{"id":"tas:sr-2002-186","name":"Proclamation under the Terrorism (Commonwealth Powers) Act 2002","slug":"proclamation-under-the-terrorism-commonwealth-powers-act-2002","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"186 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318494,"registerId":"tas-tas:sr-2002-186-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Terrorism (Commonwealth Powers) Act 2002","content":"> Proclamation under the Terrorism (Commonwealth Powers) Act 2002\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-2002-068#) [Terrorism (Commonwealth Powers) Act 2002](/view/html/inforce/2026-04-12/act-2002-068) fix 1 January 2003 as the day on which that Act commences.\n\n23 December 2002\n\nG. S. M. GREEN\n\nGovernor\n\nBy His Excellency's Command,\n\nJUDY JACKSON\n\nMinister for Justice and Industrial Relations\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 25 December 2002\n\nThis proclamation is administered in the Department of Justice and Industrial Relations.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive scope or content of the Terrorism (Commonwealth Powers) Act 2002; it solely sets the date (1 January 2003) on which the Act takes effect in Tasmania under the authority of s 2, and records administrative publication and departmental responsibility."},"complexity_factors":["Single, discrete administrative action: fixes a commencement date (simple legal effect).","No substantive amendment to primary legislation or new regulatory detail.","Authority and formalities rely on one statutory provision (s 2) and executive decision-making.","Requires formal publication and administrative assignment (Gazette notification; Dept of Justice and Industrial Relations).","Low compliance complexity: obligations arise only by reference to the brought-into-force Act rather than in the proclamation itself."],"plain_english_summary":"This proclamation, made under s 2 of the _Terrorism (Commonwealth Powers) Act 2002_ by the Governor with the advice of the Executive Council, fixes 1 January 2003 as the Act's commencement date in Tasmania. Mechanically, that is the date the Act's legal effects begin.\n\nThe stated action brings the Act into force; from that date state agencies and persons covered by the Act must comply, and the Department of Justice and Industrial Relations administers the proclamation (s 2; Gazette notification)."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"Currency of version / Status Information","severity":"medium","reasoning":"A file last modified 26 February 2025 cannot have been verified as current as of 8 April 2026 at the time of modification. The system is asserting currency to a future date it cannot have confirmed, undermining the reliability of the currency statement.","confidence":0.72,"description":"The legislation claims to be 'current from 25 December 2002 to date (accessed 8 April 2026 at 3:04)' but the access date of 8 April 2026 is a future date relative to any plausible drafting or review date, and the file was last modified 26 February 2025. This creates a temporal paradox where the 'current' version purports to have been accessed at a date that had not yet occurred at the time of last modification."},{"type":"self_contradicting","section":"Status Information / Currency of version","severity":"low","reasoning":"The 3-working-day update commitment implies the file modification date tracks legislative changes, but a modification on 26 February 2025 is inconsistent with a currency start date that has not moved from 25 December 2002, suggesting either an undisclosed amendment or an administrative action not reflected in the currency date.","confidence":0.65,"description":"The instrument states legislation is 'usually updated within 3 working days after a change to the legislation,' yet the proclamation itself has been unchanged since 25 December 2002 while the file was last modified 26 February 2025. This creates an unexplained gap: if no amendment occurred, why was the file modified in 2025, and if an amendment did occur, why is the currency date still 2002?"},{"type":"impossible_compliance","section":"Document structure / Headings","severity":"high","reasoning":"A proclamation under the Terrorism (Commonwealth Powers) Act 2002 must, by definition, make a declaration referencing the Commonwealth's anti-terrorism legislative powers. A proclamation with no operative text cannot achieve any legal effect, making compliance with or reliance upon it impossible. The absence of any substantive content means the instrument is legally meaningless on its face.","confidence":0.88,"description":"The proclamation contains massively duplicated headings and section titles (e.g., 'Proclamation under the Terrori Proclamation under the Terrorism (Commonwealth Powers) Act 2002' appearing multiple times, 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). The instrument has no substantive operative provisions whatsoever in the text provided, rendering it a proclamation that proclaims nothing."