{"id":"tas:sr-2012-049","name":"Proclamation under the National Energy Retail Law (Tasmania) Act 2012","slug":"proclamation-under-the-national-energy-retail-law-tasmania-act-2012","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"49 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313510,"registerId":"tas-tas:sr-2012-049-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the National Energy Retail Law (Tasmania) Act 2012","content":"> Proclamation under the National Energy Retail Law (Tasmania) Act 2012\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](/view/html/inforce/2026-04-12/act-2012-011#GS2@EN) of the [National Energy Retail Law (Tasmania) Act 2012](/view/html/inforce/2026-04-12/act-2012-011) fix 1 July 2012 as the day on which the provisions of that Act commence.\n\n27 June 2012\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nBRYAN GREEN\n\nMinister for 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 29 June 2012\n\nThis proclamation is administered in the Department of Infrastructure, Energy and Resources.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the content or scope of the National Energy Retail Law (Tasmania) Act 2012; it only fixes the commencement date under the Act's section 2. Any change in substantive scope would require amendment to the Act itself rather than this proclamation."},"complexity_factors":["Single, discrete legal effect: only sets a commencement date rather than creating substantive law","Uses explicit authority under section 2 of the parent Act (legal basis required)","Dependence on the separate Act for substantive content — downstream complexity contingent on that Act","Formalities present (Governor, Executive Council advice, Gazette notification, administrative responsibility)","Triggers compliance obligations and administrative actions when the parent Act commences, though those obligations are not detailed here"],"plain_english_summary":"This proclamation fixes 1 July 2012 as the day the National Energy Retail Law (Tasmania) Act 2012 comes into force, made by the Governor under section 2 of that Act on the advice of the Executive Council. It records the administrative details (minister, department, Gazette notice) and, once effective, causes whatever rights, duties and obligations are set out in the Act to become operative in Tasmania."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation is a narrow, administrative instrument — its sole purpose is to set a commencement date. There is no evidence of scope change; it appears to straightforwardly activate the parent Act as originally intended from 29 June 2012."},"complexity_factors":["Extremely short document with minimal substantive content — it is a procedural instrument only","Its legal effect depends entirely on understanding the parent Act (National Energy Retail Law (Tasmania) Act 2012), which is not reproduced here","The document as presented appears to have significant formatting/duplication issues, making it harder to read than necessary","No operative clauses, conditions, or schedules are visible in the provided text"],"plain_english_summary":"This Proclamation brought the National Energy Retail Law into force in Tasmania on 29 June 2012. It made national retail rules legally binding in the state, requiring energy retailers to follow uniform protections on billing, contracts and customer rights, and extended Australian Energy Regulator oversight to Tasmanian electricity and gas markets. The result: Tasmanian households, businesses and retailers became subject to the same national consumer framework as other participating jurisdictions."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which by definition has a single, narrow purpose: to bring an Act into force on a specified date. It has not expanded beyond this original intent."},"complexity_factors":["Single operative provision: only fixes a 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 with blanks filled in","Total length: 5 short paragraphs"],"plain_english_summary":"This is a formal government notice (called a 'proclamation') that sets the start date for Tasmania's National Energy Retail Law.\n\n**What it does:**\n- **Activates the law:** It officially declares that the *National Energy Retail Law (Tasmania) Act 2012* will come into force on **1 July 2012**.\n\n**Who it affects:**\n- **Energy consumers in Tasmania:** Anyone who buys electricity or gas from a retailer in Tasmania.\n- **Energy retailers:** Companies that sell electricity and gas to Tasmanian customers.\n- **The government:** It allows Tasmania to participate in a national scheme for energy retail regulation.\n\n**Why it matters:**\n- Without this proclamation, the Act would just be words on paper — it wouldn't actually apply to anyone. The Governor's signature makes it legally binding and tells everyone when the rules start.\n- This was part of a bigger national reform to create consistent energy retail laws across Australia (New South Wales, Victoria, South Australia, Tasmania and the ACT all signed up).\n- It meant Tasmanian households and businesses would get the same consumer protections and dispute resolution processes as people in other participating states."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"medium","reasoning":"A document cannot credibly assert ongoing currency 'to date' if its own authorisation metadata shows no modification since 2017. Either amendments occurred and were not recorded in the file modification date, or the currency claim is misleading. The statement 'usually updated within 3 working days after a change' compounds this, as it implies active maintenance that the modification date contradicts.","confidence":0.72,"description":"The document states it is 'current from 29 June 2012 to date' where 'date' is specified as '8 April 2026', yet the file was last modified on '5 July 2017'. This creates an implicit claim that legislation which has not been modified since 2017 remains current and up-to-date as of 2026 without any recorded amendments in nearly a decade."},{"type":"other","section":"Document structure - Headers and titles","severity":"low","reasoning":"While likely a rendering or scraping artefact rather than a deliberate legislative choice, as presented this document purports to be operative law yet contains duplicated and truncated headings that would fail basic drafting standards. A proclamation with garbled headings raises questions about which version constitutes the authoritative text.","confidence":0.85,"description":"The proclamation's title and section headers are each repeated verbatim multiple times throughout the document (e.g., 'Proclamation under the Nationa Proclamation under the National Energy Retail Law (Tasmania) Act 2012', 'Status Information Status Information', 'Currency of version Currency of version'). This structural duplication renders the document self-referentially incoherent as a formal legal instrument."},{"type":"other","section":"Title - 'Proclamation under the Nationa'","severity":"medium","reasoning":"A proclamation derives its legal authority from the enabling Act named in its title. If the title does not correctly identify the enabling Act, this could technically undermine the instrument's authority or create ambiguity as to which Act it is made under, particularly if any other Act contained 'Nationa' as a valid partial reference.","confidence":0.78,"description":"The title is truncated to 'Nationa' rather than 'National' in multiple places throughout the document, meaning the document as presented does not accurately identify the parent Act it purports to operate under."}],"contradictions":[{"severity":"medium","section_a":"Currency of version - 'current from 29 June 2012 to date (accessed 8 April 2026)'","section_b":"Authorisation - 'File last modified 5 July 2017'","confidence":0.75,"description":"The document asserts currency as a living instrument up to 8 April 2026, while simultaneously disclosing that the file has not been modified since 5 July 2017. This is internally contradictory: either the instrument has been amended or updated since 2017 (in which case the modification date is wrong), or it has not (in which case the 'to date' currency claim spanning nearly nine additional years is misleading)."},{"severity":"low","section_a":"Status Information - 'Legislation on this site is usually updated within 3 working days after a change to the legislation'","section_b":"Authorisation - 'File last modified 5 July 2017'","confidence":0.68,"description":"The promise of updates within 3 working days of any change is contradicted by a file modification date frozen at 5 July 2017 despite the document being accessed in 2026. If changes occurred in the intervening ~9 years, the 3-working-day update commitment was not met. If no changes occurred, the update promise is superfluous and the 'to date' currency framing is deceptive."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-national-energy-retail-law-tasmania-act-2012","history":"/api/acts/proclamation-under-the-national-energy-retail-law-tasmania-act-2012/history","analysis":"/api/acts/proclamation-under-the-national-energy-retail-law-tasmania-act-2012/analysis","conflicts":"/api/acts/proclamation-under-the-national-energy-retail-law-tasmania-act-2012/conflicts","importantCases":"/api/acts/proclamation-under-the-national-energy-retail-law-tasmania-act-2012/important-cases","documents":"/api/acts/proclamation-under-the-national-energy-retail-law-tasmania-act-2012/documents"}}