{"id":"tas:sr-2005-093","name":"Proclamation under the Personal Information Protection Act 2004","slug":"proclamation-under-the-personal-information-protection-act-2004","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"93 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":317944,"registerId":"tas-tas:sr-2005-093-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Personal Information Protection Act 2004","content":"> Proclamation under the Personal Information Protection Act 2004\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-2004-046#GS2@EN) [Personal Information Protection Act 2004](/view/html/inforce/2026-04-12/act-2004-046) fix 5 September 2005 as the day on which that Act commences.\n\n8 August 2005\n\nW. J. E. COX\n\nGovernor\n\nBy His Excellency's Command,\n\nJUDY JACKSON\n\nMinister for Justice and Industrial Relations\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 17 August 2005\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation does not alter the Act's substantive scope or obligations; it only fixes the date on which those existing obligations begin to operate (Governor acting under s 2)."},"complexity_factors":["Very narrow legal effect: only fixes commencement date for the Act (source: proclamation text).","Relies on a single statutory power (s 2) to set the start date, so little interpretive complexity.","Creates immediate compliance timing costs for regulated entities who must be ready by the fixed date.","Administrative tasks: Gazettal, departmental administration and public notice are required (referenced in proclamation).","Low policy content; primary complexity is procedural and logistical rather than substantive legal change."],"plain_english_summary":"**Sets 5 September 2005 as the commencement date for the Personal Information Protection Act 2004 in Tasmania.** From that date, individuals and organisations handling personal information in Tasmania must comply with the Act's requirements; the Governor made the proclamation under s 2 with Executive Council advice.\n\nMechanically, the proclamation fixes the compliance start date (who pays: regulated entities), creates timing and administrative costs to update practices and notices, and records that the Department of Justice will administer the proclamation (s 2)."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"medium","reasoning":"A proclamation that is genuinely unchanged since 2005 cannot also have been last modified in 2018. 'Last modified' in an authoritative legislative repository typically signals a substantive or administrative change. The two metadata fields directly contradict each other as to the instrument's currency date.","confidence":0.72,"description":"The document claims to be 'current from 17 August 2005 to date' while simultaneously stating the file was 'last modified 24 July 2018'. These are irreconcilable: either the instrument has not changed since 2005 (making the 2018 modification date meaningless) or it was modified in 2018 (meaning the version is current from 2018, not 2005)."},{"type":"other","section":"Document structure - repeated headings throughout","severity":"low","reasoning":"While likely a rendering/typographical artefact, in a legally authoritative consolidated instrument the presence of duplicate headings could theoretically be read as introducing parallel, potentially conflicting provisions with identical titles. The instrument provides no mechanism to resolve which instance governs.","confidence":0.55,"description":"Every heading and section title appears duplicated verbatim (e.g. 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). If this is the authoritative consolidated text, the duplication creates genuine ambiguity as to whether these represent separate, distinct provisions or a single provision, which is a structural flaw in a legally operative document."},{"type":"impossible_compliance","section":"Status Information - Currency of version","severity":"low","reasoning":"Automated timestamp generation for a future date, while technically a system issue, means the stated currency period is unverifiable. A person relying on the instrument cannot confirm whether any amendments may have intervened between the stated modification date (2018) and the recorded access date (2026).","confidence":0.6,"description":"The access timestamp records the document as accessed '8 April 2026 at 2:44', a future date relative to any plausible drafting or publishing date for this instrument. If the version is genuinely 'current to date' and that date is 2026, the instrument purports to have prospective currency beyond any date it could have been verified as current, creating an impossible compliance scenario for anyone relying on it today."},{"type":"other","section":"Title - 'Proclamation under the Persona...'","severity":"medium","reasoning":"Under Australian administrative law, a proclamation must identify its enabling legislation with sufficient certainty. Repeated truncation of the parent Act's name in the instrument's own title, even if a formatting error, undermines the document's facial validity and creates ambiguity as to whether 'Persona' refers to the Personal Information Protection Act 2004 or some other instrument.","confidence":0.5,"description":"The instrument's own title is truncated mid-word ('Persona') in two separate headings before being rendered correctly in others. An instrument that cannot consistently state its own enabling Act creates an absurdity: it is unclear on the face of the document which Act it is actually made under, which is a fundamental validity requirement for subordinate legislation."}],"contradictions":[{"severity":"medium","section_a":"Status Information - 'Version current from 17 August 2005 to date'","section_b":"Authorisation - 'File last modified 24 July 2018'","confidence":0.75,"description":"The currency statement asserts the version has been current and unchanged since 17 August 2005, while the authorisation block records a file modification on 24 July 2018 — nearly 13 years later. These two statements cannot both be true: either no modification occurred after 2005 (falsifying the 2018 date) or a modification occurred in 2018 (falsifying the 2005 currency commencement)."},{"severity":"low","section_a":"Status Information - 'Legislation on this site is usually updated within 3 working days after a change'","section_b":"Authorisation - 'File last modified 24 July 2018'","confidence":0.6,"description":"If the site's own policy is to update within 3 working days of any legislative change, and the file was last modified in 2018, then the instrument must have changed in or around July 2018. This contradicts the version currency statement that the text has been unchanged since 2005, and raises the question of whether the 3-working-day update obligation was complied with for any changes between 2005 and 2018."}]},"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)","No defined terms","No cross-references to other legislation (except citation of the empowering section)","No conditional logic or exceptions","Standard ceremonial/formulaic language only"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into force.\n\n**What it does:**\n- Sets **5 September 2005** as the date when Tasmania's *Personal Information Protection Act 2004* officially starts operating.\n- Without this proclamation, the Act would remain on the statute books but wouldn't actually apply to anyone yet.\n\n**Who it affects:**\n- Tasmanian government agencies and organisations that handle personal information — they become legally bound by privacy rules from this date.\n- Individuals in Tasmania — they gain privacy rights and protections from this date.\n\n**Why it matters:**\n- Laws often pass Parliament months or years before they take effect. This document is the \"switch\" that turns the law on.\n- It gives everyone advance notice (almost a month) to prepare for compliance."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, there is no indication that the scope of this Proclamation changed from its original intent. It appears to be a standard commencement or administrative proclamation under the parent Act, unchanged in purpose since 2005. The 2018 file modification likely reflects an administrative or formatting update rather than a substantive change."},"complexity_factors":["The document provided is largely metadata and status information — the operative legal text is absent, making substantive analysis impossible","Proclamations are generally simple instruments with narrow, specific purposes (e.g. commencement declarations)","The parent Act (Personal Information Protection Act 2004) has moderate complexity, but this instrument itself appears minimal in scope","No technical definitions, cross-references, or complex legal mechanisms are visible in the provided text"],"plain_english_summary":"This Proclamation, made under Tasmania’s Personal Information Protection Act 2004, appears to bring parts of that Act into force; it has been in effect since 17 August 2005 and remains current with at least one amendment. It affects Tasmanian government agencies that handle individuals’ personal information and matters for residents seeking access or correction rights. The operative text isn’t included here — consult the full instrument or Table of Amendments for precise legal effect."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-personal-information-protection-act-2004","history":"/api/acts/proclamation-under-the-personal-information-protection-act-2004/history","analysis":"/api/acts/proclamation-under-the-personal-information-protection-act-2004/analysis","conflicts":"/api/acts/proclamation-under-the-personal-information-protection-act-2004/conflicts","importantCases":"/api/acts/proclamation-under-the-personal-information-protection-act-2004/important-cases","documents":"/api/acts/proclamation-under-the-personal-information-protection-act-2004/documents"}}