{"id":"tas:sr-2013-041","name":"Proclamation under the Passenger Transport Services Act 2011","slug":"proclamation-under-the-passenger-transport-services-act-2011","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"41 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187751,"registerId":"tas-tas:sr-2013-041-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Passenger Transport Services Act 2011","content":"> Proclamation under the Passenger Transport Services 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-2011-059#GS2@Gs2@EN) [Passenger Transport Services Act 2011](/view/html/inforce/2026-04-12/act-2011-059) fix 1 July 2013 as the day on which the provisions of that Act, except [sections 1](/view/html/inforce/2026-04-12/act-2011-059#GS1@EN) , [2](/view/html/inforce/2026-04-12/act-2011-059#GS2@EN) , [3](/view/html/inforce/2026-04-12/act-2011-059#GS3@EN) , [68](/view/html/inforce/2026-04-12/act-2011-059#GS68@EN) and [69](/view/html/inforce/2026-04-12/act-2011-059#GS69@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":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a straightforward commencement instrument performing exactly the function intended — bringing an Act into force on a specified date with specific exclusions. No scope creep."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms within the instrument itself","Simple exception list (5 enumerated sections excluded)","No conditional logic or cross-referencing beyond the parent Act citation","Standard proclamation format following long-established Tasmanian conventions"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into effect.\n\n**What it does:**\nThis document officially sets **1 July 2013** as the date when Tasmania's *Passenger Transport Services Act 2011* comes into force (starts operating).\n\n**Who it affects:**\n- **Tasmanian passenger transport operators** — taxi companies, bus services, and other commercial passenger vehicle businesses\n- **Passengers** — anyone using regulated transport services in Tasmania\n- **Government regulators** — the officials who oversee transport licensing and safety\n\n**The fine print:**\nThe proclamation brings the entire Act into operation **except** for five specific sections (sections 1, 2, 3, 68, and 69). These sections likely deal with:\n- **Sections 1–3**: Standard preliminary matters (title, commencement provisions, and definitions that may already be in force)\n- **Sections 68–69**: Possibly transitional arrangements or provisions that needed different timing\n\n**Why it matters:**\nWithout this proclamation, the *Passenger Transport Services Act 2011* would remain a \"shelf law\" — passed by Parliament but not actually binding on anyone. This document flips the switch, making the rules about transport licensing, safety standards, and service requirements legally enforceable from 1 July 2013 onwards."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substance or scope of the Passenger Transport Services Act 2011. It only brings most provisions into force on a specified date while leaving listed sections uncommenced, and records the administrative and publication formalities."},"complexity_factors":["Narrow functional scope: the instrument only fixes a commencement date rather than changing substantive law.","Clear exception list: five specific sections are excluded, requiring attention to which parts remain uncommenced.","Formal constitutional/administrative steps: Governor in Council signature, Gazette notification and department administration are required.","Dependence on underlying Act: practical effects depend entirely on the content of the Passenger Transport Services Act 2011 (not reproduced here).","Low interpretive risk: text is precise and temporally definite, so little room for ambiguity."],"plain_english_summary":"This proclamation fixes 1 July 2013 as the day most of the Passenger Transport Services Act 2011 begins to operate in Tasmania, except for sections 1, 2, 3, 68 and 69 which remain uncommenced. It makes the Act’s operative provisions legally effective from that date.\n\nRegulators, public transport operators and anyone subject to the Act will need to meet its requirements once it commences. The proclamation was made by the Governor on the Executive Council’s advice and is administered by the Department of Infrastructure, Energy and Resources."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation is a narrow, procedural instrument with a fixed purpose — to commence legislation on a specified date. There is no indication of scope change from its original intent. It has remained unamended in substance since 26 June 2013."},"complexity_factors":["The document itself is extremely brief — it is a procedural instrument rather than substantive legislation","Very limited substantive content is visible in the text provided; the proclamation's operative clause (the actual date or provisions being commenced) does not appear in the extracted text","Requires cross-referencing with the parent Act (Passenger Transport Services Act 2011) to understand full effect","Standard proclamation format with minimal technical legal complexity"],"plain_english_summary":"This Proclamation formally brought the Passenger Transport Services Act 2011 into force in Tasmania on 26 June 2013. It made the Act’s regulatory framework — affecting passengers, transport operators (buses, taxis, hire cars, ride-share) and regulators — legally enforceable, establishing licensing, safety and operational rules for passenger transport services."