{"id":"tas:sr-2026-003","name":"Proclamation under the Poisons Amendment (Interstate Prescriptions) Act 2025","slug":"proclamation-under-the-poisons-amendment-interstate-prescriptions-act-2025","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"3 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174159,"registerId":"tas-sr-2026-003-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Poisons Amendment (Interstate Prescriptions) Act 2025","content":"> Proclamation under the Poisons Amendment (Interstate Prescriptions) Act 2025\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-2025-026#GS2@EN) [Poisons Amendment (Interstate Prescriptions) Act 2025](/view/html/inforce/2026-04-12/act-2025-026) fix 16 February 2026 as the day on which that Act commences.\n\n3 February 2026\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nBRIDGET ARCHER\n\nMinister for Health, Mental Health and Wellbeing\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 11 February 2026\n\nThis proclamation is administered in the Department of Health.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation does not alter the substantive scope or content of the Poisons Amendment (Interstate Prescriptions) Act 2025. It only fixes the date on which that Act commences (16 February 2026) under the authority of section 2, and records executive and administrative formalities."},"complexity_factors":["Single, discrete operative action: sets a commencement date for an Act.","Relies on statutory delegation: made under section 2 of the named Act (legal authority element).","Formal executive steps recorded (Governor, Executive Council, ministerial sign-off).","Administrative detail: Department of Health named as administering body and Gazette notification date recorded.","No substantive amendment, regulatory detail, or phased implementation described in the proclamation itself."],"plain_english_summary":"This proclamation fixes 16 February 2026 as the day the Poisons Amendment (Interstate Prescriptions) Act 2025 begins to operate in Tasmania, made under section 2 of that Act. It therefore brings into force whatever legal changes the Act creates for persons and entities to whom that Act applies.\n\nThe proclamation was signed by the Governor on advice of the Executive Council, is administered by the Department of Health, and was notified in the Gazette on 11 February 2026."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no indication the proclamation alters or expands the scope of the Poisons Amendment (Interstate Prescriptions) Act 2025. It appears to serve its straightforward purpose of commencing the Act, consistent with its original intent."},"complexity_factors":["This is a proclamation (commencement instrument), which is one of the simplest forms of legislative instrument — it primarily sets a date rather than creating detailed legal obligations","The underlying subject matter (interstate prescription recognition) has moderate complexity, but the proclamation itself does not reproduce that detail","The document provided is largely status/metadata information rather than substantive legal text, limiting the ability to assess deeper complexity","Tasmanian-specific poisons/pharmacy regulatory framework may require cross-referencing with the parent Act and national scheduling standards, but this is not reflected in the proclamation itself"],"plain_english_summary":"This Tasmanian Government proclamation brings the Poisons Amendment (Interstate Prescriptions) Act 2025 into force on 11 February 2026. It enables recognition of prescriptions issued in other Australian states and territories so they can be filled in Tasmania.\n\nThat affects patients who travel or relocate, Tasmanian pharmacists receiving interstate prescriptions, and cross‑border prescribers—improving medication access and aligning Tasmania with prescription portability."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"medium","reasoning":"A proclamation that contains no operative clauses — no commencement date declared, no provisions brought into force, no schedules, no substantive text — cannot meaningfully be described as having currency. The metadata shell exists without legal content, making the currency declaration self-referentially meaningless.","confidence":0.82,"description":"The proclamation states it is 'current from 11 February 2026 to date' while the access date is listed as 5 April 2026, yet no substantive operative provisions are present in the instrument to actually be 'current'."},{"type":"impossible_compliance","section":"Proclamation generally","severity":"high","reasoning":"A proclamation is a formal executive instrument whose sole legal function is to declare something — typically a commencement date or the bringing of provisions into force. An instrument that is entirely devoid of operative content cannot fulfil that function. It is legally inert while being formally registered as legally operative, an impossible compliance position for any person seeking to rely on it.","confidence":0.91,"description":"The instrument purports to be a Proclamation under the Poisons Amendment (Interstate Prescriptions) Act 2025, yet contains no operative proclamation text whatsoever — no declaration by the Governor, no commencement clause, no specification of which provisions are brought into force."