{"id":"tas:sr-2004-001","name":"Proclamation under the Residential Tenancy Amendment Act 2003","slug":"proclamation-under-the-residential-tenancy-amendment-act-2003","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"1 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318156,"registerId":"tas-tas:sr-2004-001-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Residential Tenancy Amendment Act 2003","content":"> Proclamation under the Residential Tenancy Amendment Act 2003\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-2003-067#GS2@EN) [Residential Tenancy Amendment Act 2003](/view/html/inforce/2026-04-12/act-2003-067) fix 1 February 2004 as the day on which section 6 of that Act commences.\n\n30 January 2004\n\nRichard Butler\n\nGovernor\n\nBy His Excellency's Command,\n\nJudy Jackson\n\nMinister for Justice and Industrial Relation\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 31 January 2004\n\nThis proclamation is administered in the Department of Justice and Industrial Relations.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope of the Residential Tenancy Amendment Act 2003; it only sets the commencement date for section 6. It neither alters the text of the Act nor adds exceptions or transitional arrangements—consequences flow from the content of section 6 once in force."},"complexity_factors":["Single operative action: fixes a commencement date for one section (section 6) rather than making substantive law changes.","Relies on delegated commencement power in the Amendment Act (references section 2 of the Act).","No transitional, savings or amendment provisions included—temporal effect only.","Formal executive step required: Governor acting with advice of the Executive Council (governance/formality factor).","Administratively simple but legally linked to the substantive content of section 6—full impact requires consulting the parent Act.","Notified in Gazette and administered by a specific department (administrative traceability, limited compliance channels)."],"plain_english_summary":"This proclamation sets 1 February 2004 as the day on which section 6 of the Residential Tenancy Amendment Act 2003 comes into force in Tasmania. It therefore brings the legal change contained in that single section into effect, affecting landlords, tenants and government officials who enforce or rely on tenancy law. The Governor fixed the date on the advice of the Executive Council, and the Department of Justice and Industrial Relations administers the proclamation."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"The scope has not changed from its original intent. A proclamation of this type has a single, narrow purpose — to commence the parent Act — and it fulfils exactly that function. There is no evidence of scope creep or deviation from that administrative role."},"complexity_factors":["The document is a commencement proclamation only — it contains no substantive legal provisions of its own","Its sole function is to declare a start date for another piece of legislation","No technical definitions, obligations, penalties, or conditions are present","The actual content visible in the document is largely metadata and formatting repeated multiple times"],"plain_english_summary":"This Proclamation officially brings the Residential Tenancy Amendment Act 2003 into force in Tasmania from 31 January 2004. It doesn’t change the law itself but sets the commencement date, so from that day the amended rules apply to tenants, landlords and property managers and any residential tenancy agreements in effect."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The instrument purports to be a living, current document accessed in 2026, but the authorisation metadata shows no modification since 2018. This is not strictly a legislative absurdity but undermines the reliability assurance given by the currency statement.","confidence":0.65,"description":"The version is stated to be 'current from 31 January 2004 to date (accessed 8 April 2026 at 2:51)' yet the file was last modified on 4 September 2018. This creates a logical inconsistency: if the legislation is 'usually updated within 3 working days after a change,' but no change has been recorded since 2018, the currency statement implies the document is live and current as of 2026 without any substantive update for nearly 8 years."},{"type":"other","section":"Proclamation under the Residential Tenancy Amendment Act 2003","severity":"medium","reasoning":"Commencement proclamations are historically understood as spent instruments once the commencement date passes. Maintaining an amendment table for such an instrument suggests either the proclamation contains substantive provisions beyond mere commencement (which are not reproduced here, preventing verification) or the amendment table is an administrative artefact with no legal content, creating a misleading impression of legislative complexity.","confidence":0.55,"description":"A Proclamation that brings an Amendment Act into force is itself subject to a Table of Amending Instruments. It is logically peculiar for a commencement proclamation — a one-time operative instrument — to itself require amendment. A proclamation fixes a commencement date; once operative, there is nothing to amend, rendering any amending instruments conceptually void of purpose."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A currency assurance qualified by 'usually' is not a legal guarantee. Users relying on the stated current version may be acting on outdated law during any undefined delay period. While this is a metadata disclaimer rather than a legislative provision, it is self-undermining.","confidence":0.7,"description":"The document states legislation is 'usually updated within 3 working days after a change.' The qualifier 'usually' introduces an undefined exception with no legal standard, meaning the stated currency of the version ('current from 31 January 2004 to date') cannot be legally relied upon, as the administrator reserves an unspecified right to delay updates without consequence."}],"contradictions":[{"severity":"medium","section_a":"Status Information - Currency of version ('current from 31 January 2004 to date (accessed 8 April 2026)')","section_b":"Authorisation ('File last modified 4 September 2018')","confidence":0.75,"description":"The currency statement claims the document is continuously current up to the access date of 8 April 2026, implying ongoing maintenance. However, the authorisation metadata records the last file modification as 4 September 2018 — nearly 7.5 years before the stated access date. These two statements are in direct tension: a document that has not been modified since 2018 cannot simultaneously be reliably 'current to date' in 2026 under a regime that relies on active updates."},{"severity":"medium","section_a":"Table of Amending Instruments (implies ongoing or past amendments to the Proclamation)","section_b":"Authorisation ('File last modified 4 September 2018')","confidence":0.6,"description":"The existence of a Table of Amending Instruments implies the proclamation has been or could be amended. Yet the file has not been modified since 2018. If amendments exist and are recorded in the table, they should be reflected in a file modification date more recent than 2018, particularly under a system that promises updates within 3 working days of a change. The absence of updates after 2018 either means no amendments exist (making the table an empty formality) or amendments have not been incorporated (contradicting the currency assurance)."}]},"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 a specific section into force on a nominated date. No scope creep."},"complexity_factors":["Single operative provision: fixes one commencement date for one section","No defined terms","No cross-references to other legislation (except citation of 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 specific part of a law into effect.\n\n**What it does:**\n- The Tasmanian Governor (acting on ministerial advice) has declared that **section 6 of the Residential Tenancy Amendment Act 2003** will start operating on **1 February 2004**.\n\n**Why this matters:**\n- Laws often pass through Parliament in one piece but start at different times. A proclamation like this is the \"on switch\" for a particular section.\n- Without this proclamation, section 6 would remain inactive — even though Parliament had already passed the Act.\n\n**Who it affects:**\n- Landlords and tenants in Tasmania, once section 6 takes effect. The proclamation itself doesn't change any rights or obligations — it simply activates the relevant amendment so it can apply to tenancies from that date onward."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2003","history":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2003/history","analysis":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2003/analysis","conflicts":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2003/conflicts","importantCases":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2003/important-cases","documents":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2003/documents"}}