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation with a currency date of 26 June 2013 but a file modification date of 5 July 2017 suggests either an undisclosed amendment occurred in 2017 that is not reflected in the currency statement, or the modification was administrative only. The instrument provides no mechanism to distinguish these scenarios, leaving users unable to determine the true authoritative version.","confidence":0.55,"description":"The legislation states it is 'current from 26 June 2013 to date' while also stating the file was last modified 5 July 2017, creating an internal inconsistency about when the instrument was last substantively changed versus when it is 'current' from."},{"type":"impossible_compliance","section":"Document structure - entire proclamation","severity":"high","reasoning":"A proclamation is a legal instrument designed to bring something into legal effect or make a formal declaration. Without any operative clauses, the instrument cannot fulfil its legal function. It is impossible for any person, authority, or court to comply with, enforce, or give effect to a proclamation that contains no operative text. The instrument is legally inert and arguably void for uncertainty.","confidence":0.9,"description":"The proclamation as published contains no operative provisions whatsoever. A proclamation under the Passenger Transport Services Act 2011 should at minimum identify what is being proclaimed (e.g., a commencement date, a declared area, or an appointed person), yet the entire substantive body of the instrument is absent."},{"type":"circular_definition","section":"Status Information - Currency of version","severity":"low","reasoning":"Legal currency should be defined by legislative events (commencement, amendment, repeal). Anchoring the end-point of currency to the moment of user access creates a situation where the same instrument has a different 'currency' for every user who accesses it at a different time, which is logically incoherent as a statement of legal status.","confidence":0.65,"description":"The currency statement 'current from 26 June 2013 to date' is self-referentially indeterminate. The phrase 'to date' is defined only by the access timestamp '5 April 2026 at 18:45', meaning the currency of the law is defined by when a user happened to access it, rather than by any legislative event."},{"type":"other","section":"Document structure - headings and metadata","severity":"medium","reasoning":"Legislative instruments must be clear and unambiguous. Systematic duplication of every structural element suggests the published version is not a reliable representation of the instrument as made. If a court or practitioner were to rely on this as the authoritative text, the duplication creates uncertainty about the document's integrity and whether any content has been lost or corrupted between duplicated sections.","confidence":0.8,"description":"All headings and metadata blocks are duplicated verbatim multiple times throughout the document (e.g., 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). While likely a publishing/rendering error, if treated as the authoritative legal text, it is impossible to determine which instance of each heading is operative."}],"contradictions":[{"severity":"medium","section_a":"Status Information - Currency of version ('Version current from 26 June 2013 to date')","section_b":"Status Information - Authorisation ('File last modified 5 July 2017')","confidence":0.7,"description":"The instrument claims to be current and unchanged since 26 June 2013, yet the file itself was last modified on 5 July 2017 — over four years later. These two statements directly contradict each other as to when the instrument was last altered."},{"severity":"high","section_a":"Header ('Proclamation under the Passenger Transport Services Act 2011' — implying operative legal content)","section_b":"Body of instrument (containing no operative provisions)","confidence":0.88,"description":"The title represents the document as a proclamation — a legal instrument with operative effect — while the body of the document contains only metadata, status information, and duplicated headings with zero operative provisions. The title and the body are fundamentally contradictory as to the legal character of the document."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-passenger-transport-services-act-2011","history":"/api/acts/proclamation-under-the-passenger-transport-services-act-2011/history","analysis":"/api/acts/proclamation-under-the-passenger-transport-services-act-2011/analysis","conflicts":"/api/acts/proclamation-under-the-passenger-transport-services-act-2011/conflicts","importantCases":"/api/acts/proclamation-under-the-passenger-transport-services-act-2011/important-cases","documents":"/api/acts/proclamation-under-the-passenger-transport-services-act-2011/documents"}}