{"id":"tas:sr-2010-155","name":"Proclamation under the Trustee Companies Amendment Act 2010","slug":"proclamation-under-the-trustee-companies-amendment-act-2010","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"155 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314871,"registerId":"tas-tas:sr-2010-155-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Trustee Companies Amendment Act 2010","content":"> Proclamation under the Trustee Companies Amendment Act 2010\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](/view/html/inforce/2026-04-12/act-2010-049#GS2@EN) of the [Trustee Companies Amendment Act 2010](/view/html/inforce/2026-04-12/act-2010-049) fix 1 January 2011 as the day on which the provisions of that Act commence.\n\n17 December 2010\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nMICHELLE O'BYRNE\n\nMinister for Health acting for and on behalf of the Minister 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 29 December 2010\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 change the content or scope of the Trustee Companies Amendment Act 2010; it simply fixes the Act's commencement to 1 January 2011 as authorised by section 2, and records administrative and notification details."},"complexity_factors":["Single-purpose instrument: sets a commencement date only (straightforward mechanism).","Statutory authority cited (section 2) — clear legal source for the action.","No substantive regulatory text or obligations in the proclamation itself (low interpretive burden).","Formal procedural elements: Governor acting with Executive Council and Gazette notification add ceremonial/formal steps.","Administrative assignment to the Department of Justice for ongoing administration.","Temporal consequence for parties governed by the Amendment Act (requires readiness by the commencement date)."],"plain_english_summary":"This proclamation, made by the Governor under section 2 of the Trustee Companies Amendment Act 2010 (s 2), fixes 1 January 2011 as the day on which the Act’s provisions commence. Mechanically, it brings that Amendment Act into force on that date; it does not itself change substantive law or impose fees. The decision to commence was made by the Governor acting with the Executive Council; the proclamation was notified in the Gazette and is administered by the Department of Justice."},"issue_detection":{"absurdities":[{"type":"other","section":"Document Structure/Header","severity":"low","reasoning":"Repetition of titles and headings throughout the document (e.g., 'Proclamation under the Trustee Proclamation under the Trustee Companies Amendment Act 2010') suggests a significant drafting or formatting error. While not a logical flaw in the substantive law, it reflects a failure of basic document integrity that could cause interpretive confusion about which heading is authoritative.","confidence":0.95,"description":"The title 'Proclamation under the Trustee Companies Amendment Act 2010' is repeated at least four times across different heading levels within the same document, serving no legal or structural purpose."},{"type":"other","section":"Status Information","severity":"low","reasoning":"The entire Status Information block, including 'Currency of version', 'Table of Amending Instruments', 'Responsible Minister and Department', and 'Authorisation', is reproduced verbatim in the document. This creates ambiguity as to which instance is the operative one and undermines the document's authority as a clean legislative instrument.","confidence":0.98,"description":"The 'Status Information' heading and its sub-sections are duplicated in their entirety, appearing twice consecutively with no variation in content."},{"type":"other","section":"Currency of version","severity":"medium","reasoning":"A Proclamation that has been file-modified in 2017 but whose currency is described as unchanged since 29 December 2010 is internally inconsistent. If the file was modified in 2017, one would expect either an amendment or an updated currency date. The discrepancy suggests either an undisclosed substantive change or a misleading currency statement.","confidence":0.72,"description":"The document states it is 'current from 29 December 2010 to date' while simultaneously noting the file was 'last modified 5 July 2017', raising a question about whether amendments occurred that are not reflected in the version date range."},{"type":"impossible_compliance","section":"Document Body","severity":"high","reasoning":"A Proclamation is a formal executive instrument used to bring legislation or specific provisions into force, appoint commencement dates, or declare specific legal facts. The absence of any operative clause means there is nothing for any person or body to comply with, rely upon, or enforce. A legislative instrument with no operative content is a legal nullity.","confidence":0.88,"description":"The Proclamation contains no operative provisions whatsoever. As reproduced, the entire substantive content of the legislative instrument is absent, rendering it legally meaningless."}],"contradictions":[{"severity":"medium","section_a":"Currency of version: 'Version current from 29 December 2010 to date'","section_b":"Authorisation: 'File last modified 5 July 2017'","confidence":0.7,"description":"The document claims an unbroken currency from 29 December 2010 to the present, but the file was modified on 5 July 2017, suggesting either an amendment without a corresponding currency update, or a non-substantive modification that is nonetheless unexplained."},{"severity":"low","section_a":"Status Information block (first instance)","section_b":"Status Information block (second instance)","confidence":0.92,"description":"The Status Information section appears twice in identical form. If both instances are treated as operative, the document contradicts itself by asserting the same legal status information through two parallel but separate textual authorities, neither of which can be definitively identified as the primary source."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument with no substantive scope. 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 substantive law (only cites the empowering section)","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 effect.\n\n**What it does:**\n- Sets **1 January 2011** as the date when the *Trustee Companies Amendment Act 2010* (Tasmania) starts operating.\n\n**Who it affects:**\n- **Trustee companies** in Tasmania — these are businesses that manage money, property, or investments on behalf of other people (like estates, trusts, or superannuation funds).\n- Anyone who uses these services or deals with these companies.\n\n**Why it matters:**\n- Laws don't automatically start working when Parliament passes them. They need a \"commencement date\" to be set, usually by the Governor (on ministerial advice).\n- This proclamation gives businesses and the public certainty about when the new rules for trustee companies apply.\n\n**Key detail:** The proclamation was signed on 17 December 2010, giving about two weeks' notice before the law took effect on New Year's Day 2011."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation by definition has no independent scope beyond activating another piece of legislation. Its purpose is purely mechanical — to commence the Trustee Companies Amendment Act 2010 — and there is no evidence of scope change from that singular intent."},"complexity_factors":["Extremely short and purely administrative in nature — no substantive legal provisions","Requires understanding of what a 'proclamation' is and how it differs from the underlying Act","Complexity lies in the underlying Trustee Companies Amendment Act (not analysed here), not this document","Minimal operative content — essentially just sets a commencement date"],"plain_english_summary":"This Proclamation formally brings the Trustee Companies Amendment Act 2010 into force in Tasmania on 29 December 2010. It activates amendments to the law governing licensed trustee companies.\n\nIt mainly affects trustee companies, the individuals who use them to manage estates or trusts, and beneficiaries — serving as the administrative \"on switch\" that makes the Amendment Act legally effective."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-trustee-companies-amendment-act-2010","history":"/api/acts/proclamation-under-the-trustee-companies-amendment-act-2010/history","analysis":"/api/acts/proclamation-under-the-trustee-companies-amendment-act-2010/analysis","conflicts":"/api/acts/proclamation-under-the-trustee-companies-amendment-act-2010/conflicts","importantCases":"/api/acts/proclamation-under-the-trustee-companies-amendment-act-2010/important-cases","documents":"/api/acts/proclamation-under-the-trustee-companies-amendment-act-2010/documents"}}