board.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"medium","reasoning":"A commencement proclamation's operative legal effect is spent the moment the Act commences. Any modification to the proclamation after 17 July 2002 would be legally meaningless or potentially ultra vires, as the power to make the proclamation is exhausted upon exercise. The 9 December 2024 modification date is therefore either a publishing/metadata anomaly or raises a genuine question about what substantive content could lawfully be amended in a spent instrument.","confidence":0.72,"description":"The proclamation states it has been 'current from 17 July 2002 to date' and was accessed on 8 April 2026, yet the file was 'last modified 9 December 2024'. A proclamation bringing an amending Act into force is a one-time instrument that logically cannot be 'modified' over two decades after the commencement it declares."},{"type":"other","section":"Status Information - Currency of version (update timeframe)","severity":"low","reasoning":"A commencement proclamation contains no ongoing operative provisions capable of amendment. Applying a living-legislation update disclaimer to a spent, single-use instrument creates a false impression of ongoing legislative activity where none is legally possible.","confidence":0.65,"description":"The site claims legislation is 'usually updated within 3 working days after a change to the legislation', yet a proclamation of this kind — a single-use commencement instrument — is incapable of changing after its operative date. Representing an unchangeable instrument as subject to a rolling update policy is logically incoherent."}],"contradictions":[{"severity":"medium","section_a":"Status Information - Version current from 17 July 2002 to date","section_b":"Authorisation - File last modified 9 December 2024","confidence":0.78,"description":"The instrument is represented as legally unchanged since 17 July 2002 ('current from 17 July 2002 to date'), yet simultaneously records a substantive file modification on 9 December 2024 — more than 22 years after the instrument's sole operative event. These two representations are in direct tension: either the instrument is unchanged (rendering the 2024 modification date misleading) or it was altered in 2024 (rendering the 'current from 2002' continuity claim potentially inaccurate)."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument with no substantive scope. It performs exactly the function intended: bringing the Amendment Act into force on a specified date."},"complexity_factors":["Single operative provision: fixing a commencement date","No defined terms","No cross-references to other legislation (except citation of the parent Act and Rules Publication Act)","No conditional logic or exceptions","Standard proclamation format, approximately 150 words total"],"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 August 2002** as the date when the *Motor Accidents (Liabilities and Compensation) Amendment Act 2002* officially starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (acting on advice from the Executive Council, which is the formal name for the state Cabinet).\n- Signed by Governor G. S. M. Green and Minister P. A. Lennon.\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically take effect immediately. This proclamation is the legal trigger that \"switches on\" the Amendment Act.\n- Without this document, the changes to motor accident compensation law would sit dormant.\n\n**Key detail:**\n- The proclamation was made on **5 July 2002** and published in the *Gazette* (the official government newspaper) on **17 July 2002**, giving about two weeks' notice before the law commenced on 1 August."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation is a narrow administrative instrument with a single purpose: commencing legislation. There is no indication of scope change — it appears to straightforwardly bring the Motor Accidents (Liabilities and Compensation) Amendment Act 2002 into operation as originally intended by Parliament."},"complexity_factors":["The document itself contains almost no substantive legal content — it is purely a commencement instrument","The underlying Act it activates (motor accident compensation) involves moderately complex insurance and liability law, but that complexity is not present in this document","No operative provisions, conditions, or exceptions are visible in the text provided","Standard Tasmanian proclamation format with minimal interpretive ambiguity"],"plain_english_summary":"This Proclamation formally brings into force (from 17 July 2002) the Motor Accidents (Liabilities and Compensation) Amendment Act 2002 in Tasmania. It activates changes to the state’s compulsory third‑party (CTP) motor accident insurance rules, affecting Tasmanian vehicle owners/drivers, people injured in motor accidents, and insurers — it’s the administrative step that makes the Amendment legally effective."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the content or coverage of the Amendment Act; it only fixes the date (1 August 2002) on which the Act's existing amendments take effect, thereby determining the start date for associated legal rights, duties and administrative responsibilities."},"complexity_factors":["Single, discrete action: fixes a commencement date rather than changing substantive law.","Relies on section 2 of the Amendment Act for power to proclaim commencement (explicit in text).","Formal executive procedure: Governor acts with Executive Council advice and Gazette notification (notified 17 July 2002).","Administrative consequences: timing affects claim deadlines, insurer duties and administrative readiness (administered by Motor Accidents Insurance Board).","Low statutory discretion: proclamation exercises a scheduled-start power rather than creating ongoing regulatory obligations."],"plain_english_summary":"Sets 1 August 2002 as the day the Motor Accidents (Liabilities and Compensation) Amendment Act 2002 comes into force (under s 2). That start date makes the Act’s amendments legally effective from that day and therefore affects people covered by Tasmania’s motor-accident compensation scheme and organisations that administer it (notably the Motor Accidents Insurance Board). The proclamation determines when rights, duties, claim timings and insurers’ administrative obligations begin."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-motor-accidents-liabilities-and-compensation-amendment-act-2002","history":"/api/acts/proclamation-under-the-motor-accidents-liabilities-and-compensation-amendment-act-2002/history","analysis":"/api/acts/proclamation-under-the-motor-accidents-liabilities-and-compensation-amendment-act-2002/analysis","conflicts":"/api/acts/proclamation-under-the-motor-accidents-liabilities-and-compensation-amendment-act-2002/conflicts","importantCases":"/api/acts/proclamation-under-the-motor-accidents-liabilities-and-compensation-amendment-act-2002/important-cases","documents":"/api/acts/proclamation-under-the-motor-accidents-liabilities-and-compensation-amendment-act-2002/documents"}}