{"id":"tas:sr-2022-021","name":"Proclamation under the Waste and Resource Recovery Act 2022","slug":"proclamation-under-the-waste-and-resource-recovery-act-2022","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"21 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179544,"registerId":"tas-tas:sr-2022-021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Waste and Resource Recovery Act 2022","content":"> Proclamation under the Waste and Resource Recovery Act 2022\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 [Waste and Resource Recovery Act 2022](/view/html/inforce/2026-04-12/act-2022-006) fix 1 July 2022 as the day on which Parts 3 and 4 of that Act commence.\n\n2 May 2022\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nR. C. JAENSCH\n\nMinister for Environment and Climate Change\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 11 May 2022\n\nThis proclamation is administered in the Department of Natural Resources and Environment Tasmania.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The 'usually updated within 3 working days' qualifier undermines the reliability of the 'current to date' representation. A user accessing the document at any given moment cannot confirm whether they are within or outside that 3-working-day window, making the currency guarantee inherently unverifiable by the reader.","confidence":0.55,"description":"The proclamation states it is 'current from 11 May 2022 to date' while simultaneously stating 'legislation on this site is usually updated within 3 working days after a change.' A proclamation with no amending instruments shown yet subject to an amendments table creates an implicit tension: if no amendments exist, the 3-working-day update promise is meaningless; if amendments exist, the 'to date' currency claim may be unreliable."},{"type":"impossible_compliance","section":"Document Structure - Entire Proclamation","severity":"high","reasoning":"Under Tasmanian legislative drafting conventions and the Acts Interpretation Act 1931 (Tas), a valid proclamation must identify the Act being commenced, the date of commencement, and bear proper executive authority. An instrument that omits all operative content is legally void on its face, yet is presented as a current, valid legislative instrument on the official Tasmanian legislation website.","confidence":0.82,"description":"The proclamation purports to give effect to the Waste and Resource Recovery Act 2022 but contains no operative clauses whatsoever. A proclamation is a legal instrument whose sole purpose is to bring an Act or provisions of an Act into force on a specified date. This document contains only metadata, status information, and navigation elements — no commencement date is proclaimed, no provisions are specified, and no Governor's signature or seal is referenced in the text. The instrument therefore cannot perform its stated legal function."},{"type":"retroactive_impossibility","section":"Table of Amending Instruments","severity":"medium","reasoning":"If a commencement proclamation is amended to alter the date on which an Act commenced, legal rights and obligations that accrued under the original commencement date are thrown into uncertainty. The existence of an amendments table for this class of instrument invites precisely this problem without any savings or transitional mechanism being visible in the document.","confidence":0.48,"description":"The instrument provides a hyperlink to a 'Table of Amendments' for a proclamation. Proclamations are typically single-use instruments that bring an Act into force on one date — they are not ordinarily capable of amendment in a meaningful sense. An amendable proclamation that changes a commencement date retroactively would create retroactive impossibility: conduct or obligations arising from the original commencement date could be retrospectively invalidated."}],"contradictions":[{"severity":"medium","section_a":"Currency of version — 'Version current from 11 May 2022 to date (accessed 5 April 2026 at 14:41)'","section_b":"Authorisation — 'File last modified 11 May 2022'","confidence":0.72,"description":"The document simultaneously claims to be 'current to date' (implying it reflects the latest state of the law as of 5 April 2026) and states the underlying file was last modified on 11 May 2022. If the file has not been modified in approximately four years, it cannot reliably be described as reflecting the current state of the instrument, particularly given that an amendments table exists and the 3-working-day update policy is advertised."},{"severity":"medium","section_a":"Status Information — 'Legislation on this site is usually updated within 3 working days after a change to the legislation'","section_b":"Table of Amending Instruments — existence of a clickable amendments table","confidence":0.63,"description":"The presence of an amendments table implies amendments have been or may be made, which triggers the 3-working-day update obligation. However, the file modification date of 11 May 2022 suggests no updates have been applied since original publication. If amendments exist in the table but are not reflected in the file, the site is in breach of its own stated update policy. If no amendments exist, the amendments table is a misleading structural element."