{"id":"tas:sr-2011-139","name":"Proclamation under the Personal Property Securities (National Uniform Legislation) Implementation Act 2011","slug":"proclamation-under-the-personal-property-securities-national-uniform-legislation-implementation-act-","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"139 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314528,"registerId":"tas-tas:sr-2011-139-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Personal Property Securities (National Uniform Legislation) Implementation Act 2011","content":"> Proclamation under the Personal Property Securities (National Uniform Legislation) Implementation 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-2011-002#GS2@Gs2@EN) [Personal Property Securities (National Uniform Legislation) Implementation Act 2011](/view/html/inforce/2026-04-12/act-2011-002) fix 30 January 2012 as the day on which the provisions of that Act, except [sections 1](/view/html/inforce/2026-04-12/act-2011-002#GS1@EN) , [2](/view/html/inforce/2026-04-12/act-2011-002#GS2@EN) , [3](/view/html/inforce/2026-04-12/act-2011-002#GS3@EN) , [4](/view/html/inforce/2026-04-12/act-2011-002#GS4@EN) and [7](/view/html/inforce/2026-04-12/act-2011-002#GS7@EN) , commence.\n\n19 December 2011\n\nPETER G UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nBRIAN WIGHTMAN\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 28 December 2011\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 change the substantive scope of the Act; it only fixes the commencement date for most provisions (excluding sections 1, 2, 3, 4 and 7). It therefore activates the existing legal regime specified in the Act on 30 January 2012 without amending its content."},"complexity_factors":["Single, discrete action: fixes a commencement date rather than altering substantive law.","Exclusions: five specific sections (1, 2, 3, 4 and 7) are carved out, requiring cross-reference to the Act to understand remaining coverage.","Formal procedure: proclamation issued by the Governor acting with Executive Council (source names Governor and Minister).","Administrative traceability: Gazette notification and departmental administration noted, relevant for implementation timing and record-keeping.","Low operational ambiguity: text is concrete about date and scope but does not explain practical implementation steps or costs."],"plain_english_summary":"This proclamation, made by the Governor of Tasmania with Executive Council advice, fixes 30 January 2012 as the day most provisions of the Personal Property Securities (National Uniform Legislation) Implementation Act 2011 commence in Tasmania. Sections 1, 2, 3, 4 and 7 are excluded. Mechanically, it brings the Act into force on that date, activating the duties, rights and processes the Act creates for the persons and entities governed by it."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement instrument performing exactly the function intended — specifying when an Act comes into force. It has not expanded beyond its original purpose."},"complexity_factors":["Single operative provision fixing a commencement date","Simple list of 5 excluded sections with no conditional logic","No defined terms, cross-references to other legislation, or substantive legal rules","Standard proclamation format — essentially a procedural trigger document"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings most of a law into effect on a specific date.\n\n**What it does:**\n- Sets **30 January 2012** as the day when the *Personal Property Securities (National Uniform Legislation) Implementation Act 2011* (Tasmania) starts operating.\n- **Carves out exceptions:** Sections 1, 2, 3, 4, and 7 of that Act are **not** covered by this proclamation — they already started earlier (or will start differently).\n\n**Who it affects:**\n- Businesses, lenders, and individuals in **Tasmania** who deal with \"personal property securities\" — basically, loans or credit arrangements where someone uses their property (other than land) as collateral. Think car loans, equipment leases, or inventory financing.\n- It harmonises Tasmania's rules with other Australian states under a national scheme.\n\n**Why it matters:**\nWithout this proclamation, the Act would sit on the shelf unused. This document officially \"switches on\" the law, giving everyone certainty about when the new rules apply. The excluded sections typically cover things like the Act's name, definitions, and preliminary matters that often commence immediately upon royal assent."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation only. Its sole purpose is to activate the Implementation Act on a specified date. There is no indication of any scope change from the original legislative intent — it performs exactly the administrative function a proclamation is designed to perform."