{"id":"tas:sr-2012-054","name":"Proclamation under the Poisons Amendment Act 2012","slug":"proclamation-under-the-poisons-amendment-act-2012","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"54 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313511,"registerId":"tas-tas:sr-2012-054-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Poisons Amendment Act 2012","content":"> Proclamation under the Poisons Amendment Act 2012\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-2012-007#GS2@EN) [Poisons Amendment Act 2012](/view/html/inforce/2026-04-12/act-2012-007) fix 1 July 2012 as the day on which that Act commences.\n\n27 June 2012\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nMICHELLE O'BYRNE\n\nMinister for Health\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 29 June 2012\n\nThis proclamation is administered in the Department of Health and Human Services.","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"A commencement proclamation has an inherently narrow and fixed purpose — to bring legislation into force on a specified date. There is no evidence of scope change; the document fulfils exactly and only that function."},"complexity_factors":["Document is a commencement proclamation only — it contains no substantive legal rules","No operative provisions beyond activating the parent Act","Single, straightforward legal function (triggering commencement)","No discretionary powers, offences, obligations, or rights created directly by this instrument"],"plain_english_summary":"This Proclamation by the Tasmanian Governor sets the commencement date for the Poisons Amendment Act 2012, declaring when that Act takes legal effect — 29 June 2012.\n\nIt does not itself change policy but activates the amendments, affecting pharmacists, health professionals, businesses handling regulated poisons, and patients who access certain medicines."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation that has been modified as recently as 5 July 2017 but whose 'version current from' date is listed as 29 June 2012 suggests either the modification was non-substantive or the currency date is misleading. If the file was modified in 2017, the 'version current from' date should arguably reflect that modification date rather than the original proclamation date, creating confusion about what the operative version actually is.","confidence":0.55,"description":"The document states it is 'current from 29 June 2012 to date' but also states 'File last modified 5 July 2017', creating an internal inconsistency about when the instrument was last substantively changed versus when it is considered current."},{"type":"impossible_compliance","section":"Document Structure - Entire Document","severity":"high","reasoning":"A proclamation is a formal legal instrument used to bring legislation into force or to declare a legal effect. Without any operative text stating what is being proclaimed, who is being authorised, or what date provisions commence, the instrument cannot achieve any legal purpose. Persons seeking to comply with or rely upon it have nothing to act upon.","confidence":0.85,"description":"The document appears to be a proclamation under the Poisons Amendment Act 2012 but contains no operative provisions whatsoever. The entire substantive body of the instrument is absent, rendering it legally meaningless as presented."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"While the access timestamp may simply reflect when the document was retrieved, the combination of a 2026 access date and a 2012 commencement date with no expiry or amendment noted (despite a 2017 file modification) raises questions about whether the instrument has been properly maintained and whether its ongoing currency has been verified.","confidence":0.4,"description":"The document claims to be 'accessed 8 April 2026 at 1:06' which is a future date relative to any plausible drafting date, and the legislation is described as current 'to date' without specifying a repeal or sunset, suggesting perpetual currency of an instrument that contains no operative content."}],"contradictions":[{"severity":"low","section_a":"Status Information - 'Version current from 29 June 2012 to date'","section_b":"Authorisation - 'File last modified 5 July 2017'","confidence":0.6,"description":"The instrument claims the current version runs from 29 June 2012 to date, yet the file was last modified on 5 July 2017. If the modification was substantive, the version currency date should be 5 July 2017, not 29 June 2012. If non-substantive, the modification record is misleading."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the content or reach of the Poisons Amendment Act 2012; it merely fixes the date the Act takes effect under the Act's section 2 authority. The Act's substantive scope remains as set by the legislation itself."},"complexity_factors":["Single, discrete legal operation: fixes a commencement date rather than changing substantive law","Authority explicitly invoked (section 2 of the Poisons Amendment Act 2012)","Minimal discretion exercised — clear executive action with formal notification","No new regulatory obligations created by the proclamation itself (obligations derive from the underlying Act)","Administrative procedural steps (Gazette notification, departmental administration) but low legal ambiguity"],"plain_english_summary":"Sets 1 July 2012 as the day the Poisons Amendment Act 2012 comes into force, using the Governor’s power under section 2 of that Act. The Governor, acting with the Executive Council, fixed the commencement date and published the proclamation in the Gazette. From that date the Act’s legal requirements apply to everyone it covers; any compliance costs or behavioural changes flow from the Act once it is in force."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which by its nature has a single, narrow purpose: to bring an Act into force on a specified date. It has not expanded beyond this original intent."},"complexity_factors":["Single operative provision (fixing a commencement date)","No defined terms","No cross-references to other legislation beyond citation of the enabling Act","No conditional logic or exceptions","Standard formal language typical of proclamations"],"plain_english_summary":"This is a short official notice (called a 'proclamation') from the Governor of Tasmania announcing when a new law will start. Specifically, it sets **1 July 2012** as the start date for the *Poisons Amendment Act 2012* — a law that made changes to how poisons and dangerous drugs are regulated in Tasmania.\n\n**What it does:**\n- **Activates the law:** Without this proclamation, the *Poisons Amendment Act 2012* would not have come into force. Many laws are passed by Parliament but don't actually apply until a later date is officially announced.\n- **Who made it:** The Governor of Tasmania (the Queen's representative in the state), acting on advice from the Executive Council (the Premier and senior ministers).\n- **Who it affects:** Anyone dealing with poisons, pharmaceuticals, or controlled substances in Tasmania — including doctors, pharmacists, veterinarians, and patients — once the amendments took effect on 1 July 2012.\n\n**Why it matters:**\nThis is a procedural step, but an essential one. It tells the public, businesses, and regulators exactly when new rules about poison classification, supply, and handling become legally binding."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-poisons-amendment-act-2012","history":"/api/acts/proclamation-under-the-poisons-amendment-act-2012/history","analysis":"/api/acts/proclamation-under-the-poisons-amendment-act-2012/analysis","conflicts":"/api/acts/proclamation-under-the-poisons-amendment-act-2012/conflicts","importantCases":"/api/acts/proclamation-under-the-poisons-amendment-act-2012/important-cases","documents":"/api/acts/proclamation-under-the-poisons-amendment-act-2012/documents"}}