{"id":"tas:sr-2019-010","name":"Proclamation under the Residential Tenancy Amendment Act 2018","slug":"proclamation-under-the-residential-tenancy-amendment-act-2018","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"10 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184388,"registerId":"tas-tas:sr-2019-010-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Residential Tenancy Amendment Act 2018","content":"> Proclamation under the Residential Tenancy Amendment Act 2018\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-2018-038#GS2@EN) [Residential Tenancy Amendment Act 2018](/view/html/inforce/2026-04-12/act-2018-038) fix 31 March 2019 as the day on which that Act commences.\n\n18 March 2019\n\nC. WARNER\n\nGovernor\n\nBy Her Excellency's Command,\n\nS. COURTNEY\n\nMinister for Building and Construction\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 27 March 2019\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The scope has not changed from its original intent. This Proclamation does exactly what it was designed to do — formally commence the Residential Tenancy Amendment Act 2018 on a set date (27 March 2019). It has remained unchanged since it was first made."},"complexity_factors":["Document is purely procedural — it contains no substantive legal rules of its own","Very short and narrow in purpose: solely a commencement mechanism","The actual legal complexity sits in the parent Amendment Act, not this Proclamation","Standard form instrument with minimal interpretive ambiguity"],"plain_english_summary":"This Proclamation by the Governor of Tasmania formally brings the Residential Tenancy Amendment Act 2018 into force. It sets the Act’s commencement date as 27 March 2019, making the 2018 changes to rental law legally operative for landlords and tenants in Tasmania."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substance or scope of the Residential Tenancy Amendment Act 2018; it solely fixes the Act’s commencement date under section 2. The legal obligations and rights created by the Act begin on 31 March 2019, decided by the Governor with Executive Council advice and notified in the Gazette; no substantive policy or eligibility changes are made."},"complexity_factors":["Narrow administrative function: document only fixes a commencement date rather than changing substantive law.","Legal effect is time-bound: activates the existing Act’s provisions on a specified date (31 March 2019).","Limited discretion: Governor acts with Executive Council advice under section 2 (proclamation power), constraining decision-makers.","Low compliance burden: affected parties (landlords, tenants, agencies) must comply from the stated date; administrative notification via Gazette required.","Dependency on underlying Act: practical effects depend on the content of the Residential Tenancy Amendment Act 2018 — the proclamation does not modify those provisions.","Publication and administration steps: formal Gazette notification and Department of Justice administration create predictable procedural tasks."],"plain_english_summary":"This proclamation fixes the start date for the **Residential Tenancy Amendment Act 2018**: it brings that Act into force on 31 March 2019, under section 2. The Governor, acting with Executive Council advice, set the commencement and the Minister for Building and Construction published notice. Mechanically it does not change the Act’s content but determines when its legal obligations and rights begin, affecting landlords, tenants and administering agencies; costs of compliance fall to those parties."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"While not strictly a legislative drafting flaw, a proclamation that has never been modified over 7 years yet claims currency 'to date' is functionally suspicious. Proclamations are typically spent instruments once their operative purpose (commencing an Act) is fulfilled. A proclamation remaining 'current' for 7 years suggests either it was never spent by design or the currency metadata is misleading as to the instrument's operative status.","confidence":0.6,"description":"The legislation states it is 'current from 27 March 2019 to date' while simultaneously stating 'accessed 5 April 2026 at 17:04', yet the file was last modified 27 March 2019. This creates a logical impossibility: the instrument purports to be current and living legislation for over 7 years with zero amendments or modifications."},{"type":"impossible_compliance","section":"Entire Proclamation","severity":"high","reasoning":"A proclamation derives its entire legal utility from its operative clause. Without any operative clause specifying which provisions of the Residential Tenancy Amendment Act 2018 commence, and on what date, the instrument cannot discharge its sole legal function. Any person or tribunal attempting to rely on this proclamation to determine commencement of the 2018 Act's provisions would find it entirely useless. The instrument exists as a legal form with no legal substance.","confidence":0.72,"description":"The document contains no operative provisions whatsoever. A proclamation under an amending Act exists solely to fix a commencement date for the parent Act or provisions thereof, yet no such date, provision reference, or operative clause is present in the reproduced text. The proclamation is therefore a legal instrument that proclaims nothing."},{"type":"self_contradicting","section":"Status Information - Table of Amending Instruments","severity":"medium","reasoning":"Proclamations fixing commencement dates are spent instruments upon the arrival of the commencement date. A spent instrument cannot be meaningfully amended because its operative effect is already exhausted. The existence of a 'Table of Amending Instruments' hyperlink implies the instrument is capable of being amended, contradicting the fundamental nature of a commencement proclamation.","confidence":0.55,"description":"The instrument simultaneously directs the reader to a 'Table of Amendments' for a proclamation that, by its nature as a commencement proclamation, should be incapable of amendment. Amending a proclamation that fixes a commencement date would be legally incoherent, as the commencement date either occurred or it did not."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version (Version current from 27 March 2019 to date)","section_b":"Authorisation - File last modified 27 March 2019","confidence":0.5,"description":"The document asserts ongoing currency ('to date', accessed 5 April 2026) while the authorisation metadata confirms the file has never been modified since 27 March 2019. These two statements are in tension: if the instrument is genuinely 'current' in an operative sense, one would expect some administrative update; if it has never been modified, the claim of ongoing currency is potentially misleading as to its operative status."}]},"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 an 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 ceremonial/formulaic language only"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into effect.\n\n**What it does:**\n- The Governor of Tasmania (acting on ministerial advice) has officially declared that the *Residential Tenancy Amendment Act 2018* will start operating on **31 March 2019**.\n\n**Why this matters:**\n- Laws passed by Parliament don't automatically take effect immediately. They often need a proclamation like this to \"switch them on.\"\n- This document tells landlords, tenants, and property managers exactly when the new tenancy rules became legally binding.\n\n**Who it affects:**\n- Anyone renting residential property in Tasmania from 31 March 2019 onwards, as the amended tenancy laws began applying from that date."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2018","history":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2018/history","analysis":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2018/analysis","conflicts":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2018/conflicts","importantCases":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2018/important-cases","documents":"/api/acts/proclamation-under-the-residential-tenancy-amendment-act-2018/documents"}}