{"id":"tas:sr-2024-021","name":"Proclamation under the Sentencing Amendment (Breaches of Home Detention Orders) Act 2023","slug":"proclamation-under-the-sentencing-amendment-breaches-of-home-detention-orders-act-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"21 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174645,"registerId":"tas-sr-2024-021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Sentencing Amendment (Breaches of Home Detention Orders) Act 2023","content":"> Proclamation under the Sentencing Amendment (Breaches of Home Detention Orders) Act 2023\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-2023-031#GS2@EN) [Sentencing Amendment (Breaches of Home Detention Orders) Act 2023](/view/html/inforce/2026-04-12/act-2023-031) fix 1 July 2024 as the day on which that Act commences.\n\n20 June 2024\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nGUY BARNETT\n\nMinister for Justice\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 26 June 2024\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation is a purely mechanical instrument — its sole function is to bring the parent Act into force on a specified date. It does not alter, expand, or narrow the scope of the Sentencing Amendment (Breaches of Home Detention Orders) Act 2023 in any way."},"complexity_factors":["The document itself is purely administrative — it is a commencement proclamation with minimal substantive legal content","The underlying Act (breaches of home detention) has moderate complexity, but the proclamation does not reproduce its detail","No technical legal definitions, formulas, or multi-layered provisions are present in this document","Understanding requires basic awareness that proclamations 'switch on' legislation, which is a simple concept once explained"],"plain_english_summary":"This Proclamation brings the Sentencing Amendment (Breaches of Home Detention Orders) Act 2023 into force in Tasmania on 26 June 2024. It tightens how breaches of home detention are dealt with, affecting people on home detention, courts, and corrections staff by giving clearer and stronger powers to respond to breaches."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument with no substantive content of its own. It performs exactly the function intended: bringing the parent Act into force on a specified date."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No cross-references to other legislation (except citation of the parent Act and the Rules Publication Act 1953 for procedural compliance)","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 new law into force.\n\n**What it does:**\n- Sets **1 July 2024** as the date when the *Sentencing Amendment (Breaches of Home Detention Orders) Act 2023* (Tasmania) officially starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (B. Baker), acting on advice from the **Executive Council** (the Premier and senior ministers).\n- Signed off by **Guy Barnett**, the Minister for Justice.\n\n**Why this matters:**\n- Laws passed by Parliament don't automatically take effect immediately. This proclamation is the legal \"switch\" that turns the law on.\n- The underlying Act changes how courts handle people who break the rules of **home detention** (serving a prison sentence at home with electronic monitoring). This proclamation simply activates those changes.\n\n**Key detail:**\n- The proclamation was made on **20 June 2024** and published in the *Tasmanian Government Gazette* on **26 June 2024**, giving a few days' notice before the 1 July start date."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation does not alter the content or scope of the Sentencing Amendment (Breaches of Home Detention Orders) Act 2023; it solely fixes the Act's commencement date under section 2, names the administering department, and records official publication. No operative or substantive provisions are modified."},"complexity_factors":["Narrow procedural effect: only sets commencement date for a named Act.","Relies on statutory power in section 2 of the Act to fix commencement.","Formal executive process required (Governor acting with Executive Council).","Administrative formalities: Gazette notification and identifying administering department.","No substantive legal provisions, transitional measures, or delegated detail included."],"plain_english_summary":"**This proclamation fixes 1 July 2024 as the date the Sentencing Amendment (Breaches of Home Detention Orders) Act 2023 comes into force.** It brings that Act into operation on that date, so its rules will begin applying then; the Governor made the proclamation under section 2 and the Department of Justice will administer it."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"While not strictly a logical flaw in the operative legislation, the metadata creates an internally odd claim: the system asserts currency 'to date' (implying ongoing verification) while simultaneously confirming no modification since commencement. The practical effect is that 'currency' is a vacuous claim — there is nothing to be current about beyond the original text.","confidence":0.55,"description":"The document states it is 'current from 26 June 2024 to date (accessed 5 April 2026 at 11:45)' but the file was 'last modified 26 June 2024'. This implies the proclamation has never been amended or updated in nearly two years, yet the currency statement implies active currency tracking is occurring."},{"type":"other","section":"Document Structure - All headings","severity":"medium","reasoning":"A Proclamation is a formal legal instrument with operative effect. A document where every heading is duplicated — and one heading is truncated ('Sentenc') — raises a genuine question about which version of the text is authoritative. If this is the consolidated version, the duplication could be read as creating ambiguity about the instrument's title, potentially affecting its identification and citation in legal proceedings.","confidence":0.75,"description":"Every heading and section title in the document is duplicated verbatim (e.g., 'Proclamation under the Sentenc Proclamation under the Sentencing Amendment...', 'Status Information Status Information', 'Currency of version Currency of version'). The document purports to be authoritative consolidated legislation but is structurally malformed throughout."},{"type":"other","section":"Title - 'Proclamation under the Sentenc'","severity":"low","reasoning":"While likely a rendering artefact, in strict legal construction the truncated form appearing as a co-equal heading could generate uncertainty. The instrument register number (sr-2024-021) resolves this in practice, but the face of the document is defective.","confidence":0.6,"description":"The truncated title 'Proclamation under the Sentenc' appearing as a formal heading alongside the full title creates an ambiguity as to the instrument's correct short title. A Proclamation lacking a complete, unambiguous title may be difficult to cite with precision."}],"contradictions":[{"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 26 June 2024'","confidence":0.5,"description":"The document asserts a live updating policy (within 3 working days of any change) but also confirms no change has occurred since 26 June 2024. These are not strictly contradictory but the combination, when read against an access date of 5 April 2026, implies either: (a) no amendments have been made in ~22 months (plausible but notable for an amending Act addressing breach enforcement), or (b) the update policy has not been followed and the document may not reflect current law."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-sentencing-amendment-breaches-of-home-detention-orders-act-2023","history":"/api/acts/proclamation-under-the-sentencing-amendment-breaches-of-home-detention-orders-act-2023/history","analysis":"/api/acts/proclamation-under-the-sentencing-amendment-breaches-of-home-detention-orders-act-2023/analysis","conflicts":"/api/acts/proclamation-under-the-sentencing-amendment-breaches-of-home-detention-orders-act-2023/conflicts","importantCases":"/api/acts/proclamation-under-the-sentencing-amendment-breaches-of-home-detention-orders-act-2023/important-cases","documents":"/api/acts/proclamation-under-the-sentencing-amendment-breaches-of-home-detention-orders-act-2023/documents"}}