{"id":"tas:sr-2013-020","name":"Proclamation under the Surrogacy Act 2012","slug":"proclamation-under-the-surrogacy-act-2012","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"20 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187663,"registerId":"tas-tas:sr-2013-020-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Surrogacy Act 2012","content":"> Proclamation under the Surrogacy 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-2012-034#GS2@EN) [Surrogacy Act 2012](/view/html/inforce/2026-04-12/act-2012-034) fix 1 May 2013 as the day on which the provisions of that Act commence.\n\n29 April 2013\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nBRIAN WIGHTMAN\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 1 May 2013\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation that purports to be current and unchanged since 1 May 2013 should not have been modified in September 2018 without explanation. The metadata is internally inconsistent: either the instrument was amended (in which case the currency date is wrong) or the modification was non-substantive (in which case it should be explained). This undermines the reliability of the instrument as a legal document.","confidence":0.6,"description":"The proclamation claims to be 'current from 1 May 2013 to date' while simultaneously stating the file was 'last modified 4 September 2018', creating an unresolved ambiguity about whether the instrument is truly unamended or whether the modification represents a substantive or merely administrative change."},{"type":"impossible_compliance","section":"Document structure - entire proclamation","severity":"high","reasoning":"A proclamation under the Surrogacy Act 2012 (Tas) must, at minimum, declare a date upon which the Act or specified provisions commence. Without any operative text, the instrument cannot perform its legal function. No person could rely upon, comply with, or give effect to this proclamation as reproduced. Whether this is a reproduction error or a defect in the original instrument, the result is the same: a legally inoperative document.","confidence":0.85,"description":"The proclamation as reproduced contains no operative provisions whatsoever. A proclamation is a formal executive instrument that must contain a substantive operative clause (e.g., naming a commencement date or declaring something in force). This document contains only metadata, status information, and administrative notices, rendering it legally meaningless as reproduced."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version (stating 'current from 1 May 2013 to date')","section_b":"Authorisation - 'File last modified 4 September 2018'","confidence":0.7,"description":"The instrument asserts it has been current and unchanged since 1 May 2013, yet the file metadata records a modification on 4 September 2018 — more than five years after the stated commencement of the current version. These two statements cannot both be accurate simultaneously."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which by definition has a single, narrow purpose: to activate an existing 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 parent Act)","No conditional logic or exceptions","Standard ceremonial language typical of proclamations","Total length: approximately 150 words of substantive content"],"plain_english_summary":"This is a formal government notice (called a 'proclamation') that officially starts the Surrogacy Act 2012 in Tasmania.\n\n**What it does:**\n- Sets **1 May 2013** as the date when Tasmania's surrogacy laws come into force\n- Before this date, the Act existed on paper but had no legal effect\n- After this date, the rules about surrogacy arrangements became legally binding\n\n**Who made it:**\n- The **Governor of Tasmania** (the Queen's representative in the state)\n- Acting on advice from the **Executive Council** (the Premier and senior ministers)\n- Signed by Governor Peter Underwood and Justice Minister Brian Wightman\n\n**Why it matters:**\n- Australian laws often pass Parliament but don't start immediately\n- This 'commencement' proclamation is the final step that switches the law on\n- Without this document, the Surrogacy Act 2012 would just be words on a page with no legal power"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not change the substantive scope of the Surrogacy Act 2012; it simply fixes the Act’s commencement date (1 May 2013) under s 2 and records administrative formalities (Governor’s proclamation, Gazette notification, Department of Justice administration)."},"complexity_factors":["Single, procedural action: sets a commencement date only (limited substantive content)","Cross-reference to substantive law (s 2 of the Surrogacy Act 2012) — downstream complexity depends on that Act","Formal legal steps recorded (Governor with Executive Council advice; Gazette notice; Rules Publication Act display)","Low statutory discretion in the text itself, but decision-maker is an executive office (Governor acting with Executive Council)","Administrative implementation delegated to the Department of Justice (operational tasks and minor compliance burden)"],"plain_english_summary":"Mechanically, this proclamation (made under s 2 of the Surrogacy Act 2012) fixes 1 May 2013 as the day the Act’s provisions commence. The Governor, acting with Executive Council advice, issued the proclamation and it was notified in the Gazette. \n\nWho is affected: everyone and every organisation to which the Surrogacy Act 2012 applies becomes subject to its requirements from that date; the Department of Justice administers the proclamation and bears related administrative responsibilities, while compliance costs fall on the parties regulated by the Act."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"The scope has not changed from its original intent. This proclamation serves solely as a commencement instrument for the Surrogacy Act 2012 and has remained unchanged since it took effect on 1 May 2013. It has no independent regulatory function that could expand or contract in scope."},"complexity_factors":["Document is a single-purpose commencement proclamation with no substantive legal provisions","No operative text beyond setting a commencement date","No discretionary powers, offences, rights, or obligations created by this instrument itself","Minimal interpretation required"],"plain_english_summary":"This Proclamation by the Governor of Tasmania set the commencement date of the Surrogacy Act 2012 as 1 May 2013. It made the Act — and Tasmania’s rules on altruistic surrogacy — legally effective from that date, affecting intended parents, surrogates, and the medical and legal professionals who work with surrogacy arrangements."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-surrogacy-act-2012","history":"/api/acts/proclamation-under-the-surrogacy-act-2012/history","analysis":"/api/acts/proclamation-under-the-surrogacy-act-2012/analysis","conflicts":"/api/acts/proclamation-under-the-surrogacy-act-2012/conflicts","importantCases":"/api/acts/proclamation-under-the-surrogacy-act-2012/important-cases","documents":"/api/acts/proclamation-under-the-surrogacy-act-2012/documents"}}