{"id":"tas:sr-2023-072","name":"Proclamation under the Police Offences Amendment (Nazi Symbol and Gesture Prohibition) Act 2023","slug":"proclamation-under-the-police-offences-amendment-nazi-symbol-and-gesture-prohibition-act-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"72 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179405,"registerId":"tas-tas:sr-2023-072-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Police Offences Amendment (Nazi Symbol and Gesture Prohibition) Act 2023","content":"> Proclamation under the Police Offences Amendment (Nazi Symbol and Gesture Prohibition) Act 2023\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-2023-014#GS2@EN) [Police Offences Amendment (Nazi Symbol and Gesture Prohibition) Act 2023](/view/html/inforce/2026-04-12/act-2023-014) fix 30 November 2023 as the day on which that Act commences.\n\n30 October 2023\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nGUY BARNETT\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 8 November 2023\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Document Structure / Header","severity":"high","reasoning":"A proclamation is a formal legal instrument that must contain operative text — typically declaring that an Act or provisions of an Act commence on a specified date. This document contains none. Citizens and courts cannot ascertain what the proclamation actually proclaims, making compliance with or enforcement of any commencement date impossible to determine from the instrument itself.","confidence":0.85,"description":"The proclamation document appears to contain no operative provisions whatsoever. It is a proclamation under the Police Offences Amendment (Nazi Symbol and Gesture Prohibition) Act 2023, yet the entire substantive content consists solely of status information, metadata, and navigation links. There is no actual proclamation text specifying a commencement date or any operative legal effect."},{"type":"other","section":"Status Information / Currency of Version","severity":"low","reasoning":"The currency metadata implies an ongoing legal instrument with substantive provisions that may change over time. Without any operative provisions in the document as presented, the currency statements are logically vacuous — they assert the currency of nothing.","confidence":0.75,"description":"The document states it was 'accessed 5 April 2026 at 14:38' and is 'current from 8 November 2023 to date', yet the file is described as 'last modified 8 November 2023'. If no amendments have been made and no operative content exists, there is nothing to be 'current' — the instrument has no discernible legal content that could evolve or remain current."},{"type":"circular_definition","section":"Table of Amending Instruments","severity":"medium","reasoning":"Amending instruments presuppose substantive content in the principal instrument capable of modification. A proclamation devoid of operative provisions cannot logically be the subject of amendments. The existence of an amendments table implies prior amendments to content that does not appear to exist in the document as presented.","confidence":0.7,"description":"The document references a 'Table of Amendments' for what appears to be an entirely empty proclamation. If the proclamation contains no operative text, there is nothing capable of being amended, rendering a table of amending instruments logically incoherent."},{"type":"other","section":"Document Title (repeated)","severity":"low","reasoning":"While likely a rendering/scraping artefact rather than a legislative drafting flaw, in a formal legal instrument the multiplication of headings and metadata could theoretically create ambiguity about document identity and integrity, particularly if a court were assessing the authoritative version of the instrument.","confidence":0.6,"description":"The title 'Proclamation under the Police Offences Amendment (Nazi Symbol and Gesture Prohibition) Act 2023' is repeated at least four times across the document, and the heading structure is duplicated extensively (e.g., 'Tasmanian Legislation Tasmania Tasmanian Legislation Tasmania'). This creates an absurd redundancy where the same navigational and titling text is reproduced verbatim, suggesting a document rendering error that may cause legal uncertainty about which instance constitutes the authoritative heading."}],"contradictions":[{"severity":"low","section_a":"Status Information — 'Version current from 8 November 2023 to date (accessed 5 April 2026 at 14:38)'","section_b":"Authorisation — 'File last modified 8 November 2023'","confidence":0.65,"description":"The document claims to be 'current' as of April 2026 and references a Table of Amending Instruments, implying the instrument has been subject to change or at least scrutiny for potential amendment over more than two years. However, the authorisation section states the file was last modified on 8 November 2023 — the date of original proclamation — suggesting no changes whatsoever have occurred. These two propositions are in tension: either amendments exist (requiring file modification) or they do not (making the amendments table reference misleading)."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the Act's substantive scope; it merely activates the Act by setting its commencement date under section 2. It neither adds, removes nor modifies provisions of the principal Act and contains only administrative commencement and publication formalities."},"complexity_factors":["Single operative action: fixes a commencement date rather than creating substantive law","Short, formulaic instrument with no amendments or transitional arrangements","Authority invoked: Governor acting with Executive Council advice under s.2 of the Act","Administrative formalities: Gazette notification and display requirements under Rules Publication Act 1953","No delegated discretion or staged commencement clauses in the proclamation itself"],"plain_english_summary":"This proclamation brings the Police Offences Amendment (Nazi Symbol and Gesture Prohibition) Act 2023 into force in Tasmania by fixing its commencement date as 30 November 2023. The Governor, acting with the Executive Council, makes the law operational from that date so the Act's provisions apply in Tasmania."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A commencement proclamation has a single, fixed purpose: to bring an Act into force on a specified date. There is no scope to change from the original intent. The document performs exactly the function it was designed to perform."},"complexity_factors":["The document itself is purely procedural — it is a commencement proclamation, not substantive law","It contains almost no operative legal content beyond activating another piece of legislation","The underlying Act it commences is straightforward in purpose (a targeted prohibition)","No complex definitions, schedules, or regulatory frameworks appear in the document itself","Minor complexity arises from needing to understand what a 'Proclamation' is and its relationship to the parent Act"],"plain_english_summary":"This Proclamation by the Governor of Tasmania brings the Police Offences Amendment (Nazi Symbol and Gesture Prohibition) Act 2023 into force, making it a criminal offence in Tasmania to publicly display Nazi symbols or perform Nazi gestures.  \n\nIt confirms the Act commenced on 8 November 2023, enabling police to enforce the ban and affecting anyone, including event organisers and protesters, who might publicly use such imagery or gestures."},"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 the parent Act into force. It has not expanded beyond its original purpose."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No cross-references to substantive law (only citation of the empowering section)","Standard proclamation format with no conditional logic or exceptions","Total length: 4 short paragraphs plus boilerplate administrative details"],"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 **30 November 2023** as the date when the *Police Offences Amendment (Nazi Symbol and Gesture Prohibition) Act 2023* becomes law in Tasmania.\n\n**Who it affects:**\n- All Tasmanians — once this date passes, it becomes illegal to display Nazi symbols or make Nazi gestures in public, with specific exceptions (such as for education, art, or religious purposes).\n\n**Why it matters:**\n- Without this proclamation, the Act would remain \"on the shelf\" — passed by Parliament but not actually enforceable. This document flips the switch, making the police offences real and punishable.\n\n**Key point:** This isn't the ban itself — it's just the \"start date\" announcement signed by the Governor of Tasmania on the advice of the Minister for Justice."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-police-offences-amendment-nazi-symbol-and-gesture-prohibition-act-2023","history":"/api/acts/proclamation-under-the-police-offences-amendment-nazi-symbol-and-gesture-prohibition-act-2023/history","analysis":"/api/acts/proclamation-under-the-police-offences-amendment-nazi-symbol-and-gesture-prohibition-act-2023/analysis","conflicts":"/api/acts/proclamation-under-the-police-offences-amendment-nazi-symbol-and-gesture-prohibition-act-2023/conflicts","importantCases":"/api/acts/proclamation-under-the-police-offences-amendment-nazi-symbol-and-gesture-prohibition-act-2023/important-cases","documents":"/api/acts/proclamation-under-the-police-offences-amendment-nazi-symbol-and-gesture-prohibition-act-2023/documents"}}