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement instrument performing exactly the function intended — bringing specified provisions into force on a fixed date. No scope creep."},"complexity_factors":["Single operative provision (fixing a commencement date)","No defined terms","No cross-references to other legislation (except citation of the parent Act)","No conditional logic or exceptions","Standard ceremonial/formulaic language only"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings specific parts of a law into force.\n\n**What it does:**\n- Activates **Parts 3 and 4** of the *Waste and Resource Recovery Act 2022* (Tasmania)\n- Sets the start date as **1 July 2022**\n\n**Who made it:**\n- The **Governor of Tasmania** (acting on advice from the Executive Council, which is the formal body of senior ministers)\n- Signed by Governor B. Baker and Minister R.C. Jaensch (Environment and Climate Change)\n\n**Why it matters:**\nLaws often pass through Parliament in one piece, but different sections start on different dates. This proclamation is the \"on switch\" for the operational parts of Tasmania's waste management law — likely covering waste reduction schemes, resource recovery programs, and possibly container deposit or similar recycling systems. Without this proclamation, those parts of the Act would sit dormant.\n\n**Key takeaway:** This isn't the law itself — it's the official trigger that makes two major sections of the waste law actually start working."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"There is no evidence of scope change. This Proclamation appears to serve its original and narrow purpose of formally commencing the Waste and Resource Recovery Act 2022, consistent with standard Tasmanian legislative practice. No amendments to the Proclamation are indicated beyond the original file date of 11 May 2022."},"complexity_factors":["Extremely limited substantive content — the document is largely a formal commencement notice rather than substantive legislation","Requires understanding of the relationship between a Proclamation and its parent Act (the Waste and Resource Recovery Act 2022)","No operative provisions, definitions, or obligations are set out in the Proclamation itself","Repeated metadata/formatting artefacts in the source text make it harder to identify actual legal content"],"plain_english_summary":"This Proclamation by the Governor of Tasmania formally commenced the Waste and Resource Recovery Act 2022 on 11 May 2022, making the Act enforceable. It’s an administrative step that activates the law governing waste management and resource recovery across Tasmania.\n\nIt directly affects households, businesses, councils and waste industry operators by putting the Act’s framework and obligations into force."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the legal scope or content of the Waste and Resource Recovery Act 2022; it only sets the commencement date for Parts 3 and 4 under the authority of section 2. It therefore implements, rather than alters, the Act’s substantive reach and assigns administration to the named department."},"complexity_factors":["Narrow legal effect: the instrument only fixes a commencement date for specified Parts of the Act (proclamation under s 2).","No substantive policy content within the proclamation itself; substantive obligations are in Parts 3 and 4 of the Act.","Low discretion: the Governor’s proclamation under s 2 is a formal power to set commencement, not to change obligations.","Administrative consequence: brings enforcement and compliance responsibilities to the named department (Department of Natural Resources and Environment Tasmania).","Costs concentrated on regulated entities once the Parts commence (compliance and potential enforcement costs)."],"plain_english_summary":"This proclamation, made by the Governor under section 2, fixes 1 July 2022 as the day Parts 3 and 4 of the Waste and Resource Recovery Act 2022 come into force. After that date, entities regulated by those Parts must meet the statutory duties those Parts contain, and the Department of Natural Resources and Environment Tasmania administers and enforces them, producing compliance and administrative costs for affected parties."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-waste-and-resource-recovery-act-2022","history":"/api/acts/proclamation-under-the-waste-and-resource-recovery-act-2022/history","analysis":"/api/acts/proclamation-under-the-waste-and-resource-recovery-act-2022/analysis","conflicts":"/api/acts/proclamation-under-the-waste-and-resource-recovery-act-2022/conflicts","importantCases":"/api/acts/proclamation-under-the-waste-and-resource-recovery-act-2022/important-cases","documents":"/api/acts/proclamation-under-the-waste-and-resource-recovery-act-2022/documents"}}