{"id":"tas:sr-2013-117","name":"Proclamation under the Powers of Attorney Amendment Act 2013","slug":"proclamation-under-the-powers-of-attorney-amendment-act-2013","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"117 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187690,"registerId":"tas-tas:sr-2013-117-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Powers of Attorney Amendment Act 2013","content":"> Proclamation under the Powers of Attorney Amendment Act 2013\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-2013-039#GS2@EN) [Powers of Attorney Amendment Act 2013](/view/html/inforce/2026-04-12/act-2013-039) fix 1 February 2014 as the day on which the provisions of that Act commence.\n\n16 December 2013\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nBRYAN GREEN\n\nMinister for Primary Industries and Water\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 25 December 2013\n\nThis proclamation is administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the content or scope of the Powers of Attorney Amendment Act 2013; it only fixes the Act’s commencement date under s 2. It makes the Act operative from 1 February 2014 and assigns administrative and publication formality (Governor/Minister signature, Gazette notification, departmental administration) but does not alter substantive provisions."},"complexity_factors":["Simple legal form: a commencement proclamation fixing a single date (1 February 2014) — low interpretive complexity.","Legal authority invoked: made under section 2 of the Powers of Attorney Amendment Act 2013 (explicit statutory power).","Formalities present: signed by the Governor and Minister, notified in the Gazette (formal publication and authentication steps).","Administrative detail: administration assigned to the Department of Primary Industries, Parks, Water and Environment (identifies responsible agency).","Practical effect: starts compliance obligations and rights for affected persons and bodies on the fixed date — produces temporal enforcement and compliance costs.","No substantive amendment: the proclamation does not amend the Act’s content, only its commencement, reducing legal complexity."],"plain_english_summary":"This proclamation, made under s 2 of the *Powers of Attorney Amendment Act 2013*, fixes 1 February 2014 as the date when that Act’s provisions begin to operate. From that date the legal obligations and rights created by the Act take effect for persons and organisations to whom the Act applies. The document is signed by the Governor and Minister, notified in the Gazette and administered by the Department of Primary Industries, Parks, Water and Environment."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"A proclamation of this type has a single, fixed purpose — to commence the parent Act. There is no scope to expand or contract from its original intent."},"complexity_factors":["The document is a simple commencement proclamation with no substantive legal content of its own","Its sole purpose is to set an operative date for another piece of legislation","No technical definitions, provisions, or obligations are created by this document itself","The actual legal changes are contained in the Powers of Attorney Amendment Act 2013, which is not reproduced here"],"plain_english_summary":"This Proclamation is the formal notice that the Powers of Attorney Amendment Act 2013 in Tasmania came into operation on 25 December 2013. \n\nIt affects anyone who uses a Power of Attorney in Tasmania—people planning for incapacity, the elderly, or those with disabilities—because it is the instrument that activated the Act’s changes to how Powers of Attorney operate."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"The currency guarantee of 3 working days is undermined by the file modification date of 5 July 2017 sitting alongside a version described as current to 2026. Either the legislation has genuinely not changed in ~9 years (plausible for a commencement proclamation) or the update assurance is meaningless in practice. For a simple proclamation this is low severity but highlights a metadata inconsistency.","confidence":0.6,"description":"The proclamation states legislation is 'usually updated within 3 working days after a change to the legislation', yet the file was last modified 5 July 2017 despite being described as current to 5 April 2026. This creates a near-decade gap between the last modification and the current access date, directly contradicting the 3-working-day update assurance."},{"type":"impossible_compliance","section":"Document Structure - Entire instrument","severity":"high","reasoning":"A proclamation that contains no proclamation cannot serve its legal function of bringing the Powers of Attorney Amendment Act 2013 into force. Persons seeking to determine when the Act commenced cannot do so from this instrument as reproduced. While the missing content may be a reproduction error rather than a drafting flaw, as presented the instrument is legally vacuous.","confidence":0.85,"description":"The substantive operative content of the proclamation is entirely absent. A proclamation under an amending Act exists solely to fix a commencement date, yet no commencement date, no operative clause, and no Governor's declaration appear anywhere in the reproduced text. The instrument is effectively a null legal instrument as presented."},{"type":"other","section":"Document Structure - Headings and metadata blocks","severity":"low","reasoning":"While likely a rendering or scraping artefact rather than a legislative drafting flaw, the duplication means it is impossible to determine whether any meaningful distinctions were intended between repeated sections. A published legislative instrument should be unambiguous in structure.","confidence":0.9,"description":"Every heading and metadata section is duplicated verbatim, multiple times, with no additional content between repetitions (e.g. 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). This creates a document that is structurally incoherent and internally redundant."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version ('Version current from 25 December 2013 to date')","section_b":"Status Information - Authorisation ('File last modified 5 July 2017')","confidence":0.65,"description":"The instrument is asserted to be current 'to date' (accessed 5 April 2026), implying ongoing maintenance, but the file was last modified 5 July 2017. If the file has not been touched since 2017, the claim of currency through 2026 is either unfounded or the modification date is itself inaccurate."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument. It has no substantive scope beyond its original purpose of activating the parent Act."},"complexity_factors":["Single operative provision: fixes one date (1 February 2014)","No defined terms","No cross-references to substantive law (only cites the empowering section)","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- The Governor of Tasmania (acting on ministerial advice) has officially declared that the *Powers of Attorney Amendment Act 2013* will start operating on **1 February 2014**.\n\n**Why this matters:**\n- Laws passed by Parliament don't automatically take effect immediately. Someone with authority (usually the Governor or Governor-General) must formally \"proclaim\" a start date. This document does exactly that.\n- Until this proclamation was made, the amendments sat in limbo — passed but not active.\n\n**Who it affects:**\n- Anyone in Tasmania who uses or deals with powers of attorney (legal documents where one person appoints another to make decisions on their behalf). The amendments change how these documents work, but this proclamation itself doesn't contain those rules — it just switches them on."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-powers-of-attorney-amendment-act-2013","history":"/api/acts/proclamation-under-the-powers-of-attorney-amendment-act-2013/history","analysis":"/api/acts/proclamation-under-the-powers-of-attorney-amendment-act-2013/analysis","conflicts":"/api/acts/proclamation-under-the-powers-of-attorney-amendment-act-2013/conflicts","importantCases":"/api/acts/proclamation-under-the-powers-of-attorney-amendment-act-2013/important-cases","documents":"/api/acts/proclamation-under-the-powers-of-attorney-amendment-act-2013/documents"}}