{"id":"tas:sr-2013-042","name":"Proclamation under the Passenger Transport and Related Legislation (Consequential Amendments) Act 2011","slug":"proclamation-under-the-passenger-transport-and-related-legislation-consequential-amendments-act-2011","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"42 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187756,"registerId":"tas-tas:sr-2013-042-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Passenger Transport and Related Legislation (Consequential Amendments) Act 2011","content":"> Proclamation under the Passenger Transport and Related Legislation (Consequential Amendments) Act 2011\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(2) of the](/view/html/inforce/2026-04-12/act-2011-060#GS2@Gs2@EN) [Passenger Transport and Related Legislation (Consequential Amendments) Act 2011](/view/html/inforce/2026-04-12/act-2011-060) fix 1 July 2013 as the day on which the provisions of that Act, except [sections 1](/view/html/inforce/2026-04-12/act-2011-060#GS1@EN) , [2](/view/html/inforce/2026-04-12/act-2011-060#GS2@EN) and [4](/view/html/inforce/2026-04-12/act-2011-060#GS4@EN) , commence.\n\n17 June 2013\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nNICK MCKIM\n\nMinister for Sustainable Transport\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 26 June 2013\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 change the substantive scope or content of the Act. It only fixes the commencement date (1 July 2013) for the Act’s provisions except sections 1, 2 and 4, leaving the Act’s operative text unchanged. Authority for the action is s.2(2); administration is noted as the Department of Infrastructure, Energy and Resources."},"complexity_factors":["Limited substantive change — only sets a commencement date rather than altering policy text.","Legal authority is via a single statutory power (s.2(2) of the Act).","Exclusion of sections 1, 2 and 4 requires checking the Act to know which provisions remain unaffected.","Formal procedural requirements (Governor in Council proclamation, Gazette notice) are present but routine.","Implementation burden is administrative: agencies and regulated parties must prepare for the fixed start date."],"plain_english_summary":"This proclamation fixes 1 July 2013 as the day most of the Passenger Transport and Related Legislation (Consequential Amendments) Act 2011 comes into effect, excluding sections 1, 2 and 4. The Governor, acting with the Executive Council under s.2(2), gives agencies and regulated parties a firm legal start date.\n\nMechanically, the instrument creates timing certainty and shifts implementation and compliance costs onto affected agencies, regulated operators and the Department of Infrastructure, Energy and Resources."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The 'file last modified' date of 5 July 2017 conflicts with the claim that the version is current to 5 April 2026. A version cannot meaningfully be described as current through a date nearly a decade after its last modification without explanation, particularly given the site's own representation that it is usually updated within 3 working days of a legislative change.","confidence":0.6,"description":"The document states it is 'current from 26 June 2013 to date (accessed 5 April 2026 at 18:45)' while the file was last modified on 5 July 2017. This creates a logical inconsistency: if no amendments have been made since 5 July 2017, the currency claim extending to 2026 is notionally hollow, yet if amendments were made, the modification date is misleading."},{"type":"impossible_compliance","section":"Document structure - entire instrument","severity":"high","reasoning":"A proclamation under an Act must contain at minimum an operative clause declaring what is proclaimed (e.g., a commencement date for provisions). This document as reproduced contains no such clause, rendering it legally inoperative on its face. Persons purporting to rely on or comply with this instrument cannot determine what it actually proclaims.","confidence":0.85,"description":"The proclamation purports to be substantive legislation but contains no operative provisions whatsoever. It consists entirely of metadata, status information, and administrative headings. A proclamation with no operative clauses cannot legally effect any commencement, appointment, or declaration."},{"type":"other","section":"Status Information - Update policy","severity":"low","reasoning":"While a proclamation commencing a consequential amendments Act may genuinely be spent and unchanged, the juxtaposition of the 3-working-day update promise with a 9-year-old modification date creates an appearance of non-compliance with the site's own stated policy, even if substantively harmless.","confidence":0.45,"description":"The site states legislation is 'usually updated within 3 working days after a change to the legislation,' yet the file was last modified 5 July 2017 despite the version being represented as current to 2026. This implies either no changes occurred in nearly 9 years (plausible for a spent consequential amendments proclamation) or the update obligation has not been met."