{"id":"tas:sr-2009-098","name":"Proclamation under the Resource Planning and Development Commission Legislation (Miscellaneous Amendments) Act 2009","slug":"proclamation-under-the-resource-planning-and-development-commission-legislation-miscellaneous-amendm","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"98 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315483,"registerId":"tas-tas:sr-2009-098-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Resource Planning and Development Commission Legislation (Miscellaneous Amendments) Act 2009","content":"> Proclamation under the Resource Planning and Development Commission Legislation (Miscellaneous Amendments) Act 2009\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](/view/html/inforce/2026-04-12/act-2009-028#GS2@EN) of the [Resource Planning and Development Commission Legislation (Miscellaneous Amendments) Act 2009](/view/html/inforce/2026-04-12/act-2009-028) , fix 1 September 2009 as the day on which that Act commences.\n\n10 August 2009\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nD. E. LLEWELLYN\n\nMinister for Planning\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 19 August 2009\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope of the parent Act. It simply implements section 2 by fixing the Act's commencement date as 1 September 2009 and records administrative details (making authority, administering department, and Gazette notification)."},"complexity_factors":["Procedural nature: the instrument only sets a commencement date rather than creating new substantive law","Singular, specific effect (one fixed date) reduces interpretive complexity","Made under section 2 of the parent Act (clear legal authority)","Named decision-makers and administrator (Governor with Executive Council; Department of Justice) reduce uncertainty about responsibility","Formal publication detail (Gazette notification) supplies standard publicisation and legal certainty","Low litigation risk because the proclamation does not purport to alter substantive rights or obligations"],"plain_english_summary":"This proclamation fixes 1 September 2009 as the day the Resource Planning and Development Commission Legislation (Miscellaneous Amendments) Act 2009 comes into force, made under section 2 of that Act. It therefore brings the Act’s amendments into effect on that date, affects persons and agencies subject to the RPDC legislation, was made by the Governor with Executive Council advice, is administered by the Department of Justice, and was notified in the Gazette on 19 August 2009."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation that has not been modified since 2017 but is represented as current through 2026 creates an implicit tension: either nothing has changed in the legislative landscape requiring amendment (plausible), or the currency claim is not adequately substantiated by the modification history. This is more a drafting/publication concern than a strict logical flaw.","confidence":0.45,"description":"The legislation states it is 'current from 19 August 2009 to date (accessed 8 April 2026 at 1:49)' while simultaneously stating 'File last modified 5 July 2017'. If the file was last modified in 2017, the claim that it is current 'to date' of access in 2026 is unverifiable and potentially misleading, as no amendments or reviews appear to have occurred in the intervening 9 years."},{"type":"impossible_compliance","section":"Document structure - Entire instrument","severity":"high","reasoning":"A proclamation under an amending Act must, at minimum, identify what provisions are being commenced and on what date. Persons seeking to comply with or rely upon provisions brought into force by this instrument cannot identify which provisions those are from the face of the document. If this is the entirety of the instrument, it fails its own purpose. If content has been omitted from the version presented, the published version is defective.","confidence":0.72,"description":"The proclamation is a commencement instrument (bringing provisions of the Resource Planning and Development Commission Legislation (Miscellaneous Amendments) Act 2009 into force) but the document as presented contains no operative provisions whatsoever — no schedule of commenced sections, no operative clause specifying what is being proclaimed into force, and no date of commencement beyond what can be inferred from the version date. A proclamation with no operative content cannot logically fulfil its statutory purpose."},{"type":"other","section":"Title block - Repeated truncation","severity":"low","reasoning":"While likely a rendering artefact rather than a legislative drafting error, the repeated appearance of a truncated title ('Resourc' rather than 'Resource') alongside the full title creates formal ambiguity about the instrument's correct citation name. In strict legal interpretation, an instrument must be identifiable with certainty.","confidence":0.38,"description":"The title 'Proclamation under the Resourc...' appears multiple times in truncated form alongside the full title, suggesting the document contains a corrupted or duplicated rendering. A legally operative instrument with an uncertain or inconsistent title creates ambiguity about its identity and scope."