},"complexity_factors":["The document itself is purely procedural — a commencement proclamation with no substantive legal provisions of its own","The underlying subject matter (personal property securities law) is moderately complex, but this document does not deal with that substance","Minimal text and no operative clauses beyond bringing the Act into force","No amending provisions, schedules, or technical definitions to interpret"],"plain_english_summary":"This Proclamation brings Tasmania into the national Personal Property Securities regime by activating the Personal Property Securities (National Uniform Legislation) Implementation Act 2011. It links Tasmania to the Australia‑wide Personal Property Securities Register (PPSR), affecting lenders, businesses trading in goods and equipment, and consumers checking for encumbrances on vehicles or assets. The change replaces fragmented state registers with a single national database for recording and searching security interests."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A document that has not been modified since 2017 cannot genuinely assert currency through to 2026 without some form of active verification. The 'to date' currency claim is a passive assumption rather than a confirmed status, creating a potential false assurance of legislative accuracy.","confidence":0.55,"description":"The document states it is 'current from 28 December 2011 to date (accessed 8 April 2026 at 1:31)' while simultaneously stating 'File last modified 5 July 2017'. If no amendments have been made since 5 July 2017, the claim of currency 'to date' (2026) is misleading, as the document has not actually been reviewed or confirmed current for nearly a decade."},{"type":"impossible_compliance","section":"Document Structure - Entire Proclamation","severity":"high","reasoning":"A proclamation with no operative text cannot be complied with, interpreted, or enforced. Citizens and courts cannot derive any legal obligation, right, or commencement date from a document that contains only administrative metadata. If this is the complete instrument, it fails its fundamental legislative purpose.","confidence":0.85,"description":"The proclamation as reproduced contains no operative provisions whatsoever. A proclamation is a legal instrument that must contain substantive content (e.g., commencement dates, declared matters). This document consists entirely of metadata, status information, and navigation elements, rendering it legally vacuous as presented."},{"type":"self_contradicting","section":"Status Information - Update Policy","severity":"medium","reasoning":"If updates reliably occur within 3 working days of legislative change, then a document unmodified since 2017 either means no changes occurred (plausible for a simple proclamation) or the 3-working-day commitment was not met. The internal logic is strained given the represented timespan.","confidence":0.5,"description":"The statement that 'legislation on this site is usually updated within 3 working days after a change to the legislation' contradicts the demonstrable fact that the file was last modified 5 July 2017, yet the currency is asserted through to April 2026 — a gap of approximately 8 years and 9 months with no recorded update."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version (accessed 8 April 2026)","section_b":"Authorisation - File last modified 5 July 2017","confidence":0.6,"description":"The document simultaneously claims to be current as of 8 April 2026 and to have been last modified on 5 July 2017. These two claims are not strictly contradictory for a static proclamation, but they create a logical tension: 'current' implies active verification of accuracy, whereas a 2017 modification date suggests no such verification has occurred for nearly nine years."},{"severity":"medium","section_a":"Table of Amending Instruments - reference to amendments existing","section_b":"Authorisation - File last modified 5 July 2017","confidence":0.45,"description":"The document provides a hyperlink to a 'Table of Amendments', implying amending instruments may exist, yet the file modification date of 5 July 2017 suggests the base document has not been updated to reflect any such amendments since that date. If amendments exist post-2017, the unmodified base document would be inconsistent with those amendments."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-personal-property-securities-national-uniform-legislation-implementation-act-","history":"/api/acts/proclamation-under-the-personal-property-securities-national-uniform-legislation-implementation-act-/history","analysis":"/api/acts/proclamation-under-the-personal-property-securities-national-uniform-legislation-implementation-act-/analysis","conflicts":"/api/acts/proclamation-under-the-personal-property-securities-national-uniform-legislation-implementation-act-/conflicts","importantCases":"/api/acts/proclamation-under-the-personal-property-securities-national-uniform-legislation-implementation-act-/important-cases","documents":"/api/acts/proclamation-under-the-personal-property-securities-national-uniform-legislation-implementation-act-/documents"}}