{"id":"tas:sr-2021-122","name":"Proclamation under the Mutual Recognition (Tasmania) Amendment Act 2021","slug":"proclamation-under-the-mutual-recognition-tasmania-amendment-act-2021","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"122 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179907,"registerId":"tas-tas:sr-2021-122-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Mutual Recognition (Tasmania) Amendment Act 2021","content":"> Proclamation under the Mutual Recognition (Tasmania) Amendment Act 2021\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 [Mutual Recognition (Tasmania) Amendment Act 2021](/view/html/inforce/2026-04-12/act-2021-020) fix 22 December 2021 as the day on which that Act commences.\n\n13 December 2021\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nMICHAEL DARREL JOSEPH FERGUSON\n\nMinister for Finance\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 2021\n\nThis proclamation is administered in the Department of Treasury and Finance.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substance or coverage of the Amendment Act; it only specifies the date the Act commences (fixed as 22 December 2021) pursuant to section 2. Any change in who is covered or what obligations apply is determined by the Act itself, not by this proclamation."},"complexity_factors":["Narrow, single-purpose instrument: fixes a commencement date (22 December 2021) and contains no substantive policy or regulatory text (proclamation text).","Made under a specific statutory power: issued under section 2 of the Mutual Recognition (Tasmania) Amendment Act 2021 (proclamation text cites s.2).","Clear decision-maker: signed by the Governor acting with the advice of the Executive Council; ministerial command recorded (proclamation text: Governor; ‘By Her Excellency's Command’).","Formal publication requirements: displayed and numbered under the Rules Publication Act 1953 and notified in the Gazette (proclamation text).","Dependent effects: legal and compliance consequences flow from the Amendment Act itself — the proclamation only fixes when those consequences begin, so implementation burden and who pays depend on the Act’s substantive provisions (implied by instrument form).","Low administrative discretion: the proclamation exercise is ministerial/formal—no regulatory discretion or delegated rulemaking in the text."],"plain_english_summary":"This proclamation brings the Mutual Recognition (Tasmania) Amendment Act 2021 into force by fixing 22 December 2021 as its commencement date. It is made by the Governor with the advice of the Executive Council under section 2 of that Act and is notified in the Gazette. It affects anyone subject to the Amendment Act by making its provisions operative from that date; the proclamation itself contains no substantive law changes and performs a formal commencement function."},"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 parent 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)","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 law into effect.\n\n**What it does:**\n- The Tasmanian Governor (acting on ministerial advice) has officially declared that the *Mutual Recognition (Tasmania) Amendment Act 2021* starts operating on **22 December 2021**.\n\n**Why this matters:**\n- Laws passed by Parliament don't always take effect immediately. Some need a formal \"start date\" set by the Governor through a proclamation like this one.\n- This particular law deals with **mutual recognition** — the system that allows people registered to work in one Australian state or territory (like tradespeople, professionals, or businesses) to have their qualifications or registrations recognised in other states without having to reapply from scratch.\n- The amendment likely updated Tasmania's mutual recognition laws to reflect changes agreed by all states and territories.\n\n**Who it affects:**\n- Anyone seeking to have their professional registration or occupational licence recognised across state borders, particularly those moving to or from Tasmania."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"Proclamations are point-in-time instruments that bring legislation into force on a specified date. They do not have amendable operative content in the way statutes or regulations do. The boilerplate 'updated within 3 working days' language is structurally inapposite to this instrument type, creating a minor logical absurdity.","confidence":0.72,"description":"The proclamation states it is 'current from 22 December 2021 to date' while also stating legislation is 'usually updated within 3 working days after a change.' A proclamation, by its nature as a one-time executive act, cannot meaningfully be 'updated' — it either commences or it does not. Applying a currency/update framework to a proclamation is categorically inapplicable."