{"id":"tas:sr-2002-017","name":"Proclamation under the Police Offences Amendment (Public Drunkenness) Act 2000","slug":"proclamation-under-the-police-offences-amendment-public-drunkenness-act-2000","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"17 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318467,"registerId":"tas-tas:sr-2002-017-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Police Offences Amendment (Public Drunkenness) Act 2000","content":"> Proclamation under the Police Offences Amendment (Public Drunkenness) Act 2000\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-2000-059#GS2@EN) [Police Offences Amendment (Public Drunkenness) Act 2000](/view/html/inforce/2026-04-12/act-2000-059) fix 27 March 2002 as the day on which that Act commences.\n\n18 March 2002\n\nG. S. M. GREEN\n\nGovernor\n\nBy His Excellency's Command,\n\nD. E. LLEWELLYN\n\nMinister for Police and Public Safety\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 27 March 2002\n\nThis proclamation is administered in the Department of Police and Public Safety.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"If the file was modified on 13 December 2024, then something changed after the original commencement date of 27 March 2002. The unqualified claim of currency 'from 27 March 2002 to date' implies no substantive changes, yet a file modification suggests otherwise. Without a visible Table of Amendments or amendment content, readers cannot reconcile what version they are actually reading.","confidence":0.55,"description":"The proclamation states it is 'current from 27 March 2002 to date' with a last access date of 8 April 2026, yet the file was 'last modified 13 December 2024'. A proclamation that has been modified cannot simultaneously be 'current from 27 March 2002 to date' without qualification of what changed."},{"type":"retroactive_impossibility","section":"Proclamation generally","severity":"medium","reasoning":"If the purpose of a proclamation is to bring an Act or provisions into force, any obligations or rights created by the Act between 2000 and 2002 would be legally ambiguous. Persons potentially affected by the public drunkenness provisions would have had no clear notice of when the law actually applied, undermining the rule of law principle of certainty.","confidence":0.65,"description":"The proclamation is titled as being 'under the Police Offences Amendment (Public Drunkenness) Act 2000', yet it is dated 2002. A proclamation under a 2000 Act that only commences operative effect in 2002 creates a two-year limbo period during which the parent Act was presumably on the books but not in force."},{"type":"other","section":"Status Information - Update undertaking","severity":"low","reasoning":"The word 'usually' introduces an undefined exception. If the site is not updated within 3 working days in a given instance, a person relying on the stated currency could be acting on outdated law. This is a systemic drafting absurdity in the metadata framework rather than the substantive instrument, but it undermines the reliability of the entire publication.","confidence":0.5,"description":"The metadata states legislation is 'usually updated within 3 working days after a change to the legislation', yet provides no mechanism for a reader to verify whether the version currently displayed reflects the most recent state of the law, creating an unverifiable assurance."},{"type":"impossible_compliance","section":"Document structure - headings","severity":"high","reasoning":"A proclamation that contains only repeated metadata headings and no operative text is logically incapable of achieving any legal effect. It cannot bring any provision into force, define any date of commencement, or exercise any power granted by the parent Act. A person or court seeking to understand what this proclamation actually does would find it impossible to comply with or enforce any obligation, because none is stated. The document is structurally self-defeating as a legal instrument.","confidence":0.85,"description":"Multiple headings and section titles are duplicated verbatim within the document (e.g., 'Proclamation under the Police Offences Amendment (Public Drunkenness) Act 2000' appears at least four times; 'Status Information' appears multiple times; 'Currency of version', 'Table of Amending Instruments', 'Responsible Minister and Department', and 'Authorisation' each appear twice). The document contains no operative substantive provisions whatsoever."}],"contradictions":[{"severity":"medium","section_a":"Currency of version (stated as 'current from 27 March 2002 to date')","section_b":"Authorisation ('File last modified 13 December 2024')","confidence":0.7,"description":"The version currency statement implies the instrument has been unchanged since 27 March 2002, while the file modification date of 13 December 2024 indicates a change occurred more than 22 years after the stated commencement of currency. These two statements cannot both be fully accurate without further explanation of the nature of the December 2024 modification."