{"id":"tas:sr-2017-091","name":"Proclamation under the Public Health Amendment (Healthy Tasmania) Act 2017","slug":"proclamation-under-the-public-health-amendment-healthy-tasmania-act-2017","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"91 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186134,"registerId":"tas-tas:sr-2017-091-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Public Health Amendment (Healthy Tasmania) Act 2017","content":"> Proclamation under the Public Health Amendment (Healthy Tasmania) Act 2017\n\nI, the Lieutenant-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 [Public Health Amendment (Healthy Tasmania) Act 2017](/view/html/inforce/2026-04-12/act-2017-042) fix 29 November 2017 as the day on which that Act commences.\n\n20 November 2017\n\nA. M. BLOW\n\nLieutenant-Governor\n\nBy His Excellency's Command,\n\nMICHAEL DARREL JOSEPH FERGUSON\n\nMinister for Health\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 November 2017","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation by nature has a fixed and narrow purpose — to bring legislation into force on a specified date. There is no indication of scope change from its original intent. It performs exactly the administrative function for which it was made."},"complexity_factors":["The document is a Proclamation only — it contains minimal substantive legal content of its own","Its effect depends entirely on understanding the parent Act (Public Health Amendment (Healthy Tasmania) Act 2017), which is not reproduced here","Standard administrative instrument with a straightforward commencement function","No amending provisions, schedules, or complex definitions are present in this instrument itself"],"plain_english_summary":"This Proclamation formally brings the Public Health Amendment (Healthy Tasmania) Act 2017 into force, fixing its commencement as 29 November 2017. It makes the Act — part of Tasmania’s Healthy Tasmania strategy to improve population health — legally effective.\n\nIt matters to Tasmanians generally, health service providers, businesses and government agencies responsible for implementing the amended public‑health measures."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the content or scope of the Public Health Amendment (Healthy Tasmania) Act 2017; it merely sets the Act's commencement date under section 2, thereby bringing the Act's existing provisions into force on 29 November 2017."},"complexity_factors":["Single, factual action: fixes one commencement date (29 November 2017)","Made under a single statutory power (section 2) with formal executive advice","No substantive legislative content or operational detail included","Minimal compliance burden — the instrument activates pre-existing duties in the primary Act","Administrative publication formalities (Gazette, Rules Publication Act) are the only procedural elements"],"plain_english_summary":"This proclamation, made by the Lieutenant‑Governor with the advice of the Executive Council under section 2, fixes 29 November 2017 as the day the Public Health Amendment (Healthy Tasmania) Act 2017 comes into force. Mechanically it does nothing to the Act's text; it simply activates the Act's existing provisions on that date. Who is affected: individuals, businesses and public bodies in Tasmania subject to the Act. The proclamation itself creates no separate obligations or fees — it only starts the Act's legal effect (s 2)."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"medium","reasoning":"If the file was last modified on 1 November 2019, the version current from 29 November 2017 is by definition not the same instrument as it existed at commencement. The currency statement implies an unbroken, unchanged version, which is contradicted by the modification date. This creates ambiguity about which version is actually 'current'.","confidence":0.72,"description":"The proclamation states it is 'Version current from 29 November 2017 to date' while simultaneously stating 'File last modified 1 November 2019'. A proclamation that has been modified cannot simultaneously be described as continuously current from its original date without acknowledgment of the intervening amendment."},{"type":"self_contradicting","section":"Status Information - Table of Amending Instruments","severity":"low","reasoning":"If amendments exist (as implied by the Table of Amending Instruments link), then the version 'current from 29 November 2017 to date' cannot be the original unamended proclamation. The instrument does not clarify whether the 'current version' incorporates amendments or is the original text.","confidence":0.65,"description":"The instrument references a Table of Amendments suggesting amendments exist, yet the currency statement implies the version has been current and unchanged since 29 November 2017. These are logically inconsistent positions presented simultaneously."},{"type":"other","section":"Document structure - General","severity":"medium","reasoning":"Legislation must be capable of certain interpretation. A document where every provision and heading is duplicated creates ambiguity about which instance is authoritative, whether the duplication is intentional or a publication error, and whether any operative provisions (absent here but implied) would similarly be duplicated. While likely a publication/rendering error, it undermines the document's legal reliability.","confidence":0.88,"description":"Every heading and section in this proclamation is duplicated verbatim (e.g., 'Proclamation under the Public Health Amendment (Healthy Tasmania) Act 2017' appears four times, 'Status Information' appears four times, 'Currency of version' appears four times). This renders the document structurally incoherent and potentially unfit for reliable legal interpretation."},{"type":"retroactive_impossibility","section":"Status Information - Authorisation / File last modified 1 November 2019","severity":"high","reasoning":"A proclamation's primary legal function is to fix a commencement date. Once that date has passed and the Act has commenced, the proclamation has spent its operative force. Modifying the instrument in 2019 for an event that occurred in 2017 creates a logical impossibility: you cannot retroactively alter when something commenced after it has already commenced, and any such modification risks legal uncertainty about the Act's actual commencement.","confidence":0.7,"description":"A proclamation purporting to bring an Act into force on 29 November 2017 was apparently still being modified as late as 1 November 2019 - nearly two years after the proclaimed commencement date. This raises questions about what legal effect modifications to a proclamation have after the date of commencement it proclaimed has already passed."}],"contradictions":[{"severity":"medium","section_a":"Currency of version: 'Version current from 29 November 2017 to date'","section_b":"Authorisation: 'File last modified 1 November 2019'","confidence":0.75,"description":"The instrument simultaneously claims to be the version current from 29 November 2017 while disclosing it was modified on 1 November 2019. These two statements are irreconcilable without clarification of what was modified and whether the current version reflects the original proclamation or an amended one."},{"severity":"low","section_a":"Table of Amending Instruments: implies amendments exist","section_b":"Currency of version: 'Version current from 29 November 2017 to date'","confidence":0.62,"description":"The existence of a Table of Amending Instruments directly contradicts the implication in the currency statement that the instrument is unchanged since 29 November 2017. If amendments have been made, the version current 'from 29 November 2017' is a legal fiction unless the amendments are incorporated and disclosed."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard 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)","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 **29 November 2017** as the date when the *Public Health Amendment (Healthy Tasmania) Act 2017* officially starts operating.\n\n**Who made it:**\n- The **Lieutenant-Governor of Tasmania** (the Governor's deputy), acting on advice from the **Executive Council** (the Premier and senior ministers).\n- Signed by the Lieutenant-Governor and countersigned by the **Minister for Health**.\n\n**Why this matters:**\n- Laws passed by Parliament don't automatically take effect immediately. This proclamation is the legal trigger that \"switches on\" the Healthy Tasmania amendments.\n- Without this document, the Act would remain dormant even after receiving Royal Assent.\n\n**Key detail:**\n- The proclamation was made on **20 November 2017** but fixed a later date (29 November 2017) for commencement, giving a short preparation period before the law took effect."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-public-health-amendment-healthy-tasmania-act-2017","history":"/api/acts/proclamation-under-the-public-health-amendment-healthy-tasmania-act-2017/history","analysis":"/api/acts/proclamation-under-the-public-health-amendment-healthy-tasmania-act-2017/analysis","conflicts":"/api/acts/proclamation-under-the-public-health-amendment-healthy-tasmania-act-2017/conflicts","importantCases":"/api/acts/proclamation-under-the-public-health-amendment-healthy-tasmania-act-2017/important-cases","documents":"/api/acts/proclamation-under-the-public-health-amendment-healthy-tasmania-act-2017/documents"}}