},{"type":"circular_definition","section":"Table of Amending Instruments","severity":"medium","reasoning":"A table of amendments presupposes that there is amendable content. A proclamation with no operative text has nothing to amend. The existence of an amending instruments table for a content-free instrument is circular — it implies amendments to something that does not exist, and any purported amendment would itself be amending a nullity.","confidence":0.78,"description":"The instrument references a Table of Amending Instruments for a proclamation that contains no substantive provisions capable of being amended."},{"type":"other","section":"Title / Heading structure","severity":"low","reasoning":"While likely a publishing/rendering artefact, the systematic duplication of all headings means the instrument as published — which is the legally operative version on the Tasmanian legislation website — is formally incoherent. If the title itself is duplicated, it is unclear what the instrument is actually named, which could affect citation and identification.","confidence":0.88,"description":"Every heading and title in the instrument is duplicated verbatim at least once (e.g. 'Proclamation under the Poisons Proclamation under the Poisons Amendment (Interstate Prescriptions) Act 2025'), creating a structurally incoherent document."},{"type":"impossible_compliance","section":"Authorisation / File last modified 11 February 2026","severity":"high","reasoning":"Under the Tasmanian Constitution Act 1934 and Subordinate Legislation Act 1992 (Tas), proclamations must bear the Governor's authority. An 'authorisation' section that records only a file system timestamp rather than any human authorisation renders the instrument's validity questionable. No person can comply with or rely upon a proclamation they cannot verify was lawfully made.","confidence":0.74,"description":"The authorisation section provides only a file modification date and no actual authorising officer, Governor's signature, seal, or countersignature, which are constitutionally required elements of a valid Tasmanian proclamation."}],"contradictions":[{"severity":"high","section_a":"Status Information — 'Version current from 11 February 2026 to date'","section_b":"Proclamation body — [no operative provisions]","confidence":0.89,"description":"The instrument simultaneously claims to be a current, operative legal instrument with an effective date and a table of amendments, while containing no operative legal provisions that could give rise to any legal effect, currency, or amendable content."},{"severity":"medium","section_a":"Table of Amending Instruments — implies the instrument has been or can be amended","section_b":"Proclamation body — contains no substantive provisions","confidence":0.81,"description":"The presence of a Table of Amending Instruments directly contradicts the absence of any content capable of amendment. The instrument cannot logically both have amendable content and have no content."},{"severity":"medium","section_a":"Title: 'Poisons Amendment (Interstate Prescriptions) Act 2025' — implies a parent Act enacted in 2025","section_b":"Proclamation date: 11 February 2026 — proclamation issued in 2026","confidence":0.65,"description":"While not strictly contradictory on its face, if the parent Act was enacted in 2025 and this proclamation is the commencement instrument, the absence of any commencement clause means the Act may never have been validly commenced, contradicting the instrument's implicit purpose of bringing provisions into force."}]},"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. It has not expanded beyond its original purpose."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No conditional logic or exceptions","No cross-references to other legislation beyond citation of the parent Act and standard administrative references","Standard proclamation format following long-established conventions"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a new law into effect.\n\n**What it does:**\n- Sets **16 February 2026** as the date when the *Poisons Amendment (Interstate Prescriptions) Act 2025* starts operating.\n- Until this date, the changes in that Act have no legal force. After this date, they do.\n\n**Who it affects:**\n- **Patients** who get prescriptions for controlled medicines (poisons) from interstate doctors — the underlying Act will allow these prescriptions to be filled in Tasmania.\n- **Pharmacists and doctors** in Tasmania who need to know when the new interstate prescription rules apply.\n- **Government administrators** who track when laws take effect.\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically start immediately. Someone (usually the Governor on ministerial advice) must pick a start date.\n- This proclamation gives everyone certainty about when the new prescription rules begin — important for patient safety, pharmacy compliance, and avoiding legal confusion about which prescriptions are valid."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-poisons-amendment-interstate-prescriptions-act-2025","history":"/api/acts/proclamation-under-the-poisons-amendment-interstate-prescriptions-act-2025/history","analysis":"/api/acts/proclamation-under-the-poisons-amendment-interstate-prescriptions-act-2025/analysis","conflicts":"/api/acts/proclamation-under-the-poisons-amendment-interstate-prescriptions-act-2025/conflicts","importantCases":"/api/acts/proclamation-under-the-poisons-amendment-interstate-prescriptions-act-2025/important-cases","documents":"/api/acts/proclamation-under-the-poisons-amendment-interstate-prescriptions-act-2025/documents"}}