},{"severity":"low","section_a":"Table of Amending Instruments (hyperlink present, implying amendments exist)","section_b":"Currency of version ('current from 27 March 2002 to date', implying a single continuous version)","confidence":0.6,"description":"The presence of a dedicated 'Table of Amending Instruments' hyperlink logically implies that amending instruments exist. However, the currency statement presents the version as a single continuous block from 2002 to present, without acknowledging any breaks or amendments. If no amendments existed, a Table of Amending Instruments would be superfluous; its presence contradicts the implication of an unamended instrument."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation is a narrow, technical instrument with a single purpose: to set a commencement date for existing legislation. There is no indication of scope change from the original intent — it simply activates the Police Offences Amendment (Public Drunkenness) Act 2000 as passed."},"complexity_factors":["The proclamation itself contains minimal substantive legal content — it is purely an administrative instrument activating another Act","The underlying policy reform (decriminalisation of public drunkenness) involves some nuance around the health vs criminal justice distinction","Very limited text is available in the document, making full analysis difficult","No complex definitions, schedules, or cross-referencing provisions are present"],"plain_english_summary":"This Proclamation brings the Police Offences Amendment (Public Drunkenness) Act 2000 into force in Tasmania (effective 27 March 2002). The Act decriminalises public intoxication, shifting response from arrest and criminal records to a health-and-welfare model — affecting people who become intoxicated in public, Tasmanian police, and health/community services, and reducing harm to vulnerable groups."},"flash_summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substance or scope of the Police Offences Amendment (Public Drunkenness) Act 2000; it merely fixes the Act's commencement date (under s.2) so that its provisions take effect from 27 March 2002. No substantive provisions are added, removed or modified by this proclamation."},"complexity_factors":["Single, discrete action: fixes commencement date only (straightforward legal effect).","No substantive amendments or new regulatory text in the proclamation itself.","Legal authority expressly cited: made under section 2 of the Act (as noted in the proclamation).","Clear decision-maker named: Governor acting with the advice of the Executive Council.","Administrative formalities present but simple: Gazette notification and departmental administration (Department of Police and Public Safety)."],"plain_english_summary":"This proclamation brings the Police Offences Amendment (Public Drunkenness) Act 2000 into force in Tasmania on 27 March 2002. It was made by the Governor on the advice of the Executive Council and is administered by the Department of Police and Public Safety.\n\nMechanically, the proclamation activates the Act’s provisions relating to public drunkenness so that police and courts apply those rules from that date; it does not change the substance of the Act, it only fixes the commencement date under s.2."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a straightforward commencement instrument performing exactly the function intended: bringing the parent 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 parent Act's section 2)","No conditional logic or exceptions","Standard proclamation format — essentially a template with blanks filled in"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into effect.\n\n**What it does:**\n- Sets **27 March 2002** as the date when the *Police Offences Amendment (Public Drunkenness) Act 2000* (Tasmania) officially starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (G. S. M. Green), acting on advice from the **Executive Council** (the Premier and senior ministers).\n- Signed off by the **Minister for Police and Public Safety** (D. E. Llewellyn).\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically take effect immediately. This proclamation \"switches on\" the 2000 Act, which changed how Tasmania deals with **public drunkenness** — likely decriminalising it or changing police powers (the proclamation itself doesn't specify the policy details, only the start date).\n- Without this document, the Act would remain dormant on the statute books.\n\n**Key takeaway:** This is the legal \"go button\" that made Tasmania's public drunkenness reforms active law."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-police-offences-amendment-public-drunkenness-act-2000","history":"/api/acts/proclamation-under-the-police-offences-amendment-public-drunkenness-act-2000/history","analysis":"/api/acts/proclamation-under-the-police-offences-amendment-public-drunkenness-act-2000/analysis","conflicts":"/api/acts/proclamation-under-the-police-offences-amendment-public-drunkenness-act-2000/conflicts","importantCases":"/api/acts/proclamation-under-the-police-offences-amendment-public-drunkenness-act-2000/important-cases","documents":"/api/acts/proclamation-under-the-police-offences-amendment-public-drunkenness-act-2000/documents"}}