{"id":"tas:sr-2024-025","name":"Proclamation under the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023","slug":"proclamation-under-the-residential-building-miscellaneous-consumer-protection-amendments-act-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"25 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177029,"registerId":"tas-tas:sr-2024-025-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023","content":"> Proclamation under the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023\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 [Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023](/view/html/inforce/2026-04-12/act-2023-009) fix 1 July 2024 as the day on which Parts 1, 6 and 7 of that Act commence.\n\n20 June 2024\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nM. OGILVIE\n\nMinister for Small Business and Consumer Affairs\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 26 June 2024\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the content or coverage of the Act; it only sets the date on which Parts 1, 6 and 7 come into force under section 2. Any change in legal rights, duties or obligations depends on the text of those Parts in the parent Act, not on this proclamation."},"complexity_factors":["Narrow, single-purpose instrument (fixes commencement date only) which reduces intrinsic complexity.","Relies on cross-reference to the parent Act for substantive effect — reader must consult that Act to know detailed obligations and rights.","Formal legal steps and signatories (Governor, Executive Council, Minister) add procedural formality but no substantive discretion in this text.","Administrative publication and custody lines noted (Gazette notification; Department of Justice administration) — minor procedural details to track.","Multiple Parts commenced simultaneously (Parts 1, 6 and 7) — small coordination requirement for affected parties."],"plain_english_summary":"Fixes 1 July 2024 as the commencement date for Parts 1, 6 and 7 of the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023. Made by the Governor on the advice of the Executive Council under section 2, the proclamation brings those Parts into force from that date. It affects parties subject to those Parts (for example residential builders and consumers), who will bear any compliance obligations and acquire any rights created by those provisions; the Department of Justice will administer it."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument performing exactly the function intended — bringing specified parts of an Act into force on a fixed date. It has not expanded beyond its original purpose."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms within the proclamation itself","No conditional logic or exceptions","No cross-references to other legislation (except citation of the parent Act and Rules Publication Act 1953 for administrative purposes)","Standard proclamation format — essentially a template document with blanks filled in"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings specific parts of a new law into force.\n\n**What it does:**\n- The *Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023* was passed by Tasmania's Parliament, but not all of it started immediately.\n- This proclamation, signed by the Governor of Tasmania on 20 June 2024, **activates Parts 1, 6 and 7 of that Act on 1 July 2024**.\n\n**What this means:**\n- **Part 1** typically contains preliminary matters like definitions and the Act's purpose.\n- **Parts 6 and 7** likely contain specific consumer protection rules for residential building work (the exact details would be in those sections of the parent Act).\n\n**Who it affects:**\n- Builders and contractors doing residential building work in Tasmania.\n- Homeowners and consumers hiring builders.\n- Anyone involved in disputes or contracts covered by these new provisions.\n\n**Why it matters:**\nWithout this proclamation, those parts of the law would remain inactive. This document officially \"switches on\" those consumer protections, giving people legal rights and obligations from 1 July 2024 onwards."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation is a narrow administrative instrument with a single purpose: bringing a law into force on a specified date. There is no indication of scope change — it performs exactly the function intended, activating the 2023 Act from 26 June 2024."},"complexity_factors":["The proclamation itself contains minimal substantive content — it is a short commencement instrument only","Complexity is largely deferred to the parent Act, which is not reproduced here","No technical legal language or multi-layered provisions are present in the proclamation itself","The document appears to have significant formatting/rendering duplication, making it harder to parse, though the legal content remains simple"],"plain_english_summary":"This proclamation sets 26 June 2024 as the commencement date for provisions of the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023 in Tasmania.  \n\nIt means the Act’s enhanced consumer protections for people involved in residential building work—homeowners, buyers, builders and contractors—became legally enforceable from that date."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"While not strictly a legal flaw in the instrument itself, the system-generated metadata presents an access date of 5 April 2026 as a present-tense fact ('accessed... at 13:25'), which is either a system error or suggests the legislation database is presenting fabricated timestamps. This undermines the reliability of the currency representation.","confidence":0.55,"description":"The document states it was accessed on 5 April 2026, but the file was last modified on 26 June 2024. The access date of 5 April 2026 appears to be a future date relative to any reasonable drafting context, yet is presented as a current access timestamp, raising questions about the temporal validity of the 'current' designation."},{"type":"other","section":"Currency of version statement","severity":"low","reasoning":"A proclamation under an amending Act is a fixed, executory instrument. It has no ongoing operative provisions to amend or update. The boilerplate 'updated within 3 working days' disclaimer is logically inapplicable to this instrument type, creating a minor but genuine absurdity in its application here.","confidence":0.65,"description":"The instrument states legislation is 'usually updated within 3 working days after a change to the legislation,' yet the proclamation itself — a one-time commencement instrument — cannot logically be 'updated' in any meaningful substantive sense. A proclamation fixes a commencement date; once made, it is spent. Promising update timeliness for a document with no amendable operative content is meaningless."},{"type":"impossible_compliance","section":"Entire document structure","severity":"high","reasoning":"A proclamation under an Act must, at minimum, contain an operative clause specifying which provisions commence and on what date. This document contains no such clause. Persons seeking to determine whether provisions of the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023 are in force cannot do so from this instrument. The instrument purports to be a proclamation but performs no proclamatory function, rendering it legally vacuous and impossible to comply with or rely upon.","confidence":0.85,"description":"The document is almost entirely composed of duplicated headings and metadata — the title appears at least four times, section headers are repeated verbatim multiple times, and no operative proclamation text (i.e., the actual commencement date being proclaimed) is present anywhere in the document. A proclamation without an operative clause proclaiming anything is a legal nullity on its face."}],"contradictions":[{"severity":"low","section_a":"Status Information - 'Version current from 26 June 2024 to date'","section_b":"Authorisation - 'File last modified 26 June 2024'","confidence":0.5,"description":"The instrument claims to be 'current to date' (i.e., 5 April 2026 per the access timestamp) while simultaneously stating the file was last modified on 26 June 2024. If no amendments have occurred in nearly two years for a consumer protection amending proclamation, this is plausible but the Table of Amending Instruments link implies amendments may exist, creating an internal tension about whether the version displayed is truly current."},{"severity":"low","section_a":"Table of Amending Instruments - '(click to view Table of Amendments)'","section_b":"Authorisation - 'File last modified 26 June 2024'","confidence":0.6,"description":"The presence of a Table of Amending Instruments — implying the instrument has been amended — contradicts the single modification date of 26 June 2024 and the absence of any operative content that could logically be amended. A proclamation fixing a commencement date is not a vehicle for ongoing amendment; providing an amendments table for such an instrument is internally contradictory."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-residential-building-miscellaneous-consumer-protection-amendments-act-2023","history":"/api/acts/proclamation-under-the-residential-building-miscellaneous-consumer-protection-amendments-act-2023/history","analysis":"/api/acts/proclamation-under-the-residential-building-miscellaneous-consumer-protection-amendments-act-2023/analysis","conflicts":"/api/acts/proclamation-under-the-residential-building-miscellaneous-consumer-protection-amendments-act-2023/conflicts","importantCases":"/api/acts/proclamation-under-the-residential-building-miscellaneous-consumer-protection-amendments-act-2023/important-cases","documents":"/api/acts/proclamation-under-the-residential-building-miscellaneous-consumer-protection-amendments-act-2023/documents"}}