{"id":"tas:sr-2005-148","name":"Proclamation under the Road Safety (Alcohol and Drugs) Amendment Act (No. 2) 2005","slug":"proclamation-under-the-road-safety-alcohol-and-drugs-amendment-act-no-2-2005","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"148 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":317740,"registerId":"tas-tas:sr-2005-148-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Road Safety (Alcohol and Drugs) Amendment Act (No. 2) 2005","content":"> Proclamation under the Road Safety (Alcohol and Drugs) Amendment Act (No. 2) 2005\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-2005-028#GS2@EN) [Road Safety (Alcohol and Drugs) Amendment Act (No. 2) 2005](/view/html/inforce/2026-04-12/act-2005-028) fix 1 February 2006 as the day on which that Act commences.\n\n12 December 2005\n\nW. J. E. COX\n\nGovernor\n\nBy His Excellency's Command,\n\nD. E. LLEWELLYN\n\nMinister for Police and Public Safety\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 21 December 2005\n\nThis proclamation is administered in the Department of Police and Public Safety.","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"The Proclamation does exactly what it was designed to do — commence the parent Act on a specified date. There is no evidence of any scope change from its original intent."},"complexity_factors":["No substantive legal content — purely a commencement instrument","No operative provisions beyond activating the parent Act","No exceptions, definitions, schedules, or technical legal standards to interpret","Single, clear purpose with a fixed date"],"plain_english_summary":"This Proclamation simply brings the Road Safety (Alcohol and Drugs) Amendment Act (No. 2) 2005 into force in Tasmania, making the Act’s changes to alcohol‑ and drug‑driving law legally operative from 21 December 2005. \n\nIt doesn’t create new rules itself but matters because it activates those amended offences and enforcement powers, affecting drivers, police and courts from that date."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"A proclamation instrument cannot self-certify currency to a future access date at the time of its own existence. The date 8 April 2026 embedded in a document purportedly accessed creates a bootstrapping anomaly — the instrument describes its own future state as current, which is logically incoherent at any prior point in time.","confidence":0.55,"description":"The document states it is 'current from 21 December 2005 to date (accessed 8 April 2026 at 2:41)' but the access date of 8 April 2026 is in the future relative to any plausible real-world drafting or analysis date, suggesting either a metadata error or a temporal impossibility in the currency claim."},{"type":"other","section":"Status Information / Authorisation","severity":"low","reasoning":"Proclamations are not ambulatory instruments in the same way statutes are. If the file was modified in 2017 without a corresponding amending instrument being identified in the body of the text, this raises an unanswered question about what changed and whether the modification was authorised. It is not a strict logical impossibility but is anomalous.","confidence":0.5,"description":"The document states 'File last modified 5 July 2017' yet the substantive proclamation dates from 21 December 2005 and no amending content is disclosed in the reproduced text. A proclamation instrument — which is typically a one-time executive act — should be immutable once made. A modification date 12 years after commencement, with no disclosed amendment, is unexplained and potentially irregular."},{"type":"impossible_compliance","section":"Document structure (entire reproduced text)","severity":"high","reasoning":"A proclamation must contain operative words bringing an Act or provisions into force on a specified date. This reproduction contains no such words. If this is the complete instrument, it is logically impossible for it to operate as a valid proclamation — there is nothing to comply with, nothing to enforce, and no date of commencement is specified. The document is self-defeating as a legal instrument.","confidence":0.85,"description":"Every heading and section title in the document is duplicated verbatim (e.g., 'Proclamation under the Road Sa Proclamation under the Road Safety...', 'Status Information Status Information', 'Currency of version Currency of version'). The legislative instrument as reproduced contains no operative provisions whatsoever — only metadata and repeated headings."}],"contradictions":[{"severity":"medium","section_a":"Currency of version: 'Version current from 21 December 2005 to date'","section_b":"Authorisation: 'File last modified 5 July 2017'","confidence":0.65,"description":"The instrument claims an unbroken currency from 21 December 2005 'to date' with no amendments disclosed in the reproduced text, yet the file was modified on 5 July 2017. These two claims are in tension: either the instrument has been unchanged since 2005 (in which case the 2017 modification is unexplained) or it was changed in 2017 (in which case the currency statement should reflect that amendment)."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which by its nature has a single, narrow purpose: to activate an Act on a specific date. It has not expanded beyond this original intent."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No cross-references to substantive law (only citation of the empowering section)","No conditional logic or exceptions","Standard formal language typical of proclamations"],"plain_english_summary":"This is a short official notice (called a 'proclamation') that sets the start date for a Tasmanian road safety law.\n\n**What it does:**\n- The *Road Safety (Alcohol and Drugs) Amendment Act (No. 2) 2005* was passed by Parliament, but laws don't automatically take effect immediately.\n- This proclamation, signed by the Governor of Tasmania on 12 December 2005, officially declares that the Act will **commence (come into force) on 1 February 2006**.\n\n**Who it affects:**\n- Anyone in Tasmania subject to road safety and drink/drug driving laws — though this document itself doesn't change the rules, it just activates the Amendment Act that does.\n\n**Why it matters:**\n- Without this proclamation, the Amendment Act would remain inactive ('on the shelf'). This document triggers the legal changes, giving the public and police a fixed date (1 February 2006) when the new alcohol and drug driving provisions take effect."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the content or scope of the Amendment Act; it only sets the date the Act commences (1 February 2006) and records administrative and notification details."},"complexity_factors":["Purely formal instrument: fixes a commencement date rather than changing substantive law.","Made by Governor acting with advice of the Executive Council (executive procedural requirement).","Cross-references section 2 of the Amendment Act to identify the power being exercised.","Gazette notification recorded (publication/notification step).","Administration allocated to the Department of Police and Public Safety (identifies implementing agency)."],"plain_english_summary":"This proclamation sets 1 February 2006 as the commencement date for the Road Safety (Alcohol and Drugs) Amendment Act (No. 2) 2005. It was issued by the Governor of Tasmania on the advice of the Executive Council, notified in the Gazette on 21 December 2005, and is administered by the Department of Police and Public Safety."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-road-safety-alcohol-and-drugs-amendment-act-no-2-2005","history":"/api/acts/proclamation-under-the-road-safety-alcohol-and-drugs-amendment-act-no-2-2005/history","analysis":"/api/acts/proclamation-under-the-road-safety-alcohol-and-drugs-amendment-act-no-2-2005/analysis","conflicts":"/api/acts/proclamation-under-the-road-safety-alcohol-and-drugs-amendment-act-no-2-2005/conflicts","importantCases":"/api/acts/proclamation-under-the-road-safety-alcohol-and-drugs-amendment-act-no-2-2005/important-cases","documents":"/api/acts/proclamation-under-the-road-safety-alcohol-and-drugs-amendment-act-no-2-2005/documents"}}