{"id":"tas:sr-1998-005","name":"Proclamation under the Public Health Act 1997","slug":"proclamation-under-the-public-health-act-1997","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"5 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":319084,"registerId":"tas-tas:sr-1998-005-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Public Health Act 1997","content":"> Proclamation under the Public Health Act 1997\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-1997-086#GS2@EN) [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086)  –\n\n> > (a) fix 1 February 1998 as the day on which that Act commences; and\n> \n> > (b) declare that this proclamation takes effect on the day on which its making is notified in the *Gazette*.\n\n22 January 1998\n\nG. S. M. GREEN\n\nGovernor\n\nBy His Excellency's Command,\n\nPETER McKAY\n\nMinister for Community and Health Services\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 28 January 1998\n\nThis proclamation is administered in the Department of Community and Health Services.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient operative text is available to determine whether the scope of this Proclamation changed from its original intent. The metadata shows it has been amended at least once, but without the amendment details or the original operative clauses, no meaningful assessment of scope drift can be made."},"complexity_factors":["The instrument itself is a Proclamation — a relatively simple legal form compared to primary legislation or complex regulations","It operates under an established parent Act (Public Health Act 1997), so its scope is constrained and defined elsewhere","The operative content of the Proclamation is absent from the provided text, preventing deeper analysis","It has been in force since 1998 with minimal amendment history visible, suggesting stability and limited complexity over time"],"plain_english_summary":"This Proclamation, issued by the Governor under Tasmania’s Public Health Act 1997, is a formal instrument used to bring parts of that Act into force or to designate dates/areas/substances for public-health purposes. It has been in force since 28 January 1998 and affects Tasmanians broadly by enabling disease-control and environmental-health powers. The actual operative text is not provided here, so its specific effects cannot be determined."},"flash_summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"This proclamation does not change the substantive scope or content of the Public Health Act 1997; it simply brings the Act into force under the power referenced (section 2 of the Public Health Act 1997) and specifies the timing and Gazette-notification condition."},"complexity_factors":["Single, discrete operative action: fixes a commencement date (1 February 1998).","Conditional effect tied to publication: takes effect on Gazette notification.","Made by Governor with Executive Council advice — a formal executive procedural step.","No substantive amendments, regulatory detail or ongoing obligations created by the proclamation itself.","Administrative note naming the responsible department (Department of Community and Health Services)."],"plain_english_summary":"This proclamation brings the Public Health Act 1997 into force by fixing its commencement day as 1 February 1998 and stating the proclamation takes effect when notified in the Gazette. It was made by the Governor on the advice of the Executive Council and is administered by the Department of Community and Health Services, so the Act’s duties, powers and compliance obligations begin to operate from that date."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A file modification date of 2021 is inconsistent with a claim of no substantive change since 1998, but the Table of Amendments is not reproduced here to resolve this. This is a metadata inconsistency rather than a legislative flaw, but it undermines the reliability of the currency statement.","confidence":0.55,"description":"The proclamation states it has been 'current from 28 January 1998 to date' with no amendments reflected in substance, yet the file was last modified 16 April 2021, creating an unresolved temporal ambiguity about what changed."},{"type":"impossible_compliance","section":"Proclamation - Substantive content","severity":"high","reasoning":"A proclamation is an instrument by which the Executive brings legislation or provisions into operation or makes formal declarations. A proclamation that declares nothing is self-defeating: it satisfies none of the conditions required for it to function as a valid proclamation under the Public Health Act 1997 (Tas). Any obligation or right purportedly created by this instrument is unidentifiable, making compliance literally impossible.","confidence":0.72,"description":"The document purports to be a legally operative Proclamation under the Public Health Act 1997, yet contains no operative provisions whatsoever — no commencement date proclaimed, no provisions brought into force, no subject matter identified. A proclamation with no substantive content is a legal nullity that cannot fulfil its own statutory purpose."},{"type":"other","section":"Status Information - Update policy","severity":"low","reasoning":"The word 'usually' is legally non-committal. A user relying on this statement to confirm currency of law could be misled. While not strictly a legislative contradiction, it is a logical flaw in the instrument's own reliability representation.","confidence":0.6,"description":"The site states legislation is 'usually updated within 3 working days after a change', yet the file modification date (16 April 2021) and the access date (8 April 2026) are nearly 5 years apart with no explanation of whether updates occurred. The qualifier 'usually' creates no enforceable standard, rendering the currency guarantee practically meaningless."}],"contradictions":[{"severity":"medium","section_a":"Status Information - Currency of version (stating 'current from 28 January 1998 to date')","section_b":"Authorisation - File last modified 16 April 2021","confidence":0.65,"description":"The currency statement implies the instrument has remained unchanged since 28 January 1998, while the file modification date of 16 April 2021 indicates an alteration was made approximately 23 years later. These two representations are mutually inconsistent: either the instrument changed (contradicting the implied stability of the currency statement) or the file was modified for non-substantive reasons with no disclosure to the reader."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which by its nature has a single, narrow purpose: to activate a previously passed Act. It has not expanded beyond this original intent."},"complexity_factors":["Extremely short document (under 200 words)","No defined terms section","No cross-references to other legislation beyond citation of the parent Act","Simple, single-purpose operation: fixing a commencement date","No conditional logic, exceptions, or procedural requirements","Standard, formulaic proclamation language following established constitutional convention"],"plain_english_summary":"**What this is:** A short, formal announcement (called a \"proclamation\") made by the Governor of Tasmania in January 1998.\n\n**What it does:**\n- **Sets the start date** for Tasmania's *Public Health Act 1997* — the law officially begins on **1 February 1998**\n- **Sets its own effective date** — this proclamation itself takes effect when published in the official government newspaper (*Gazette*), which happened on 28 January 1998\n\n**Who it affects:**\n- Tasmanian government officials who must now enforce the new Public Health Act from 1 February 1998 onwards\n- Health professionals, businesses, and the public in Tasmania, who become subject to the new public health laws from that date\n\n**Why it matters:**\nLaws passed by Parliament don't automatically come into force immediately. This proclamation is the legal trigger that \"switches on\" the Public Health Act 1997, giving everyone certainty about when the new rules apply. Without this step, the Act would remain dormant on the statute books."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-public-health-act-1997","history":"/api/acts/proclamation-under-the-public-health-act-1997/history","analysis":"/api/acts/proclamation-under-the-public-health-act-1997/analysis","conflicts":"/api/acts/proclamation-under-the-public-health-act-1997/conflicts","importantCases":"/api/acts/proclamation-under-the-public-health-act-1997/important-cases","documents":"/api/acts/proclamation-under-the-public-health-act-1997/documents"}}