{"id":"tas:sr-2023-040","name":"Proclamation under the Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022","slug":"proclamation-under-the-occupational-licensing-automatic-mutual-recognition-consequential-amendments-","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"40 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179309,"registerId":"tas-tas:sr-2023-040-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022","content":"> Proclamation under the Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022\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-2022-029#GS2@EN) [Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022](/view/html/inforce/2026-04-12/act-2022-029) , fix 1 July 2023 as the day on which Parts 3 and 7 of that Act commence.\n\n19 June 2023\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nELISE ARCHER\n\nMinister for Workplace Safety and Consumer Affairs\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 28 June 2023\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 alter the substantive scope or content of the Act. It simply exercises the Act's power to fix a commencement date under section 2 by bringing Parts 3 and 7 into force on 1 July 2023, and thus changes timing only (see proclamation text fixing that date)."},"complexity_factors":["Narrow legal effect: the instrument only fixes a commencement date for Parts 3 and 7 rather than changing substantive law (proclamation under s.2 of the Act).","Identifiable affected parties: occupation licence holders and administering regulators who must implement the Parts when they commence.","Administrative formalities required: issued by the Governor with Executive Council advice, ministerial sign-off, Gazette notification (creates formal legal commencement and public notice).","Timing and coordination burden: regulators and businesses must align systems and compliance steps to the set commencement date (implementation risk concentrated in administrative bodies).","Low statutory ambiguity: text specifies a single date, minimising interpretive complexity but creating deadline-driven compliance needs."],"plain_english_summary":"This proclamation, made under section 2 of the Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022, sets 1 July 2023 as the day Parts 3 and 7 of that Act start to operate. It affects licence holders and regulators governed by those Parts by bringing their new legal rules into force on that date; the Department of Justice administers the proclamation and it was notified in the Gazette on 28 June 2023."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does exactly what it was designed to do — bring the 2022 Act into force in Tasmania. There is no evidence of scope change from the original legislative intent."},"complexity_factors":["Extremely narrow in scope — it is a single-purpose proclamation commencing an Act","No substantive operative provisions of its own — it merely activates existing legislation","The underlying AMR framework it references is moderately complex, but that complexity sits outside this instrument","No conditions, exceptions, or transitional arrangements are set out in the proclamation itself"],"plain_english_summary":"This Proclamation brings the Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022 into force in Tasmania from 28 June 2023. It completes the final administrative step to align Tasmanian licensing with Australia’s Automatic Mutual Recognition system, letting licensed tradespeople and professionals work across participating states without separate Tasmanian licences, and affecting employers and Tasmanian regulators who must operate under the national framework."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"A proclamation that has never been amended but claims currency 'to date' (a rolling present-tense claim) is logically hollow — currency implies ongoing verification of validity, but the static modification date suggests no such ongoing verification process is reflected in the document itself.","confidence":0.55,"description":"The legislation states it is 'current from 28 June 2023 to date (accessed 5 April 2026 at 14:37)' but also states 'File last modified 28 June 2023'. This creates a temporal paradox: the document claims currency up to a future access date of 2026, yet simultaneously asserts no modifications have occurred since June 2023, making the 'to date' currency claim meaningless or unverifiable."},{"type":"circular_definition","section":"Document Structure (entire document)","severity":"medium","reasoning":"While this is likely a rendering/formatting defect rather than a drafting flaw, taken at face value as a legal instrument, a proclamation that duplicates every operative heading lacks coherent singularity of legal direction. If each section is stated twice, it is ambiguous whether each repetition constitutes a separate operative provision or mere duplication, which could theoretically create compliance uncertainty.","confidence":0.72,"description":"Every heading and section in the document is duplicated verbatim (e.g., 'Proclamation under the Occupat Proclamation under the Occupational Licensing...', 'Status Information Status Information', 'Currency of version Currency of version'). The document appears to define itself through repetition, creating a structurally self-referential and internally redundant instrument."},{"type":"impossible_compliance","section":"Status Information — update notice","severity":"medium","reasoning":"A proclamation is a legally operative instrument — it must proclaim something (typically a commencement date or activation of a schedule). The complete absence of any operative text means there is nothing for regulated persons to comply with and nothing substantive for the update mechanism to track, rendering the currency and amendment framework self-referentially vacuous.","confidence":0.78,"description":"The site states legislation 'is usually updated within 3 working days after a change', yet the proclamation has no substantive operative text reproduced. A proclamation with no visible operative provisions cannot be meaningfully updated or complied with, making the update guarantee absurd in context."}],"contradictions":[{"severity":"low","section_a":"Currency of version: 'Version current from 28 June 2023 to date (accessed 5 April 2026 at 14:37)'","section_b":"Authorisation: 'File last modified 28 June 2023'","confidence":0.6,"description":"The currency statement implies the instrument has been continuously verified as current through to April 2026, while the modification date confirms the file has not changed since June 2023. These two claims are in tension: true currency verification would typically involve at least metadata updates, yet the modification date denies any such activity has occurred."},{"severity":"low","section_a":"Table of Amending Instruments: '(click to view Table of Amendments)'","section_b":"Authorisation: 'File last modified 28 June 2023'","confidence":0.58,"description":"The existence of a Table of Amending Instruments implies amendments may exist or have been contemplated, while the unmodified file date of 28 June 2023 (the original proclamation date) suggests no amendments have ever been made. If no amendments exist, the Table of Amending Instruments is an empty and potentially misleading structural element suggesting an amendment history that does not exist."}]},"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 specified parts of an Act into force on a fixed date. It has not expanded beyond its original purpose."},"complexity_factors":["Single operative provision: fixes one commencement date","No defined terms","No cross-references to other legislation (except citation of the parent Act's section 2)","No conditional logic or exceptions","Standard proclamation format — essentially a template with blanks filled in"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings specific parts of a law into effect.\n\n**What it does:**\n- The Tasmanian Governor (acting on ministerial advice) has officially set **1 July 2023** as the date when **Parts 3 and 7** of the *Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022* become law.\n\n**Why this matters:**\n- Australian laws often pass Parliament in one piece but start operating on different dates. This proclamation \"switches on\" two specific sections of the Act.\n- The underlying Act is about **automatic mutual recognition** — a system that lets licensed workers (like electricians, plumbers, or other tradespeople) move between Australian states and territories and work under their existing licence without needing to apply for a new one in each place.\n- Parts 3 and 7 likely contain the practical machinery for how this automatic recognition works in Tasmania — possibly covering which occupations are included and how complaints or disciplinary actions are handled across borders.\n\n**Who it affects:**\n- Licensed workers in Tasmania who want to work interstate, and workers from other states wanting to work in Tasmania.\n- Employers who hire mobile workforces.\n- Tasmanian government agencies that regulate occupational licensing."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-occupational-licensing-automatic-mutual-recognition-consequential-amendments-","history":"/api/acts/proclamation-under-the-occupational-licensing-automatic-mutual-recognition-consequential-amendments-/history","analysis":"/api/acts/proclamation-under-the-occupational-licensing-automatic-mutual-recognition-consequential-amendments-/analysis","conflicts":"/api/acts/proclamation-under-the-occupational-licensing-automatic-mutual-recognition-consequential-amendments-/conflicts","importantCases":"/api/acts/proclamation-under-the-occupational-licensing-automatic-mutual-recognition-consequential-amendments-/important-cases","documents":"/api/acts/proclamation-under-the-occupational-licensing-automatic-mutual-recognition-consequential-amendments-/documents"}}