{"id":"tas:sr-2021-115","name":"Proclamation under the Traffic Amendment (Personal Mobility Devices) Act 2021","slug":"proclamation-under-the-traffic-amendment-personal-mobility-devices-act-2021","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"115 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182481,"registerId":"tas-tas:sr-2021-115-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Traffic Amendment (Personal Mobility Devices) Act 2021","content":"> Proclamation under the Traffic Amendment (Personal Mobility Devices) Act 2021\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 [Traffic Amendment (Personal Mobility Devices) Act 2021](/view/html/inforce/2026-04-12/act-2021-029) fix 15 December 2021 as the day on which that Act commences.\n\n13 December 2021\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nMICHAEL DARREL JOSEPH FERGUSON\n\nMinister for Infrastructure and Transport\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 14 December 2021\n\nThis proclamation is administered in the Department of State Growth.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation of this type is a standard administrative instrument with a narrow, fixed purpose: to set a commencement date. There is no indication of scope change from the original intent of the enabling Act."},"complexity_factors":["This is a Proclamation only — it contains no substantive legal rules itself, just activates another Act","Very short instrument with minimal operative content","The underlying Act (Traffic Amendment (Personal Mobility Devices) Act 2021) carries the actual complexity, not this document","Limited metadata available — specific commencement provisions and full text of the underlying Act are not reproduced here"],"plain_english_summary":"This Proclamation brings the Traffic Amendment (Personal Mobility Devices) Act 2021 into force in Tasmania, making the new legal framework for e-scooters, e-skateboards and similar PMDs legally enforceable from 14 December 2021. It affects PMD riders, pedestrians sharing paths, councils and police by clarifying where and how these devices may be used."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"A proclamation that has been modified but contains no discernible substantive content beyond metadata cannot logically confirm its own currency. The modification date of 9 April 2025 implies a change occurred, yet the document presents as static and unchanged since 2021, making the currency assertion internally unverifiable.","confidence":0.55,"description":"The proclamation states it is 'current from 14 December 2021 to date' while simultaneously stating the 'File last modified 9 April 2025', yet no amending instrument or substantive change is disclosed in the body of the proclamation to explain this modification, creating an unverifiable currency claim."},{"type":"other","section":"Status Information – Update Commitment","severity":"low","reasoning":"If the 3-working-day update commitment is a represented standard of the publishing authority, a 12-month gap between the last file modification and the access date — with no further updates recorded — is facially inconsistent with that commitment, though it could be explained by no legislative changes occurring in that period.","confidence":0.4,"description":"The document states legislation is 'usually updated within 3 working days after a change', yet the file was last modified 9 April 2025 while the access date recorded is 5 April 2026 — nearly a full year after the last modification with no indication of any intervening update, potentially breaching the stated 3-working-day standard without explanation."},{"type":"impossible_compliance","section":"Whole Document","severity":"high","reasoning":"A proclamation under an Act exists solely to bring provisions into force or to declare a date. Without any operative clause identifying which provisions commence and when, the instrument cannot fulfil its legal function. Any regulated person or enforcement body would have no legally operative text to comply with or enforce, rendering the instrument self-defeating.","confidence":0.72,"description":"The proclamation purports to be operative legislation but contains no operative provisions whatsoever — no commencement date is proclaimed, no sections of the parent Act are brought into force, and no substantive legal effect is identifiable from the text provided. A proclamation with no proclaimed content is a legal nullity."}],"contradictions":[{"severity":"low","section_a":"Currency of version – 'current from 14 December 2021 to date'","section_b":"Authorisation – 'File last modified 9 April 2025'","confidence":0.6,"description":"The version currency claim implies the instrument is unchanged and current in its original form since 14 December 2021, while the file modification date of 9 April 2025 indicates a change was made approximately 3 years and 4 months after commencement. These two statements are in tension: either the instrument changed (contradicting implied continuity) or the modification date reflects a non-substantive administrative update, which is not disclosed."},{"severity":"medium","section_a":"Table of Amending Instruments – implied existence of amendments (clickable link provided)","section_b":"Currency of version – 'current from 14 December 2021 to date' with no amendment history disclosed in body","confidence":0.65,"description":"The provision of a 'Table of Amendments' link implies one or more amending instruments exist, which contradicts the implication of the currency statement that the instrument is current in its original unamended form from 14 December 2021. The body of the proclamation discloses no amendments, creating an irreconcilable ambiguity about the true current state of the law."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which by definition has a narrow, single-purpose scope: to bring an Act into force. 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 and Rules Publication Act in administrative notes)","No conditional logic or exceptions","Standard proclamation format — essentially a template document with blanks filled in"],"plain_english_summary":"This is a formal government notice (called a 'proclamation') that sets the start date for a new Tasmanian law about personal mobility devices — things like e-scooters and e-skateboards.\n\n**What it does:**\n- **Fixes the commencement date** of the *Traffic Amendment (Personal Mobility Devices) Act 2021* as **15 December 2021**\n- This means the new rules for personal mobility devices became active law on that date\n\n**Who it affects:**\n- Anyone who rides or owns e-scooters, e-skateboards, or similar devices in Tasmania\n- Road users who share paths and roads with these devices\n- Local councils and police who enforce traffic rules\n\n**Why it matters:**\nWithout this proclamation, the Act would sit on the shelf unused. The Governor (acting on ministerial advice) had to formally 'turn on' the law by picking a start date. This proclamation did exactly that — making e-scooter rules enforceable from mid-December 2021."},"flash_summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the content, scope or obligations of the Traffic Amendment (Personal Mobility Devices) Act 2021; it only sets the Act’s commencement date (15 December 2021) under the authority of section 2 and records administrative details (making date, Gazette notification, administering department)."},"complexity_factors":["Single, discrete action: fixes a commencement date only.","Power exercised under a single statutory provision (s2) referenced in the proclamation.","No substantive regulatory or operative provisions included—no operational detail, exemptions, or compliance mechanisms set out.","Simple administrative metadata included (dates of making and Gazette notification, administering department).","Low stakeholder decision-space and discretion in the text itself."],"plain_english_summary":"This proclamation sets 15 December 2021 as the day the Traffic Amendment (Personal Mobility Devices) Act 2021 begins to operate, pursuant to section 2 of that Act. The Governor, acting with Executive Council advice, made the proclamation on 13 December 2021; it was notified in the Gazette on 14 December 2021 and is administered by the Department of State Growth. From 15 December 2021, persons and organisations covered by traffic law for personal mobility devices must comply with the Act’s provisions."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-traffic-amendment-personal-mobility-devices-act-2021","history":"/api/acts/proclamation-under-the-traffic-amendment-personal-mobility-devices-act-2021/history","analysis":"/api/acts/proclamation-under-the-traffic-amendment-personal-mobility-devices-act-2021/analysis","conflicts":"/api/acts/proclamation-under-the-traffic-amendment-personal-mobility-devices-act-2021/conflicts","importantCases":"/api/acts/proclamation-under-the-traffic-amendment-personal-mobility-devices-act-2021/important-cases","documents":"/api/acts/proclamation-under-the-traffic-amendment-personal-mobility-devices-act-2021/documents"}}