{"id":"tas:sr-2010-068","name":"Proclamation under the Personal Information Protection Amendment Act 2009","slug":"proclamation-under-the-personal-information-protection-amendment-act-2009","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"68 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314972,"registerId":"tas-tas:sr-2010-068-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 Amendment Act 2009","content":"> Proclamation under the Personal Information Protection Amendment Act 2009\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-2009-071#GS2@EN) [Personal Information Protection Amendment Act 2009](/view/html/inforce/2026-04-12/act-2009-071) fix 15 July 2010 as the day on which that Act commences.\n\n12 July 2010\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nLARA GIDDINGS\n\nMinister for Justice\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 14 July 2010\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A commencement Proclamation by its nature does not alter the scope of the parent legislation — it simply activates what Parliament already passed. There is no indication of scope change from the original legislative intent."},"complexity_factors":["The document is purely procedural — it sets a commencement date rather than establishing substantive legal rights or obligations","Very limited content is available in the text provided, making full analysis difficult","Requires cross-referencing the parent Act (Personal Information Protection Amendment Act 2009) to understand any real-world impact","Tasmanian-specific legislative framework may be unfamiliar to readers outside that jurisdiction"],"plain_english_summary":"This Proclamation formally sets the commencement date — 14 July 2010 — for amendments made by Tasmania’s Personal Information Protection Amendment Act 2009, making those privacy-law changes legally effective. It affects Tasmanian agencies and covered private bodies whose handling of personal information is governed by the updated rules. Largely procedural; unchanged since at least 2017."},"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 effect.\n\n**What it does:**\n- The Tasmanian Governor (acting on ministerial advice) has officially declared that the *Personal Information Protection Amendment Act 2009* will start operating on **15 July 2010**.\n\n**Why this matters:**\n- Laws passed by Parliament don't automatically take effect immediately. They often need a proclamation like this to \"switch them on.\"\n- This document fixes the exact date when the privacy law amendments become legally binding.\n\n**Who it affects:**\n- Tasmanian government agencies and anyone handling personal information under Tasmanian privacy law — the amendments now apply from 15 July 2010.\n\n**Key point:** Without this proclamation, the 2009 amendments would remain dormant (not legally active) even though Parliament passed them."},"issue_detection":{"absurdities":[{"type":"other","section":"Document Header / Title Block","severity":"medium","reasoning":"A proclamation is a formal legal instrument. Repeated and truncated renderings of its own title in the authoritative published version raises questions about the integrity of the instrument as a legal document. If the title is ambiguous or duplicated, there may be uncertainty about which instrument is actually being proclaimed.","confidence":0.72,"description":"The proclamation title is duplicated and fragmented multiple times throughout the document header, appearing as both 'Proclamation under the Persona' and 'Proclamation under the Personal Information Protection Amendment Act 2009' in overlapping repetitions, suggesting the document itself may be malformed or improperly consolidated."},{"type":"other","section":"Status Information – Currency of version","severity":"low","reasoning":"A proclamation is a one-time instrument that commences an Act or part thereof. Describing a proclamation as having a currency period spanning 16 years is logically odd — proclamations do not themselves change; they operate instantaneously. Treating a proclamation like consolidating legislation with an ongoing currency period misrepresents its legal nature.","confidence":0.65,"description":"The document states it is 'current from 14 July 2010 to date (accessed 8 April 2026 at 1:39)' yet the file was 'last modified 5 July 2017'. If no amendments have occurred since 2017 but the version is described as current to 2026, the currency statement is effectively meaningless — it simply asserts no change has occurred without confirming ongoing validity of the underlying Act."},{"type":"other","section":"Status Information – Currency / Authorisation","severity":"medium","reasoning":"While likely a rendering/formatting error, the published version of legislation is the authoritative version in Tasmania under the Acts Publication Act 1953 framework. A systematically duplicated structure in the authoritative online version creates uncertainty about which elements are substantive and which are artefacts.","confidence":0.68,"description":"Every heading and section in the Status Information block is duplicated verbatim (e.g., 'Currency of version Currency of version', 'Authorisation Authorisation'). If this reflects the authoritative published text, the document fails basic coherence standards expected of a formal legal instrument."