{"id":"tas:sr-2018-070","name":"Proclamation under the Road Safety (Alcohol and Drugs) Amendment Act 2017","slug":"proclamation-under-the-road-safety-alcohol-and-drugs-amendment-act-2017","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"70 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184731,"registerId":"tas-tas:sr-2018-070-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Road Safety (Alcohol and Drugs) Amendment Act 2017","content":"> Proclamation under the Road Safety (Alcohol and Drugs) Amendment Act 2017\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-2017-038#GS2@EN) [Road Safety (Alcohol and Drugs) Amendment Act 2017](/view/html/inforce/2026-04-12/act-2017-038) fix 3 December 2018 as the day on which the provisions of that Act commence.\n\n19 November 2018\n\nC. WARNER\n\nGovernor\n\nBy Her Excellency's Command,\n\nMICHAEL DARREL JOSEPH FERGUSON\n\nMinister for Police, Fire and Emergency Management\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 28 November 2018\n\nThis proclamation is administered in the Department of Police, Fire and Emergency Management.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"The existence of a 'Table of Amending Instruments' hyperlink implies amendments exist or may exist, yet the file modification date has never changed from 28 November 2018. This is a minor internal tension — either the table is empty (making its inclusion misleading) or amendments exist but the file modification date is incorrect.","confidence":0.55,"description":"The document states it is 'current from 28 November 2018 to date (accessed 5 April 2026 at 17:09)' but the file is described as 'last modified 28 November 2018', implying no amendments have occurred in over 7 years despite a Table of Amending Instruments being referenced."},{"type":"impossible_compliance","section":"Document structure (entire instrument)","severity":"high","reasoning":"A proclamation without operative content cannot fulfil its legal function. If this represents the entirety of the instrument, it is legally void as it specifies no date for commencement of the Road Safety (Alcohol and Drugs) Amendment Act 2017, meaning the Act either never commenced via this instrument or commenced via an instrument not reproduced here. Compliance with or reliance upon this instrument is impossible as it contains nothing to comply with.","confidence":0.72,"description":"The proclamation document contains no operative provisions whatsoever. A proclamation is a legal instrument used to bring legislation into force on a specified date, yet this document contains only metadata, status information, and formatting headers — with no actual proclamation text, commencement date, or Governor's declaration."},{"type":"other","section":"Headers (entire document)","severity":"medium","reasoning":"While this is likely a technical rendering artefact rather than a substantive legal flaw, in the context of an authoritative consolidated legislation repository, a document that cannot be read with clarity undermines legal certainty. A person relying on this instrument cannot be confident they are reading the authentic version.","confidence":0.85,"description":"Every heading in the document is duplicated verbatim (e.g. 'Proclamation under the Road Sa Proclamation under the Road Safety (Alcohol and Drugs) Amendment Act 2017', 'Status Information Status Information', 'Currency of version Currency of version'). This creates an absurd structural redundancy suggesting the document has been improperly rendered or concatenated with itself."},{"type":"other","section":"Status Information – update policy","severity":"low","reasoning":"The 3-working-day update commitment creates a quasi-obligation of currency. If the Table of Amending Instruments is non-empty, the failure to reflect those amendments contradicts the stated policy. If the table is empty, the commitment is technically met but the table's inclusion is misleading.","confidence":0.45,"description":"The document states legislation 'is usually updated within 3 working days after a change to the legislation', yet the instrument has remained unmodified since 28 November 2018 across a period spanning over 7 years. If amendments exist (as implied by the amending instruments table), this update commitment has not been met."}],"contradictions":[{"severity":"low","section_a":"Table of Amending Instruments (hyperlink present)","section_b":"Authorisation – File last modified 28 November 2018","confidence":0.5,"description":"The presence of a Table of Amending Instruments implies the instrument has been amended after its original making, yet the file modification date has never advanced beyond the original instrument date of 28 November 2018, contradicting any suggestion of post-enactment amendments."},{"severity":"high","section_a":"Currency statement: 'current from 28 November 2018 to date'","section_b":"Document body: contains no operative legal content","confidence":0.7,"description":"The currency statement asserts this is a live, operative version of a legal instrument current as of the access date. However, the document body contains no operative provisions, making it simultaneously described as 'current' law and containing nothing capable of having legal effect."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation of this type has a fixed, narrow purpose: to commence a previously enacted Act on a specified date. There is no indication that the scope changed from its original intent. It does exactly what a commencement proclamation is designed to do."},"complexity_factors":["The document is a Proclamation — a purely procedural instrument with minimal substantive content of its own","Its legal significance depends entirely on understanding the parent Amendment Act (2017), which is not reproduced here","The formatting of the source document is heavily repetitive, making it harder to extract meaningful content","No operative provisions, definitions, penalties, or detailed rules are contained in this document itself"],"plain_english_summary":"This Proclamation, issued by the Governor of Tasmania, simply brings the Road Safety (Alcohol and Drugs) Amendment Act 2017 into operation on 28 November 2018. It doesn't create new rules itself but activates the amended drink‑and‑drug driving regime, affecting Tasmanian drivers, police and transport operators by making the updated testing and penalty provisions legally effective."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"N/A — this is a procedural commencement instrument with no substantive scope to assess"},"complexity_factors":["Single operative provision: fixes one commencement date","No defined terms","No cross-references to substantive law (only cites the empowering section)","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 *Road Safety (Alcohol and Drugs) Amendment Act 2017* will start operating on **3 December 2018**.\n\n**Why this matters:**\n- Laws passed by Parliament don't always take effect immediately. Some need a specific \"start date\" to be proclaimed (officially announced) before they become enforceable.\n- This document fixes that date, meaning police and courts could begin using the new road safety rules from 3 December 2018 onwards.\n\n**Who it affects:**\n- Tasmanian drivers, police officers, and anyone subject to roadside alcohol and drug testing — though the proclamation itself doesn't create new rules, it simply activates the Amendment Act that does."},"flash_summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive scope or content of the Amendment Act; it merely brings the Act's provisions into force on a specified date under section 2, and assigns administration to the Department of Police, Fire and Emergency Management."},"complexity_factors":["Single legal action: fixes a commencement date only (low substantive complexity).","No substantive amendments or operative measures are included in the proclamation itself.","Relies on the Act (referenced s 2) for substantive content; understanding effects requires consulting that Act.","Standard executive formality (Governor acting with Executive Council) — procedural rather than technical.","Identifies administering agency, so implementation and enforcement duties are clearly assigned."],"plain_english_summary":"This proclamation sets 3 December 2018 as the day the provisions of the Road Safety (Alcohol and Drugs) Amendment Act 2017 come into force in Tasmania (made under s 2 of that Act). \n\nIt is issued by the Governor on the advice of Executive Council and is administered by the Department of Police, Fire and Emergency Management — from that date people and agencies covered by the Act must meet its requirements and the Department takes responsibility for administration and enforcement."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-road-safety-alcohol-and-drugs-amendment-act-2017","history":"/api/acts/proclamation-under-the-road-safety-alcohol-and-drugs-amendment-act-2017/history","analysis":"/api/acts/proclamation-under-the-road-safety-alcohol-and-drugs-amendment-act-2017/analysis","conflicts":"/api/acts/proclamation-under-the-road-safety-alcohol-and-drugs-amendment-act-2017/conflicts","importantCases":"/api/acts/proclamation-under-the-road-safety-alcohol-and-drugs-amendment-act-2017/important-cases","documents":"/api/acts/proclamation-under-the-road-safety-alcohol-and-drugs-amendment-act-2017/documents"}}