{"id":"tas:sr-2009-097","name":"Proclamation under the Police Powers (Controlled Operations) Act 2006","slug":"proclamation-under-the-police-powers-controlled-operations-act-2006","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"97 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315480,"registerId":"tas-tas:sr-2009-097-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Police Powers (Controlled Operations) Act 2006","content":"> Proclamation under the Police Powers (Controlled Operations) Act 2006\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-2006-021#GS2@EN) [Police Powers (Controlled Operations) Act 2006](/view/html/inforce/2026-04-12/act-2006-021) fix 1 September 2009 as the day on which that Act commences.\n\n10 August 2009\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nLARA GIDDINGS\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 19 August 2009\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation is a narrow, technical instrument with a single purpose — to commence or activate legislation. There is no indication of scope change from the original intent of the Police Powers (Controlled Operations) Act 2006. This document simply brings the Act into legal force on a specified date."},"complexity_factors":["The document itself is a short administrative proclamation with minimal substantive content","Understanding its significance requires awareness of how Australian commencement instruments work","The underlying Act (controlled operations law) has moderate complexity, but that complexity is not present in this document","Repetition of headings in the source text suggests a formatting issue rather than legal complexity"],"plain_english_summary":"This Proclamation formally brings the Police Powers (Controlled Operations) Act 2006 into force in Tasmania (commencing 19 August 2009). The Act authorises Tasmania Police to carry out undercover \"controlled operations\" that may involve conduct otherwise criminal, giving legal protection to officers and enabling structured covert investigations into serious and organised crime. It primarily affects police operations, targeted suspects, and public safety."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation only brings the Police Powers (Controlled Operations) Act 2006 into force on 1 September 2009. It does not modify the Act’s provisions or expand/restrict its substantive scope; it implements the Act rather than changing it (text)."},"complexity_factors":["Single, administrative act: a proclamation fixing a commencement date (text).","Limited legal content: no substantive amendments to the Act, only commencement (text).","Clear decision-maker: Governor acting with Executive Council under s2 (text).","Minimal discretion: fixed date specified, no conditions or contingent triggers (text).","Administrative notifications: Gazette publication and Department of Justice administration noted (text)."],"plain_english_summary":"This proclamation fixes 1 September 2009 as the day the Police Powers (Controlled Operations) Act 2006 begins to operate in Tasmania. It therefore authorises the exercise of the Act’s powers and obligations from that date.\n\nIt affects Tasmania Police and any persons covered by controlled operations. The commencement date was set by the Governor acting with the Executive Council (under s2). Implementation costs and operational burdens fall to the State and police; the proclamation does not alter the Act’s substance."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"This is a metadata inconsistency rather than a substantive legal flaw. If the file was last modified in 2017, any claim of currency beyond that date is technically unsupported by the modification record. A proclamation accessed in 2026 that was last modified in 2017 creates ambiguity about whether the 'current' status is actively maintained or merely inherited by default.","confidence":0.6,"description":"The version is stated to be 'current from 19 August 2009 to date (accessed 8 April 2026 at 1:49)' while the file was 'last modified 5 July 2017'. This means the legislation purports to be current and unmodified for nearly 9 years after its last recorded modification, yet simultaneously claims currency up to April 2026."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The document as provided contains only metadata, status information, and structural headings with no operative proclamation text. The promise of timely updates presupposes there is substantive content to update. The absence of any operative clauses makes the update undertaking logically hollow in context.","confidence":0.55,"description":"The legislative text states 'Legislation on this site is usually updated within 3 working days after a change to the legislation,' yet no substantive content of the Proclamation itself is reproduced. A proclamation with no operative provisions cannot logically be 'updated' in any meaningful sense, rendering the update commitment vacuous."},{"type":"other","section":"Document Structure - All headings","severity":"medium","reasoning":"While likely a rendering or conversion artefact rather than a deliberate legislative choice, a formally published legislative instrument with duplicated headings creates genuine ambiguity about which instance is authoritative. Under strict statutory interpretation principles, the repetition could be construed as creating two parallel operative frameworks, each equally valid, with no mechanism to resolve precedence between them.","confidence":0.75,"description":"Every heading and section in this document is duplicated verbatim (e.g., 'Proclamation under the Police Powers (Controlled Operations) Act 2006' appears four times; 'Status Information' appears four times; 'Currency of version' appears four times). This wholesale duplication suggests the document is self-referentially malformed."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version ('current from 19 August 2009 to date')","section_b":"Authorisation ('File last modified 5 July 2017')","confidence":0.65,"description":"The document claims currency 'to date' (i.e., through 8 April 2026) implying ongoing active maintenance, but the authorisation metadata records the last actual modification as 5 July 2017 — nearly 9 years prior to the access date. These two statements are in direct tension: either the document has been actively kept current (in which case the modification date should be more recent) or it has not been touched since 2017 (in which case the 'current to date' representation may be misleading)."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement instrument performing exactly its intended function — bringing an 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 beyond citation","No conditional logic or exceptions","Standard proclamation format with ceremonial language only"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into force.\n\n**What it does:**\n- Sets **1 September 2009** as the date when the *Police Powers (Controlled Operations) Act 2006* (Tasmania) officially starts operating.\n\n**Who it affects:**\n- Tasmanian police and justice agencies, who gain new legal powers from that date.\n- Anyone subject to \"controlled operations\" (undercover police activities) from 1 September 2009 onwards.\n\n**Why it matters:**\n- Laws don't automatically start when Parliament passes them. This proclamation \"switches on\" the Act, giving everyone certainty about when the new police powers apply.\n- Without this document, the 2006 Act would remain dormant — passed but not usable."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-police-powers-controlled-operations-act-2006","history":"/api/acts/proclamation-under-the-police-powers-controlled-operations-act-2006/history","analysis":"/api/acts/proclamation-under-the-police-powers-controlled-operations-act-2006/analysis","conflicts":"/api/acts/proclamation-under-the-police-powers-controlled-operations-act-2006/conflicts","importantCases":"/api/acts/proclamation-under-the-police-powers-controlled-operations-act-2006/important-cases","documents":"/api/acts/proclamation-under-the-police-powers-controlled-operations-act-2006/documents"}}