},{"type":"impossible_compliance","section":"Proclamation body (absent)","severity":"high","reasoning":"A proclamation without operative content cannot perform its legal function. If the proclamation exists to bring the Amendment Act (or parts of it) into force, the absence of any substantive text means it is impossible to determine what, if anything, was actually commenced. Persons seeking to comply with or rely upon the amended Act cannot do so with certainty.","confidence":0.8,"description":"The document purports to be a Proclamation — a substantive legal instrument commencing provisions of the Personal Information Protection Amendment Act 2009 — yet contains no operative text whatsoever. No commencement date, no specified provisions, and no Governor's declaration appear in the published text."}],"contradictions":[{"severity":"low","section_a":"Status Information – Currency of version ('Version current from 14 July 2010 to date')","section_b":"Authorisation ('File last modified 5 July 2017')","confidence":0.6,"description":"The currency statement implies the instrument is continuously current and monitored to 8 April 2026, yet the authorisation block confirms no file update has occurred since 5 July 2017. These two statements cannot both be fully accurate: either the file has been reviewed and confirmed current (in which case the modification date should reflect that), or it has not been reviewed since 2017 (in which case the 'to date' currency claim is unverified)."},{"severity":"medium","section_a":"Document title: 'Proclamation under the Personal Information Protection Amendment Act 2009'","section_b":"Truncated title: 'Proclamation under the Persona'","confidence":0.55,"description":"The document simultaneously identifies itself under two different title strings — one complete, one truncated — creating an internal inconsistency about the instrument's formal name. In a legal context, the name of the enabling Act in a proclamation is a jurisdictional fact; ambiguity here could theoretically be exploited to challenge the instrument's validity."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation does not change the substantive scope or content of the Personal Information Protection Amendment Act 2009; it only sets the Act's commencement date (proclamation: 'fix 15 July 2010 as the day on which that Act commences') and was made under the Act's commencement power (referenced s2)."},"complexity_factors":["Narrow, single-purpose instrument: it only fixes a commencement date ('fix 15 July 2010 as the day on which that Act commences').","Statutory authority cited: made under section 2 of the Personal Information Protection Amendment Act 2009 (proclamation text references s2).","Low administrative discretion: decision recorded as made by the Governor with Executive Council advice and by the named Minister (proclamation text: 'acting with the advice of the Executive Council'; signed by Minister for Justice).","Clear temporal effect: creates a firm trigger date for compliance obligations and enforcement of the amended Act (proclamation phrase: 'the day on which that Act commences').","Implementation and notice mechanics: notified in the Gazette and administered by the Department of Justice (proclamation notes Gazette notification and administration), so administrative steps are required to publicise commencement.","Compliance burden concentrated on entities subject to the Act: businesses and other regulated parties must ensure systems and practices meet the amended rules from the fixed date (implicit from commencement effect)."],"plain_english_summary":"This proclamation sets 15 July 2010 as the day the Personal Information Protection Amendment Act 2009 begins to operate in Tasmania. It means that, from that date, organisations and individuals covered by the Act must comply with its amended privacy rules; the proclamation was made by the Governor under section 2, on Executive Council advice, and was notified in the Gazette."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-personal-information-protection-amendment-act-2009","history":"/api/acts/proclamation-under-the-personal-information-protection-amendment-act-2009/history","analysis":"/api/acts/proclamation-under-the-personal-information-protection-amendment-act-2009/analysis","conflicts":"/api/acts/proclamation-under-the-personal-information-protection-amendment-act-2009/conflicts","importantCases":"/api/acts/proclamation-under-the-personal-information-protection-amendment-act-2009/important-cases","documents":"/api/acts/proclamation-under-the-personal-information-protection-amendment-act-2009/documents"}}