{"id":"tas:sr-2017-015","name":"Proclamation under the Property Agents and Land Transactions Act 2016","slug":"proclamation-under-the-property-agents-and-land-transactions-act-2016","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"15 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185157,"registerId":"tas-tas:sr-2017-015-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Property Agents and Land Transactions Act 2016","content":"> Proclamation under the Property Agents and Land Transactions Act 2016\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-2016-058#GS2@EN) [Property Agents and Land Transactions Act 2016](/view/html/inforce/2026-04-12/act-2016-058) fix 1 April 2017 as the day on which the provisions of that Act commence.\n\n21 March 2017\n\nC. WARNER\n\nGovernor\n\nBy Her Excellency's Command,\n\nGUY BARNETT\n\nMinister for Building and Construction\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 29 March 2017\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement instrument with a single, narrow purpose: to activate the parent Act. It has not expanded beyond its original intent."},"complexity_factors":["Single operative provision (fixing a commencement date)","No defined terms","No cross-references to other legislation beyond citation of the parent Act","No conditional logic or exceptions","Standard proclamation format — essentially a template document"],"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 **1 April 2017** as the date when the *Property Agents and Land Transactions Act 2016* (Tasmania) starts operating.\n\n**Who it affects:**\n- Property agents, real estate professionals, and anyone involved in land transactions in Tasmania — their industry regulation began on this date.\n- The general public, who gained consumer protections under this Act from 1 April 2017 onwards.\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically take effect immediately. This proclamation is the \"start button\" that activates the Act.\n- Without this document, the *Property Agents and Land Transactions Act 2016* would remain dormant (a \"sleeping\" law) even after passing Parliament."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation that is 'current from 29 March 2017' should not have been substantively modified on 5 July 2017 without updating the currency date. If the modification was merely administrative (formatting), this is a transparency issue. If it was substantive, the currency date is misleading.","confidence":0.55,"description":"The instrument states it is 'current from 29 March 2017 to date' while simultaneously stating the 'File last modified 5 July 2017', meaning the instrument was modified after it was ostensibly finalised and current, yet no amendment is reflected in the version date."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"If no amendment occurred between 29 March 2017 and 5 July 2017, there is no reason for the file to have been modified on 5 July 2017. The 3-working-day update promise is rendered meaningless if unexplained modifications occur without corresponding legislative changes.","confidence":0.5,"description":"The legislation claims to be 'usually updated within 3 working days after a change' yet the file was last modified on 5 July 2017 — over three months after the stated commencement date of 29 March 2017 — with no corresponding amendment recorded in the Table of Amending Instruments, suggesting either the update obligation was not met or the modification is unexplained."},{"type":"other","section":"Document Structure - General","severity":"medium","reasoning":"A formal proclamation under Tasmanian statute must be clear and unambiguous. Wholesale duplication of operative and administrative text creates uncertainty about which instance is authoritative, and raises questions about whether the document as published represents the authentic instrument.","confidence":0.85,"description":"The proclamation document contains wholesale duplication of every heading and section, including the title, status information, currency of version, table of amending instruments, responsible minister, and authorisation sections — each appearing at least twice verbatim. This renders the instrument internally incoherent as a formal legal document."},{"type":"impossible_compliance","section":"Proclamation - Substantive Content","severity":"high","reasoning":"A proclamation with no operative content cannot be complied with, interpreted, or enforced. Citizens and agencies subject to the Property Agents and Land Transactions Act 2016 cannot determine what the proclamation actually does. If this instrument is meant to bring provisions into force, the absence of those provisions creates a fundamental legal gap.","confidence":0.9,"description":"The proclamation contains no operative provisions whatsoever. A proclamation under the Property Agents and Land Transactions Act 2016 is typically used to fix commencement dates or declare matters. The complete absence of any operative text means the instrument is a legal nullity — it proclaims nothing."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version (stated as current from 29 March 2017)","section_b":"Authorisation - File last modified 5 July 2017","confidence":0.65,"description":"The version currency date of 29 March 2017 contradicts the file modification date of 5 July 2017. If the instrument has been current and unchanged since 29 March 2017, it should not have been modified on 5 July 2017. Conversely, if it was modified on 5 July 2017, the currency date should reflect that."},{"severity":"low","section_a":"Table of Amending Instruments (implying amendments may exist via hyperlink)","section_b":"Currency of version (stating version is current from 29 March 2017 'to date' with no amendment noted)","confidence":0.45,"description":"The presence of a 'Table of Amendments' link implies the possibility of amendments, yet the version is described as continuously current from 29 March 2017 with no version change recorded. If amendments exist, the currency description is misleading. If no amendments exist, the prominence of the amendments table is contradictory to the document's own history."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation merely fixes the Act's commencement date under section 2 and does not amend, expand or narrow the Act's substantive scope or change the classes of persons the Act covers. It implements, rather than alters, the original statutory scheme."},"complexity_factors":["Single, narrow legal effect: sets a commencement date rather than creating substantive rules","References statutory authority (section 2 of the Act) requiring cross-check to confirm power","Formal executive actors involved (Governor, Executive Council, Minister) and publication steps","Administrative detail only (date, signatories, administering department) with no operational directives","Low discretion and no layered procedural requirements within the proclamation itself"],"plain_english_summary":"This proclamation fixes 1 April 2017 as the day the Property Agents and Land Transactions Act 2016 comes into force. From that date the Act’s legal obligations and regulatory framework apply to property agents, participants in land transactions and the regulator; the Department of Justice administers the proclamation. The Governor, acting with the Executive Council, exercised the commencement power in section 2; the Minister for Building and Construction signed and the notice was published in the Gazette on 29 March 2017."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A commencement proclamation has a very narrow, defined purpose — to bring legislation into force. There is no indication of scope change from that original intent. It does exactly what such proclamations are designed to do."},"complexity_factors":["The document itself is procedurally simple — it is a commencement proclamation, not substantive legislation","Complexity is low because it contains minimal operative text; its main function is to set a start date","The underlying Act (Property Agents and Land Transactions Act 2016) is the complex instrument — this proclamation merely activates it","Repeated formatting artifacts in the source document make it harder to parse, but the legal content itself is straightforward"],"plain_english_summary":"This Proclamation under the Property Agents and Land Transactions Act 2016 formally brought that Act (or specified parts) into force on 29 March 2017. It affects anyone buying, selling or renting property in Tasmania and the professionals who serve them — real estate agents, property managers and conveyancers — by making the Act’s regulatory and licensing rules legally effective from that date."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-property-agents-and-land-transactions-act-2016","history":"/api/acts/proclamation-under-the-property-agents-and-land-transactions-act-2016/history","analysis":"/api/acts/proclamation-under-the-property-agents-and-land-transactions-act-2016/analysis","conflicts":"/api/acts/proclamation-under-the-property-agents-and-land-transactions-act-2016/conflicts","importantCases":"/api/acts/proclamation-under-the-property-agents-and-land-transactions-act-2016/important-cases","documents":"/api/acts/proclamation-under-the-property-agents-and-land-transactions-act-2016/documents"}}