{"id":"tas:sr-2007-006","name":"Proclamation under the Terrorism (Preventative Detention) Act 2005","slug":"proclamation-under-the-terrorism-preventative-detention-act-2005","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"6 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315978,"registerId":"tas-tas:sr-2007-006-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Terrorism (Preventative Detention) Act 2005","content":"> Proclamation under the Terrorism (Preventative Detention) Act 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-2005-071#GS2@EN) [Terrorism (Preventative Detention) Act 2005](/view/html/inforce/2026-04-12/act-2005-071) fix 1 March 2007 as the day on which that Act commences.\n\n19 February 2007\n\nW. J. E. COX\n\nGovernor\n\nBy His Excellency's Command,\n\nSTEVEN KONS\n\nMinister for Justice and Workplace 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 28 February 2007\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not amend or expand the Act’s substantive provisions; it merely activates the Terrorism (Preventative Detention) Act 2005 by fixing its commencement date under section 2, bringing the Act into force in Tasmania on 1 March 2007."},"complexity_factors":["Single, discrete legal effect: fixes a commencement date rather than creating or amending substantive law","Formal statutory basis: issued under section 2 of the Terrorism (Preventative Detention) Act 2005","Low procedural complexity: signed by Governor and Minister, notified in the Gazette","Administrative detail only: identifies administering agency (Department of Justice)","Minimal cross-references and no conditional provisions or transitional arrangements"],"plain_english_summary":"This proclamation fixes 1 March 2007 as the day the Terrorism (Preventative Detention) Act 2005 begins to operate in Tasmania and its dependencies. The Governor, acting with the advice of the Executive Council under section 2 of the Act, made and notified the proclamation; the instrument is administered by the Department of Justice. From that date the Act’s legal powers and obligations become operative in the State."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"There is insufficient substantive content in this instrument to determine any scope change. The proclamation appears to serve its intended narrow administrative function of activating or confirming provisions under the parent Act, consistent with its original purpose."},"complexity_factors":["The document itself is extremely brief and contains almost no operative text — it is a skeletal administrative instrument","Its legal significance depends entirely on understanding the parent Act (Terrorism (Preventative Detention) Act 2005), which is itself complex","Proclamations as a legislative form are unfamiliar to most laypeople","The counter-terrorism legal framework involves multiple layers of Commonwealth and State legislation that interact with each other","Minimal metadata is available to confirm exactly what specific provisions were proclaimed, adding interpretive uncertainty"],"plain_english_summary":"This proclamation formally brings parts of Tasmania’s Terrorism (Preventative Detention) Act 2005 into operation, activating the state’s preventative detention regime. It is an administrative “switch” rather than a substantive legal text.\n\nIt affects Tasmanians by authorising police and authorities to detain people suspected of terrorism-related activity without charge for a limited time, while retaining statutory safeguards such as access to a lawyer and judicial oversight."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"This is more of a metadata inconsistency than a legal absurdity. The proclamation appears to have had no amendments or modifications since 2017, yet the currency statement implies ongoing relevance to 2026. Without substantive content visible in the document, it is impossible to assess whether the underlying Act provisions it activates remain coherent.","confidence":0.5,"description":"The document states it is 'current from 28 February 2007 to date (accessed 8 April 2026 at 1:57)' while also stating 'File last modified 5 July 2017'. A proclamation that has not been modified since 2017 but is described as current to 2026 with no substantive content visible raises the question of what exactly remains current."},{"type":"impossible_compliance","section":"Document Structure - Entire Instrument","severity":"high","reasoning":"A proclamation under a preventative detention regime is the trigger mechanism for extraordinary powers to detain individuals without charge. If the operative content is absent, the instrument cannot fulfil its legal function. Any detention purportedly authorised under a contentless proclamation would be legally void, yet the instrument is presented as current law.","confidence":0.7,"description":"The proclamation contains no substantive operative provisions whatsoever. A proclamation under the Terrorism (Preventative Detention) Act 2005 is a legally operative instrument that must specify the terrorist act or threat, the period of operation, and the grounds for activation. None of these elements appear in the reproduced text."},{"type":"other","section":"Status Information - Currency of version","severity":"medium","reasoning":"Proclamations activating coercive state powers must be identified with precision. Multiple repetitions of a truncated title ('Terrori') throughout the document undermine the formal certainty required for instruments that authorise deprivation of liberty. A court could find the instrument fails to meet the formality requirements of a valid proclamation.","confidence":0.45,"description":"The document is simultaneously described as 'Proclamation under the Terrori Proclamation under the Terrorism (Preventative Detention) Act 2005' - a truncated and duplicated title appearing multiple times. A proclamation activating emergency detention powers with an internally malformed title creates ambiguity about which instrument is actually in force."}],"contradictions":[{"severity":"low","section_a":"Status Information - 'Version current from 28 February 2007 to date (accessed 8 April 2026 at 1:57)'","section_b":"Authorisation - 'File last modified 5 July 2017'","confidence":0.55,"description":"The currency statement asserts the version is current 'to date' implying ongoing legal effect through 2026, while the authorisation block records no modification since 2017. If the file has not been modified since 2017, the claim that legislation is 'usually updated within 3 working days after a change' is either inapplicable or contradicts the implication of currency."},{"severity":"medium","section_a":"Header - 'Proclamation under the Terrorism (Preventative Detention) Act 2005'","section_b":"Table of Amending Instruments - '(click to view Table of Amendments)'","confidence":0.6,"description":"A proclamation is typically a one-time executive instrument that activates specific emergency powers for a defined period. The existence of a Table of Amendments implies the proclamation has been amended over time, which is logically inconsistent with the nature of a terrorism preventative detention proclamation — such instruments either lapse, are revoked, or continue unchanged; they are not typically subject to iterative amendment like primary legislation."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement instrument with a single, narrow purpose. It has not expanded beyond its original function of bringing the parent Act into force."},"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 following long-established conventions","Total length: 4 substantive sentences"],"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 March 2007** as the date when Tasmania's *Terrorism (Preventative Detention) Act 2005* officially starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (W. J. E. Cox), acting on advice from the **Executive Council** (the Premier and senior ministers).\n- Signed off by **Steven Kons**, the Minister for Justice and Workplace Relations.\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically take effect. Someone with authority (usually the Governor or Governor-General) must formally \"turn them on\" by naming a start date.\n- This proclamation activates a controversial law allowing **preventative detention** — holding people without charge for up to 14 days if police suspect they're involved in terrorism. This was part of a national scheme agreed by all Australian states and territories after the 2005 London bombings.\n\n**Key point:** Without this document, the Act would remain a dead letter — passed but unenforceable."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-terrorism-preventative-detention-act-2005","history":"/api/acts/proclamation-under-the-terrorism-preventative-detention-act-2005/history","analysis":"/api/acts/proclamation-under-the-terrorism-preventative-detention-act-2005/analysis","conflicts":"/api/acts/proclamation-under-the-terrorism-preventative-detention-act-2005/conflicts","importantCases":"/api/acts/proclamation-under-the-terrorism-preventative-detention-act-2005/important-cases","documents":"/api/acts/proclamation-under-the-terrorism-preventative-detention-act-2005/documents"}}