{"id":"tas:sr-2006-097","name":"Proclamation under the Trustee Legislation (Miscellaneous Amendments) Act 2006","slug":"proclamation-under-the-trustee-legislation-miscellaneous-amendments-act-2006","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"97 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":317675,"registerId":"tas-tas:sr-2006-097-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Trustee Legislation (Miscellaneous Amendments) Act 2006","content":"> Proclamation under the Trustee Legislation (Miscellaneous Amendments) Act 2006\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-2006-009#GS2@EN) [Trustee Legislation (Miscellaneous Amendments) Act 2006](/view/html/inforce/2026-04-12/act-2006-009) fix 1 October 2006 as the day on which that Act commences.\n\n18 September 2006\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 27 September 2006\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 strictly fixes the commencement date authorised by section 2; it does not modify the substantive scope or content of the underlying Act, add conditions, or extend operation beyond what the Act permits. Its sole practical effect is to bring the Act's amendments into force on 1 October 2006."},"complexity_factors":["Narrow subject-matter: instrument only appoints a commencement date (low substantive change).","Statutory authority: made under section 2 of the Trustee Legislation (Miscellaneous Amendments) Act 2006 (explicit legal power reduces ambiguity).","Fixed-date certainty: a single fixed commencement date (reduces operational complexity).","Limited affected parties: primarily trustees, beneficiaries, advisers and courts in Tasmania (concentrated stakeholder set).","Administrative formality: proclamation mechanism is procedural rather than substantive.","Low litigation risk from the proclamation text itself, though substantive Act may create compliance issues."],"plain_english_summary":"This proclamation fixes 1 October 2006 as the day the Trustee Legislation (Miscellaneous Amendments) Act 2006 starts to operate in Tasmania. It is made by the Governor under section 2 of that Act.\n\nWho is affected: trustees, beneficiaries, legal advisers and courts in Tasmania, who must follow the Act’s amendments from that date. The decision-maker is the Governor acting with Executive Council; compliance and administrative adjustment costs fall chiefly on trustees and their advisers."},"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 an Act into force on a specified date. No scope creep."},"complexity_factors":["Single operative provision (fixing the commencement date)","No defined terms","No cross-references to other legislation (except 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 effect.\n\n**What it does:**\n- Sets **1 October 2006** as the date when the *Trustee Legislation (Miscellaneous Amendments) Act 2006* starts operating.\n- Without this proclamation, the Act would remain dormant — passed by Parliament but not yet legally active.\n\n**Who it affects:**\n- Anyone dealing with trusts in Tasmania (the Act updates various trustee laws).\n- Lawyers, trustees, and beneficiaries who need to know when the new rules apply.\n\n**Why it matters:**\n- Laws often pass Parliament but don't start immediately. This document officially \"switches on\" the Act, giving everyone certainty about when the changes take effect."},"issue_detection":{"absurdities":[{"type":"other","section":"Title/Header","severity":"low","reasoning":"While likely a formatting or publishing artefact, the quadruple repetition of the title 'Proclamation under the Trustee Legislation (Miscellaneous Amendments) Act 2006' could create ambiguity as to which iteration constitutes the operative title for citation purposes.","confidence":0.6,"description":"The title of the proclamation is repeated four times verbatim across the document header, creating redundant and potentially confusing authoritative references."},{"type":"self_contradicting","section":"Status Information / Currency of version","severity":"medium","reasoning":"An instrument described as current and unmodified from its commencement date of 27 September 2006 should not bear a file modification date of 5 July 2017 unless the document itself was administratively altered. The metadata is internally inconsistent — either the instrument was modified in 2017 (which is not disclosed in the amending instruments table reference) or the modification date reflects a purely administrative change that is not explained.","confidence":0.72,"description":"The document states it is 'current from 27 September 2006 to date (accessed 8 April 2026 at 2:39)' yet the 'File last modified' date is listed as 5 July 2017. If the instrument has been current and unchanged since 2006, a 2017 modification date is unexplained."},{"type":"other","section":"Status Information (duplicated sections)","severity":"low","reasoning":"Systematic duplication of every subsection heading suggests a structural/rendering error in the consolidation process. While likely a publishing defect rather than a legislative flaw, it raises a genuine question about which instance of each section is the operative one and whether any substantive divergence exists or could emerge between the duplicate instances.","confidence":0.65,"description":"Every heading and section within the Status Information block is duplicated — each appears twice with identical text. This includes 'Currency of version', 'Table of Amending Instruments', 'Responsible Minister and Department', and 'Authorisation'."},{"type":"impossible_compliance","section":"Currency of version","severity":"low","reasoning":"A statement in a legal instrument about update timelines qualified by 'usually' creates an unenforceable and legally meaningless standard. Users relying on the site for authoritative consolidated law may act on a version that is outdated by more than 3 working days with no remedy available.","confidence":0.7,"description":"The legislation states it is 'usually updated within 3 working days after a change to the legislation' but provides no mechanism, obligation, or enforcement pathway to ensure this occurs. The word 'usually' renders this a non-binding aspiration with no legal consequence for non-compliance."}],"contradictions":[{"severity":"medium","section_a":"Currency of version — 'current from 27 September 2006 to date'","section_b":"Authorisation — 'File last modified 5 July 2017'","confidence":0.74,"description":"The currency statement implies the instrument has remained unchanged and current since 27 September 2006, but the authorisation block discloses a file modification date of 5 July 2017, approximately 11 years after commencement. These two statements cannot simultaneously be true without further explanation."},{"severity":"medium","section_a":"Table of Amending Instruments — hyperlink to amendments table","section_b":"Currency of version — 'current from 27 September 2006 to date'","confidence":0.65,"description":"The document provides a clickable link to a 'Table of Amendments', implying amendments may exist, while simultaneously representing the instrument as continuously current from its original 2006 commencement date with no apparent break or substitution. If no amendments exist, the table link is superfluous; if amendments do exist, the currency statement is misleading."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation is a narrow instrument with a fixed purpose: to bring an Act or provisions into force on a specified date. There is no indication of scope change from the original legislative intent. The Proclamation simply activates the Trustee Legislation (Miscellaneous Amendments) Act 2006 as passed."},"complexity_factors":["Document is a procedural Proclamation only — it contains no substantive legal rules itself","The underlying Act involves trust law, which can be technical, but the Proclamation does not reproduce those provisions","Minimal text available for analysis — the document is largely metadata and status information rather than operative legal content","No cross-referencing of complex provisions required to understand this document's purpose"],"plain_english_summary":"This Proclamation declares the commencement date (27 September 2006) for the Trustee Legislation (Miscellaneous Amendments) Act 2006. It simply brings a package of technical updates to Tasmania’s trustee laws into force.\n\nIt affects trustees, beneficiaries, legal advisers and the Public Trustee by confirming when the amended trustee rules began to apply."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-trustee-legislation-miscellaneous-amendments-act-2006","history":"/api/acts/proclamation-under-the-trustee-legislation-miscellaneous-amendments-act-2006/history","analysis":"/api/acts/proclamation-under-the-trustee-legislation-miscellaneous-amendments-act-2006/analysis","conflicts":"/api/acts/proclamation-under-the-trustee-legislation-miscellaneous-amendments-act-2006/conflicts","importantCases":"/api/acts/proclamation-under-the-trustee-legislation-miscellaneous-amendments-act-2006/important-cases","documents":"/api/acts/proclamation-under-the-trustee-legislation-miscellaneous-amendments-act-2006/documents"}}