{"id":"tas:sr-2011-126","name":"Proclamation under the Residential Tenancy Amendment Act 2011","slug":"proclamation-under-the-residential-tenancy-amendment-act-2011","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"126 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314497,"registerId":"tas-tas:sr-2011-126-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 2011","content":"> Proclamation under the Residential Tenancy Amendment Act 2011\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-2011-035#GS2@EN) [Residential Tenancy Amendment Act 2011](/view/html/inforce/2026-04-12/act-2011-035) fix 1 January 2012 as the day on which the provisions of that Act commence.\n\n5 December 2011\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nNICK McKIM\n\nMinister for Corrections and Consumer Protection\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 14 December 2011\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"A commencement proclamation by definition does not change scope — it simply activates legislation already passed. There is no evidence of scope change within this document itself."},"complexity_factors":["The document is purely administrative — it contains almost no substantive legal content of its own","Its sole function is to set a commencement date for another piece of legislation","No legal definitions, exceptions, schedules, or operative provisions are present in this document","The actual complexity lies in the underlying Amendment Act, not this Proclamation"],"plain_english_summary":"This Proclamation by the Governor of Tasmania declares that the Residential Tenancy Amendment Act 2011 (or parts of it) takes effect on 14 December 2011. \n\nIt doesn’t change law itself but activates the Amendment, making any new rights, obligations or procedural changes enforceable for tenants, landlords, property managers and real estate agents from that date."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"There is a tension between claiming currency through to 2026 and admitting no file modification since 2018. While not strictly impossible, the claim of being 'current to date' implies active maintenance, which contradicts the 2018 last-modified date. This is primarily a metadata inconsistency rather than a substantive legal flaw.","confidence":0.55,"description":"The proclamation states it is 'current from 14 December 2011 to date (accessed 8 April 2026 at 1:31)' while simultaneously stating 'File last modified 4 September 2018'. If the file was last modified in 2018, it cannot logically be 'current to date' in 2026 without any intervening changes, yet the currency claim implies continuous validity through a period where no updates occurred."},{"type":"impossible_compliance","section":"Document Structure - Entire Proclamation","severity":"high","reasoning":"A proclamation that contains no operative text cannot fulfil its statutory function. Under the Tasmanian Acts Interpretation Act 1931, a proclamation is a formal instrument bringing legislation into force. Without specifying a commencement date or the provisions being commenced, the instrument is legally inert and self-defeating — it is a proclamation that proclaims nothing.","confidence":0.85,"description":"The proclamation document contains no operative provisions whatsoever. A proclamation's entire legal purpose is to bring legislation into force on a specified date, yet this document contains no commencement date, no specification of which provisions are being proclaimed, and no operative text. The document is entirely composed of metadata, status information, and navigation headers."},{"type":"other","section":"Status Information - Update Policy","severity":"low","reasoning":"The 3-working-day update commitment creates an implied representation that the version is current. The gap between 2018 and 2026 without modification is not inherently contradictory for a static proclamation instrument, but the combination of a currency claim and a stale modification date creates mild logical tension regarding what 'current' actually means.","confidence":0.4,"description":"The site states legislation is 'usually updated within 3 working days after a change to the legislation', yet the file was last modified on 4 September 2018 despite the access date being 8 April 2026. This implies either no changes have occurred in approximately 7.5 years (plausible for a simple proclamation) or the update policy has not been followed."}],"contradictions":[{"severity":"low","section_a":"Currency of version - 'current from 14 December 2011 to date (accessed 8 April 2026 at 1:31)'","section_b":"Authorisation - 'File last modified 4 September 2018'","confidence":0.5,"description":"The document simultaneously claims to be current as of 8 April 2026 and to have been last modified on 4 September 2018. If the file was modified in 2018, the 'current to date' representation in 2026 is either misleading or the modification date is inaccurate. These two statements cannot both be precisely true without explanation of what 'current' means in context."},{"severity":"high","section_a":"Document Title - 'Proclamation under the Residential Tenancy Amendment Act 2011'","section_b":"Document Body - Entire operative content","confidence":0.8,"description":"The document title identifies this as a legally operative proclamation instrument, but the entirety of the document body consists only of metadata, status information, and repeated navigation headers. A proclamation that contains no operative provisions directly contradicts its own classification as a proclamation."}]},"flash_summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"No change to the substantive scope of the Residential Tenancy Amendment Act 2011; the proclamation only fixes the date the Act's provisions commence under section 2 and does not alter the Act's content or coverage."},"complexity_factors":["Single operative effect: sets a commencement date only","Legal authority is a single cross-reference (s.2 of the Act)","No substantive amendments or technical provisions enacted in the proclamation","Includes administrative metadata (signing date, Gazette notification, administering department)","Low interpretive or implementation complexity for agencies and stakeholders"],"plain_english_summary":"This proclamation fixes *1 January 2012* as the commencement date for the provisions of the `Residential Tenancy Amendment Act 2011` in Tasmania. It makes the Act's legal changes effective on that date, affecting persons and entities subject to the Act; the proclamation was signed by the Governor on 5 December 2011, notified in the Gazette on 14 December 2011, and is administered by the Department of Justice."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a straightforward 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: fixes one commencement date","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 law into effect.\n\n**What it does:**\n- Sets **1 January 2012** as the date when the *Residential Tenancy Amendment Act 2011* (Tasmania) starts operating.\n- Without this proclamation, the Act would remain dormant — passed by Parliament but not yet legally active.\n\n**Who it affects:**\n- **Landlords and tenants in Tasmania** — the Amendment Act changed rental laws, and this proclamation made those changes legally enforceable from New Year's Day 2012.\n- **Consumer Protection officials** — responsible for administering the updated tenancy rules.\n\n**Why it matters:**\n- Proclamations like this control when laws actually bite. Parliament might pass a bill in 2011, but the government can delay its start date (often to allow preparation time for affected industries or government systems).\n- This particular proclamation was made by Tasmania's Governor on 5 December 2011, with the Minister for Corrections and Consumer Protection (Nick McKim) advising the Executive Council to pull the trigger for a 1 January 2012 start."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2011","history":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2011/history","analysis":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2011/analysis","conflicts":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2011/conflicts","importantCases":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2011/important-cases","documents":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2011/documents"}}