},{"type":"other","section":"Document headings - entire instrument","severity":"medium","reasoning":"While likely a rendering or HTML parsing artefact, as a matter of legal document integrity, a formally published statutory instrument should not contain duplicated headings throughout. If this were the authoritative version, it would create ambiguity about whether duplicated sections represent distinct provisions or mere formatting errors, undermining the document's reliability as a legal authority.","confidence":0.9,"description":"Every heading and section in the document is duplicated verbatim (e.g., 'Authorisation Authorisation', 'Currency of version Currency of version', 'Status Information Status Information'). This systematic duplication renders the document structurally absurd and raises questions about its authenticity and integrity as a legal instrument."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version ('current from 26 June 2013 to date, accessed 5 April 2026')","section_b":"Authorisation ('File last modified 5 July 2017')","confidence":0.55,"description":"The document simultaneously claims to be current as at 5 April 2026 and to have last been modified on 5 July 2017. These two statements are in tension: a document that is genuinely current to 2026 would ordinarily reflect a modification date consistent with ongoing currency, yet the file has not been touched in nearly 9 years."},{"severity":"low","section_a":"Status Information - Update policy ('usually updated within 3 working days after a change to the legislation')","section_b":"Status Information - Currency of version ('current from 26 June 2013 to date')","confidence":0.4,"description":"The promise of updates within 3 working days of any legislative change, combined with a currency date extending to 2026 but a file modification date of 2017, implies either that no legislative changes occurred for 9 years (possible but noteworthy for a consequential amendments instrument) or that the update obligation was not fulfilled, contradicting the stated update policy."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation does not alter the scope of the legislation — it simply activates the already-defined provisions of the 2011 Act on a specified date. No expansion or narrowing of the original legislative intent is evident."},"complexity_factors":["Minimal substantive content — functions purely as a commencement instrument","Requires cross-referencing the parent Act (Passenger Transport and Related Legislation (Consequential Amendments) Act 2011) to understand real-world impact","Standard proclamation format with no complex legal provisions of its own","The uploaded document appears incomplete or heavily duplicated, limiting full analysis"],"plain_english_summary":"This Proclamation declares that the consequential amendments made by the Passenger Transport and Related Legislation (Consequential Amendments) Act 2011 took legal effect on 26 June 2013.  \n\nIt thus activates housekeeping changes to Tasmania’s passenger transport laws, affecting passengers, transport operators, regulated businesses and government agencies by confirming when the 2011 reforms became operative."},"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 an Act into force on a specified date. No scope creep."},"complexity_factors":["Single operative provision fixing a commencement date","Only three cross-references (to excluded sections)","No defined terms, conditions, or exceptions beyond the simple exclusion of three sections","Standard proclamation format — essentially a template with dates filled in","Total length: approximately 150 words of substantive content"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into effect on a specific date.\n\n**What it does:**\n- Sets **1 July 2013** as the date when the *Passenger Transport and Related Legislation (Consequential Amendments) Act 2011* (Tasmania) comes into force\n- **Excludes** sections 1, 2, and 4 from this start date (these likely already commenced automatically or on different dates)\n\n**Who it affects:**\n- Tasmanian passenger transport operators, regulators, and anyone subject to the amended transport laws\n- Essentially, this is the \"start button\" that makes the legal changes actually apply to real people and businesses\n\n**Why it matters:**\nWithout this proclamation, the Act would remain dormant — passed by Parliament but not legally active. This document officially switches the law on, telling everyone when the new rules begin.\n\n**Key detail:** The Governor (acting on ministerial advice) chose to delay commencement by nearly two years after the Act was passed in 2011, allowing time for preparation before the changes took effect."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-passenger-transport-and-related-legislation-consequential-amendments-act-2011","history":"/api/acts/proclamation-under-the-passenger-transport-and-related-legislation-consequential-amendments-act-2011/history","analysis":"/api/acts/proclamation-under-the-passenger-transport-and-related-legislation-consequential-amendments-act-2011/analysis","conflicts":"/api/acts/proclamation-under-the-passenger-transport-and-related-legislation-consequential-amendments-act-2011/conflicts","importantCases":"/api/acts/proclamation-under-the-passenger-transport-and-related-legislation-consequential-amendments-act-2011/important-cases","documents":"/api/acts/proclamation-under-the-passenger-transport-and-related-legislation-consequential-amendments-act-2011/documents"}}