},{"type":"impossible_compliance","section":"Document structure - repeated headings throughout","severity":"high","reasoning":"A proclamation that contains no operative content — no date of commencement, no specification of which provisions are brought into force, no executive authority statement — is legally void on its face. Any person or body attempting to rely on or comply with this instrument cannot identify what is actually being proclaimed. The total absence of substantive text renders the instrument self-defeating as a legal document.","confidence":0.85,"description":"Every heading in the document is duplicated verbatim (e.g., 'Proclamation under the Mutual Recognition (Tasmania) Amendment Act 2021' appears four times as a heading; 'Status Information' appears twice; 'Currency of version' appears three times; etc.). The document appears to contain no operative proclamation text whatsoever — no proclamation of commencement date, no Governor's signature, no recitals."},{"type":"other","section":"Table of Amending Instruments","severity":"low","reasoning":"Once a proclamation fixes a commencement date and that date passes, the instrument is functionally spent. An 'amending instruments' framework presupposes a living document with operative provisions capable of being changed over time. Applying this to a proclamation creates a structural logical inconsistency, though it may reflect a pro forma publishing template rather than genuine legislative intent.","confidence":0.65,"description":"The document references a 'Table of Amendments' for a proclamation. Proclamations are typically not subject to amendment — they are spent instruments once commencement is effected. Providing an amendments table for a spent proclamation implies ongoing amendability that is legally incoherent."}],"contradictions":[{"severity":"low","section_a":"Status Information - 'File last modified 22 December 2021'","section_b":"Status Information - 'Legislation on this site is usually updated within 3 working days after a change to the legislation'","confidence":0.6,"description":"The file is stated to have been last modified on 22 December 2021 (the original date), yet the document is presented as 'current to date' (5 April 2026). If no modification has occurred since 2021 but the update policy requires changes within 3 working days, either no changes have been made to an instrument described as having an amendments table, or the modification date is not being accurately maintained — contradicting the currency guarantee."},{"severity":"high","section_a":"Document title - 'Proclamation under the Mutual Recognition (Tasmania) Amendment Act 2021'","section_b":"Body of document - no operative proclamation content present","confidence":0.88,"description":"The document title asserts the existence of a proclamation under the named Act, but the body of the document contains no operative proclamation text, no commencement date, no specified provisions brought into force, and no authorising signature. The title and the content are in direct contradiction: the former asserts legal substance, the latter evidences none."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation is a narrow administrative instrument with a single purpose: to activate or set the commencement date of the parent Act. There is no indication of scope change from the original intent of the Mutual Recognition (Tasmania) Amendment Act 2021. It simply performs its intended mechanical function."},"complexity_factors":["The document itself is a short administrative proclamation with minimal substantive content","The underlying subject matter (mutual recognition) involves a layered federal-state legal framework, adding modest background complexity","The actual text provided is largely metadata and status information rather than operative legal provisions","No complex definitions, conditions, or exceptions are present in the proclamation itself"],"plain_english_summary":"This Proclamation by the Governor of Tasmania sets the commencement date (22 December 2021) for the Mutual Recognition (Tasmania) Amendment Act 2021. It activates amended mutual recognition rules so licences and registrations from other Australian states/territories are recognised in Tasmania.\n\nIt affects mobile workers, cross‑border businesses and Tasmanian licensing bodies by putting the updated interstate recognition regime into force."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-mutual-recognition-tasmania-amendment-act-2021","history":"/api/acts/proclamation-under-the-mutual-recognition-tasmania-amendment-act-2021/history","analysis":"/api/acts/proclamation-under-the-mutual-recognition-tasmania-amendment-act-2021/analysis","conflicts":"/api/acts/proclamation-under-the-mutual-recognition-tasmania-amendment-act-2021/conflicts","importantCases":"/api/acts/proclamation-under-the-mutual-recognition-tasmania-amendment-act-2021/important-cases","documents":"/api/acts/proclamation-under-the-mutual-recognition-tasmania-amendment-act-2021/documents"}}