{"id":"tas:sr-2013-016","name":"Proclamation under the Residential Tenancy Amendment (Smoke Alarms) Act 2012","slug":"proclamation-under-the-residential-tenancy-amendment-smoke-alarms-act-2012","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"16 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187702,"registerId":"tas-tas:sr-2013-016-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 (Smoke Alarms) Act 2012","content":"> Proclamation under the Residential Tenancy Amendment (Smoke Alarms) Act 2012\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-2012-028#GS2@EN) [Residential Tenancy Amendment (Smoke Alarms) Act 2012](/view/html/inforce/2026-04-12/act-2012-028) fix 1 May 2013 as the day on which the provisions of that Act commence.\n\n16 April 2013\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 24 April 2013\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"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: fixing a commencement date","No defined terms","No cross-references to other legislation (except citation of the enabling Act)","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 May 2013** as the date when the *Residential Tenancy Amendment (Smoke Alarms) Act 2012* officially starts operating.\n- Without this proclamation, the Act would remain on the books but wouldn't actually apply to anyone.\n\n**Who it affects:**\n- **Landlords and tenants in Tasmania** — specifically, those covered by residential tenancy agreements.\n- The underlying Act (which this proclamation activates) requires smoke alarms to be installed in rental properties.\n\n**Why it matters:**\n- This document is the legal trigger that made smoke alarm requirements enforceable in Tasmanian rental properties from May 2013 onwards.\n- It shows how laws often need a separate \"start date\" announcement before they become active, even after being passed by Parliament."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope or content of the Residential Tenancy Amendment (Smoke Alarms) Act 2012; it only fixes the Act's commencement date and records administration and publication details."},"complexity_factors":["Single-purpose instrument: only fixes a commencement date under section 2 of the underlying Act.","No substantive legal amendments or new obligations in the proclamation itself—complexity lies in the underlying Act, not this instrument.","Clear decision-maker: Governor acting on Executive Council advice, low administrative discretion in the text.","Formal publication and administration requirements (Gazette notification; Department of Justice as administrator).","Triggers compliance obligations and timelines for private parties (landlords, tenants, property managers) once the Act commences."],"plain_english_summary":"*This proclamation fixes 1 May 2013 as the commencement date for the* *Residential Tenancy Amendment (Smoke Alarms) Act 2012*, bringing that Act's legal requirements into force on that day. It affects landlords, tenants and property managers by triggering the Act's obligations and compliance timelines.\n\nThe Governor, acting with Executive Council advice, made the proclamation; the Department of Justice administers the instrument and it was notified in the Gazette."},"issue_detection":{"absurdities":[{"type":"other","section":"Document Structure/Metadata","severity":"low","reasoning":"A proclamation is typically a one-time instrument fixing a commencement date. If it was last modified in 2017, four years after it came into force, this raises a question about what was changed in an instrument that should have no ongoing operative content beyond its original function.","confidence":0.5,"description":"The proclamation purports to be 'current from 24 April 2013 to date' yet the 'File last modified 5 July 2017' notation suggests the instrument has been amended or touched after its original proclamation date, despite appearing to contain no substantive operative provisions whatsoever."},{"type":"impossible_compliance","section":"Document as a whole","severity":"high","reasoning":"A proclamation without operative content cannot fulfil its legal function of commencing legislation. Any person or court attempting to rely on this instrument to determine whether the Residential Tenancy Amendment (Smoke Alarms) Act 2012 is in force would find it legally unintelligible. If this reflects the actual instrument as gazetted, compliance with or reliance upon it is impossible.","confidence":0.85,"description":"This instrument purports to be a legally operative Proclamation under the Residential Tenancy Amendment (Smoke Alarms) Act 2012, yet the document contains no operative provisions whatsoever — no commencement date is proclaimed, no sections of the parent Act are brought into force, and no substantive legal content exists. The entire document consists only of metadata, navigation headers, and status information repeated multiple times."},{"type":"other","section":"Document Structure — Repeated Headings","severity":"medium","reasoning":"While likely a rendering or publishing error rather than a drafting error in the original instrument, if this represents the official consolidated version available to the public, it undermines the accessibility and reliability of Tasmania's consolidated legislation. Citizens cannot be reasonably expected to rely on a document that is internally incoherent in its presentation.","confidence":0.95,"description":"Every heading and section title in the document appears duplicated verbatim (e.g., 'Currency of version Currency of version', 'Authorisation Authorisation', 'Table of Amending Instruments Table of Amending Instruments'). This systematic duplication renders the document structurally incoherent."},{"type":"other","section":"Status Information — Update Timeframe","severity":"low","reasoning":"The discrepancy between the proclaimed currency date (2013), the file modification date (2017), and the access date (2026) with no visible substantive amendments creates ambiguity about the true current state of the instrument.","confidence":0.45,"description":"The status metadata states legislation 'is usually updated within 3 working days after a change to the legislation,' yet this instrument — a simple commencement proclamation — has remained apparently unchanged in substance since 2013 while being 'last modified' in 2017, suggesting either undisclosed amendments or administrative changes that are not reflected in the Table of Amendments."}],"contradictions":[{"severity":"high","section_a":"Title — 'Proclamation under the Residential Tenancy Amendment (Smoke Alarms) Act 2012'","section_b":"Document body — no operative provisions","confidence":0.85,"description":"The title asserts this is a legally operative proclamation under a specific Act, but the body of the document contains no operative legal provisions. The title and body are fundamentally contradictory as to the nature and purpose of the instrument."},{"severity":"low","section_a":"Status Information — 'Version current from 24 April 2013 to date'","section_b":"Authorisation — 'File last modified 5 July 2017'","confidence":0.6,"description":"The instrument is described as having been 'current from 24 April 2013' with no amendments noted, yet the file was last modified on 5 July 2017 — over four years later. This is contradictory: either the instrument was amended (in which case the currency date or amendment table should reflect this) or it was not (in which case the 2017 modification date is unexplained)."}]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"A commencement proclamation by definition cannot change the scope of the parent Act — it only activates it. There is no evidence of any scope change from the original legislative intent."},"complexity_factors":["The document is a bare commencement proclamation with virtually no substantive legal content","It contains no operative provisions beyond setting a commencement date","The actual legal obligations are contained in the parent Act, not this instrument","Minimal text is available to analyse — much of the document appears to be repeated metadata and navigation elements rather than legal content"],"plain_english_summary":"This Proclamation from the Tasmanian Governor formally brings the Residential Tenancy Amendment (Smoke Alarms) Act 2012 into force on 24 April 2013. It makes the Act’s smoke-alarm requirements for residential rentals legally enforceable, affecting landlords’ obligations and tenants’ protections regarding smoke alarms."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-residential-tenancy-amendment-smoke-alarms-act-2012","history":"/api/acts/proclamation-under-the-residential-tenancy-amendment-smoke-alarms-act-2012/history","analysis":"/api/acts/proclamation-under-the-residential-tenancy-amendment-smoke-alarms-act-2012/analysis","conflicts":"/api/acts/proclamation-under-the-residential-tenancy-amendment-smoke-alarms-act-2012/conflicts","importantCases":"/api/acts/proclamation-under-the-residential-tenancy-amendment-smoke-alarms-act-2012/important-cases","documents":"/api/acts/proclamation-under-the-residential-tenancy-amendment-smoke-alarms-act-2012/documents"}}