},{"type":"other","section":"Status Information - Update undertaking","severity":"low","reasoning":"The qualifier 'usually' combined with the absence of any obligation or consequence renders the currency assurance legally vacuous. A person who acts on the assumption the version is current and suffers detriment due to a delayed update has no recourse. This is a known but persistent absurdity in online legislative publication practice.","confidence":0.6,"description":"The status block states legislation 'is usually updated within 3 working days after a change to the legislation' — an administrative promise that is logically incapable of being enforced by or against any legal person, and which is qualified by 'usually' rendering it meaningless as a guarantee. Persons relying on currency of the version have no legal remedy if the 3-day standard is not met."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version ('current from 19 August 2009 to date')","section_b":"Authorisation - 'File last modified 5 July 2017'","confidence":0.5,"description":"The instrument is represented as continuously current from 2009 through to the access date of 8 April 2026, yet the file was last modified on 5 July 2017. These two statements are in tension: if the instrument is truly current to 2026, one would expect a more recent file modification reflecting any administrative updates, republication, or currency checks. Conversely, if nothing has changed since 2017, the 'to date' currency claim is a static assertion dressed as a dynamic one."},{"severity":"low","section_a":"Document title block - 'Proclamation under the Resource Planning and Development Commission Legislation (Miscellaneous Amendments) Act 2009' (full form)","section_b":"Document title block - 'Proclamation under the Resourc...' (truncated form, appearing multiple times)","confidence":0.35,"description":"The same instrument is identified under two different title strings within the same document — one complete and one truncated. While almost certainly a rendering error, as a matter of strict legal construction an instrument must have a single, unambiguous identifying title. The co-existence of truncated and full titles within the authoritative published version creates a formal (if technical) contradiction as to the instrument's correct name."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"There is no evidence of scope change. The Proclamation performs its narrow, intended function: activating the 2009 Amendments Act from a fixed date (19 August 2009). No amendments to the Proclamation itself appear to have altered its original purpose or effect."},"complexity_factors":["The document is a bare Proclamation — it contains almost no substantive legal content of its own","Its function is purely administrative (commencement/activation of another Act), requiring no independent interpretation","The parent Act references 'miscellaneous amendments', suggesting minor housekeeping changes rather than major legal reform","No complex definitions, offences, rights, or obligations are created by the Proclamation itself","Very limited text available — the document is largely metadata and status information rather than operative legal provisions"],"plain_english_summary":"This Proclamation is a formal commencement notice by the Governor of Tasmania declaring that specified parts of the Resource Planning and Development Commission Legislation (Miscellaneous Amendments) Act 2009 take effect from 19 August 2009. It mainly affects government agencies, planners, developers and parties dealing with the RPDC by confirming when the Act’s miscellaneous procedural and administrative changes became legally operative."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which by definition has a narrow, procedural purpose: to activate another Act. It has not expanded beyond this original intent."},"complexity_factors":["Single operative provision: fixing a 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 document"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a Tasmanian law into effect.\n\n**What it does:**\n- Sets **1 September 2009** as the date when the *Resource Planning and Development Commission Legislation (Miscellaneous Amendments) Act 2009* starts operating.\n\n**Who it affects:**\n- Anyone dealing with planning and development in Tasmania, as the underlying Act makes changes to how the Resource Planning and Development Commission operates.\n\n**Why it matters:**\n- Laws don't automatically start working when Parliament passes them. This proclamation officially \"switches on\" the Act, telling everyone exactly when the new rules apply.\n\n**Key details:**\n- Signed by the Governor of Tasmania (Peter G. Underwood) on 10 August 2009\n- Made under **section 2** of the Act, which gives the Governor power to choose the start date\n- Published in the *Gazette* (the official government newspaper) on 19 August 2009"}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-resource-planning-and-development-commission-legislation-miscellaneous-amendm","history":"/api/acts/proclamation-under-the-resource-planning-and-development-commission-legislation-miscellaneous-amendm/history","analysis":"/api/acts/proclamation-under-the-resource-planning-and-development-commission-legislation-miscellaneous-amendm/analysis","conflicts":"/api/acts/proclamation-under-the-resource-planning-and-development-commission-legislation-miscellaneous-amendm/conflicts","importantCases":"/api/acts/proclamation-under-the-resource-planning-and-development-commission-legislation-miscellaneous-amendm/important-cases","documents":"/api/acts/proclamation-under-the-resource-planning-and-development-commission-legislation-miscellaneous-amendm/documents"}}