{"id":"tas:sr-2004-070","name":"Proclamation under the Residential Tenancy Amendment (Boarding Premises) Act 2003","slug":"proclamation-under-the-residential-tenancy-amendment-boarding-premises-act-2003","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"70 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318144,"registerId":"tas-tas:sr-2004-070-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 (Boarding Premises) Act 2003","content":"> Proclamation under the Residential Tenancy Amendment (Boarding Premises) Act 2003\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 [Residential Tenancy Amendment (Boarding Premises) Act 2003](/view/html/inforce/2026-04-12/act-2003-049) fix 25 August 2004 as the day on which that Act commences.\n\n23 August 2004\n\nW. J. E. COX\n\nLieutenant-Governor\n\nBy His Excellency's Command,\n\nSTEVEN KONS\n\nMinister for Primary Industries and Water acting for and on behalf of the Minister for Justice and Industrial Relations\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 25 August 2004\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Version Information Header","severity":"low","reasoning":"The claim of currency 'to date' implies ongoing relevance and potential amendment, yet the file modification date of 2017 suggests no substantive change has occurred. This is a minor internal tension rather than a strict logical impossibility, but it raises questions about what 'current' meaningfully denotes.","confidence":0.45,"description":"The document states it is 'Version current from 25 August 2004 to date (accessed 8 April 2026 at 2:50)' while also stating 'File last modified 5 July 2017'. A proclamation that has not been modified since 2017 cannot logically be described as current 'to date' in 2026 without qualification, as no amendments have been recorded in nearly a decade despite the Table of Amending Instruments existing."},{"type":"impossible_compliance","section":"Document Structure — Repeated Headings","severity":"high","reasoning":"A proclamation is a formal legal instrument that must contain operative text — typically identifying what Act or provisions are being proclaimed to commence, and the date of commencement. This document contains none of that. It is logically impossible to comply with, enforce, or give legal effect to a proclamation that states no operative content. The duplication of all headings suggests a serious document rendering error has caused the substantive legal text to be entirely absent.","confidence":0.95,"description":"Every heading and section in the document is duplicated verbatim (e.g., 'Proclamation under the Residen Proclamation under the Residential Tenancy Amendment (Boarding Premises) Act 2003', 'Status Information Status Information', 'Currency of version Currency of version'). The document purports to be a legally operative proclamation but contains no operative provisions whatsoever — only metadata and status information repeated twice."},{"type":"other","section":"Title — 'Proclamation under the Residen'","severity":"medium","reasoning":"While likely a rendering/display error, a truncated statutory title in the operative instrument itself could, in strict legal interpretation, raise questions about whether the instrument properly identifies its enabling legislation as required by standard drafting conventions.","confidence":0.6,"description":"The title is truncated mid-word as 'Proclamation under the Residen' in multiple places before being completed elsewhere. A legally operative instrument with an incomplete, truncated title creates ambiguity as to the precise Act under which it is made."}],"contradictions":[{"severity":"low","section_a":"Currency statement: 'Version current from 25 August 2004 to date (accessed 8 April 2026 at 2:50)'","section_b":"Authorisation: 'File last modified 5 July 2017'","confidence":0.5,"description":"The document asserts it is current as of April 2026 and invites the reader to view a Table of Amending Instruments, implying the instrument may have been amended. However, the file was last modified in 2017, which contradicts the implication that the version accessed in 2026 reflects any post-2017 state of the law."},{"severity":"low","section_a":"Status Information: 'Legislation on this site is usually updated within 3 working days after a change to the legislation'","section_b":"Authorisation: 'File last modified 5 July 2017'","confidence":0.4,"description":"The promise of updates within 3 working days of legislative change is contradicted by the fact that this file has not been modified since 2017 despite nearly 9 years having elapsed. Either no changes have occurred (making the Table of Amending Instruments redundant) or changes have occurred but have not been reflected, directly contradicting the update promise."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation does not change the substantive scope or content of the Act; it only fixes the Act's commencement date as provided by section 2. No rights, obligations or powers are altered by the proclamation itself."},"complexity_factors":["Single, narrow legal effect: sets a commencement date only (no substantive reform or transitional scheme).","Statutory authority invoked: proclamation made under section 2 of the Act (legal basis evident in text).","Formal executive procedure involved: Lieutenant‑Governor acts with advice of the Executive Council and a Minister signs (administrative formality).","Publication and administration steps: Gazette notification and Department of Justice administration noted (procedural compliance points).","Low compliance burden described in this instrument itself: substantive obligations and compliance costs are found in the underlying Act, not the proclamation."],"plain_english_summary":"**What this does:** This proclamation fixes 25 August 2004 as the day the Residential Tenancy Amendment (Boarding Premises) Act 2003 begins to operate. It makes the Act's rules legally binding from that date.\n\n**Who it affects and why it matters:** Operators of boarding premises, their residents, and agencies enforcing tenancy law are bound by the Act from 25 August 2004. The Lieutenant‑Governor made the proclamation under section 2; the Department of Justice administers it."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation is a narrow, single-purpose instrument — it exists only to commence the parent Act. There is no indication the proclamation's scope deviated from its original purpose of bringing the Boarding Premises amendments into force on a fixed date."},"complexity_factors":["The document itself is purely procedural — a proclamation that activates another Act, containing almost no substantive legal content of its own","The actual legal complexity lies in the parent Act (Residential Tenancy Amendment (Boarding Premises) Act 2003), which is not reproduced here","Minimal text is available for analysis — the document is largely metadata and administrative status information","No amendments to the proclamation itself are indicated, keeping interpretation straightforward"],"plain_english_summary":"This Proclamation formally brings the Residential Tenancy Amendment (Boarding Premises) Act 2003 into force in Tasmania, extending residential tenancy protections to boarding and rooming houses. It affects boarding house residents and operators by creating clearer rights and obligations for vulnerable renters and has been in effect since 25 August 2004."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument with no substantive scope. It performs exactly the function intended: bringing the parent Act into force on a specified date."},"complexity_factors":["Single operative provision: fixes one commencement date","No defined terms","No cross-references to other legislation (except citation of the parent Act and Rules Publication Act 1953 in administrative notes)","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 force.\n\n**What it does:**\n- Sets **25 August 2004** as the date when the *Residential Tenancy Amendment (Boarding Premises) Act 2003* (Tasmania) officially starts operating.\n\n**Who it affects:**\n- **Boarding house residents and operators** in Tasmania — the underlying Act extends residential tenancy protections to people living in boarding premises (shared accommodation like rooming houses).\n- **Government officials** — it formally completes the legislative process so the law can be enforced.\n\n**Why it matters:**\n- Before this proclamation, the 2003 Act was passed by Parliament but wasn't yet active. This document \"switches it on.\"\n- Without this step, boarding house tenants would remain without the legal protections (like notice periods, bond rules, and dispute resolution) that other renters enjoy.\n\n**Key point:** This is not the substantive law itself — it's the **trigger** that makes the substantive law operational."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-residential-tenancy-amendment-boarding-premises-act-2003","history":"/api/acts/proclamation-under-the-residential-tenancy-amendment-boarding-premises-act-2003/history","analysis":"/api/acts/proclamation-under-the-residential-tenancy-amendment-boarding-premises-act-2003/analysis","conflicts":"/api/acts/proclamation-under-the-residential-tenancy-amendment-boarding-premises-act-2003/conflicts","importantCases":"/api/acts/proclamation-under-the-residential-tenancy-amendment-boarding-premises-act-2003/important-cases","documents":"/api/acts/proclamation-under-the-residential-tenancy-amendment-boarding-premises-act-2003/documents"}}