},{"type":"other","section":"Responsible Minister and Department","severity":"medium","reasoning":"Ministerial responsibility for a terrorism powers proclamation should be fixed at the time of making. A floating reference to whichever minister is currently responsible means accountability for the original exercise of power cannot be definitively assigned from the instrument itself, which is logically inconsistent with the instrument purporting to be a fixed, dated proclamation.","confidence":0.6,"description":"The responsible minister is identified only by cross-reference to 'the latest Administrative Arrangement Order,' with no fixed identification within the instrument itself. For a proclamation dealing with terrorism powers — a constitutionally significant referral of legislative power — the absence of a named responsible minister within the instrument creates an accountability vacuum that shifts depending on which Administrative Arrangement Order is 'latest' at any given time."}],"contradictions":[{"severity":"medium","section_a":"File last modified 26 February 2025","section_b":"Version current from 25 December 2002 to date (accessed 8 April 2026 at 3:04)","confidence":0.75,"description":"The file modification date (26 February 2025) and the access date asserted in the currency statement (8 April 2026) are mutually inconsistent. A file modified on 26 February 2025 cannot, at that moment of modification, have confirmed its currency as of 8 April 2026, a date more than 13 months in the future."},{"severity":"low","section_a":"Table of Amending Instruments — (click to view Table of Amendments)","section_b":"Version current from 25 December 2002 to date","confidence":0.58,"description":"The existence of a Table of Amending Instruments implies that amendments have been made to this instrument. However, if the currency date runs from 25 December 2002 without any updated commencement date, this is contradictory — either amendments have been made (in which case the currency start date should reflect the most recent amendment) or no amendments have been made (in which case a Table of Amending Instruments is vacuous and misleading)."}]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The proclamation appears to have remained unchanged since its commencement on 25 December 2002. Its scope is narrow and specific — formally activating Tasmania's referral of terrorism legislative powers to the Commonwealth — and there is no indication from the available text that its scope has shifted from that original constitutional/administrative purpose."},"complexity_factors":["Requires understanding of Australian constitutional law, specifically the federal 'referral of powers' mechanism under section 51(xxxvii) of the Constitution","The document itself contains very little substantive content — complexity arises from the broader legal context it operates within rather than the text itself","Cross-jurisdictional nature (state law activating federal legislative power) can be confusing without background knowledge","Minimal text is available in the provided excerpt, limiting full analysis"],"plain_english_summary":"This Tasmanian proclamation, made under the Terrorism (Commonwealth Powers) Act 2002, formally gives effect to Tasmania’s referral of terrorism law-making power to the Commonwealth. Its practical effect is administrative: it enables the federal terrorism provisions (in the Criminal Code framework) to apply in Tasmania to all Tasmanians and has been in force since 25 December 2002."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument performing exactly the function intended — bringing the parent Act into force on a specified date. No scope creep."},"complexity_factors":["Single operative provision (fixing a commencement date)","No defined terms","No cross-references to other legislation beyond citation of the parent Act","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 law into force.\n\n**What it does:**\n- Sets **1 January 2003** as the date when Tasmania's *Terrorism (Commonwealth Powers) Act 2002* officially starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (the Queen's representative at state level), acting on advice from the **Executive Council** (the Premier and senior ministers).\n\n**Why it matters:**\n- Laws passed by Parliament don't always take effect immediately. This document flips the switch, making the terrorism laws legally active from New Year's Day 2003.\n- The Act itself was part of a national scheme where all states and territories referred powers to the Commonwealth to allow uniform national counter-terrorism laws after the 9/11 attacks.\n\n**Key details:**\n- Signed: 23 December 2002\n- Published in the *Gazette* (official government newspaper): 25 December 2002\n- Administered by: Department of Justice and Industrial Relations"}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-terrorism-commonwealth-powers-act-2002","history":"/api/acts/proclamation-under-the-terrorism-commonwealth-powers-act-2002/history","analysis":"/api/acts/proclamation-under-the-terrorism-commonwealth-powers-act-2002/analysis","conflicts":"/api/acts/proclamation-under-the-terrorism-commonwealth-powers-act-2002/conflicts","importantCases":"/api/acts/proclamation-under-the-terrorism-commonwealth-powers-act-2002/important-cases","documents":"/api/acts/proclamation-under-the-terrorism-commonwealth-powers-act-2002/documents"}}