{"id":"tas:sr-2013-005","name":"Proclamation under the Water and Sewerage Industry Amendment Act 2012","slug":"proclamation-under-the-water-and-sewerage-industry-amendment-act-2012","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"5 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187778,"registerId":"tas-tas:sr-2013-005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Water and Sewerage Industry Amendment Act 2012","content":"> Proclamation under the Water and Sewerage Industry Amendment Act 2012\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-2012-032#GS2@EN) [Water and Sewerage Industry Amendment Act 2012](/view/html/inforce/2026-04-12/act-2012-032) fix 25 February 2013 as the day on which the provisions of that Act commence.\n\n4 February 2013\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nBRYAN GREEN\n\nMinister for Primary Industries and Water\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 13 February 2013\n\nThis proclamation is administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A document described as 'current to date' (2026) but with a last modification date of 2017 creates an ambiguity about whether the document is genuinely up to date or merely has not been amended. While not strictly a legislative drafting flaw, it undermines the reliability assurance the currency statement is meant to provide.","confidence":0.6,"description":"The document states it is 'current from 13 February 2013 to date (accessed 5 April 2026 at 18:45)' while simultaneously stating 'File last modified 5 July 2017'. These two claims are logically inconsistent: if the file was last modified in 2017, it cannot be reliably described as 'current to date' for access in 2026 without clarification of what 'current' means."},{"type":"impossible_compliance","section":"Entire Document","severity":"high","reasoning":"A proclamation under an amending Act exists solely to bring provisions into operation. Without specifying which provisions are commenced and when, the instrument cannot perform its sole legal function. Citizens and courts cannot ascertain what law is in force from this document.","confidence":0.75,"description":"The proclamation document as reproduced contains no substantive operative provisions whatsoever. A proclamation is a formal legal instrument that should specify which provisions of the amending Act are being proclaimed into force and the commencement date. The absence of any operative content renders the instrument analytically vacuous and potentially legally ineffective as a standalone document."},{"type":"other","section":"Entire Document - Structural Duplication","severity":"low","reasoning":"While likely a rendering or formatting error in the online publication system rather than a drafting error in the underlying instrument, the duplication nonetheless undermines the document's authority and readability as an official legal instrument. An authoritative legal document should not contain verbatim duplication of all its structural elements.","confidence":0.85,"description":"Every heading and section in the document is duplicated verbatim (e.g. 'Currency of version Currency of version', 'Authorisation Authorisation', 'Table of Amending Instruments Table of Amending Instruments'). This wholesale duplication of metadata creates an internally redundant document structure with no apparent legal purpose."}],"contradictions":[{"severity":"medium","section_a":"Status Information - Currency of version ('Version current from 13 February 2013 to date (accessed 5 April 2026 at 18:45)')","section_b":"Status Information - Authorisation ('File last modified 5 July 2017')","confidence":0.65,"description":"The document asserts currency up to the access date of 5 April 2026, implying it reflects the law as it stands at that date. However, the file was last modified on 5 July 2017, a gap of nearly nine years. If amendments occurred between 2017 and 2026 that were not captured, the currency statement would be false. If no amendments occurred, the currency statement is technically accurate but misleading in conjunction with the 2017 modification date."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the scope or content of the Water and Sewerage Industry Amendment Act 2012. It simply fixes the date on which the Act’s provisions commence under the authority of section 2 and records administrative publication and departmental responsibility."},"complexity_factors":["Single procedural action: fixes a commencement date rather than creating substantive law","Uses the enabling power in section 2 of the Water and Sewerage Industry Amendment Act 2012 (referenced in the text)","Formal procedural steps present (Governor, Executive Council, Ministerial sign-off, Gazette notification)","Impact assessment depends on the substantive content of the underlying Act, which is not reproduced here","Low interpretive ambiguity but significant for timing of compliance obligations"],"plain_english_summary":"This proclamation sets 25 February 2013 as the day the Water and Sewerage Industry Amendment Act 2012 takes effect. The Governor, acting with the Executive Council under section 2 of that Act, fixed the commencement date; the Department of Primary Industries, Parks, Water and Environment administers the proclamation. Mechanically, the Act’s provisions begin to apply to the persons and bodies covered by the Act from that date — they must observe any new legal obligations or rights the Act creates. The proclamation does not change the Act’s substance; it only sets when it starts."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation performs exactly its intended function: activating the Water and Sewerage Industry Amendment Act 2012 from a set date. There is no indication of scope change from the original intent. It is a routine administrative instrument with no expansion or narrowing of purpose."},"complexity_factors":["The document itself contains almost no substantive legal content — it is purely a commencement proclamation","To fully understand the impact, you must cross-reference the Water and Sewerage Industry Amendment Act 2012, which is a separate and likely more complex instrument","Minimal ambiguity in the proclamation itself — its sole function is administrative activation of another law","Standard Tasmanian legislative format with no unusual structural elements"],"plain_english_summary":"This Proclamation formally brings parts of the Water and Sewerage Industry Amendment Act 2012 into force from 13 February 2013. It affects Tasmanian water and sewerage users, service providers, and regulators by activating the Act’s regulatory changes.\n\nThe document is administrative only — an “on switch” confirming the amendments take legal effect on that date."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which by its nature has a narrow, single-purpose scope: to activate another Act. It has not expanded beyond this original intent."},"complexity_factors":["Single operative provision: fixes one 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 with blanks filled in"],"plain_english_summary":"This is a formal government notice (called a 'proclamation') that sets the start date for a Tasmanian law about water and sewerage services.\n\n**What it does:**\n- The *Water and Sewerage Industry Amendment Act 2012* was passed by Parliament, but it needed an official 'start date' before it could actually take effect.\n- This proclamation fixes **25 February 2013** as that start date.\n\n**Who is involved:**\n- **The Governor** (Peter G. Underwood) — the Queen's representative in Tasmania, who formally signs off on the start date.\n- **The Executive Council** — the Governor's advisory body made up of senior ministers.\n- **The Minister** (Bryan Green) — the government minister responsible for water policy.\n\n**Why it matters:**\nWithout this proclamation, the Amendment Act would remain 'on the shelf' — passed but not active. This document flips the switch, making the new water and sewerage rules legally enforceable from 25 February 2013 onwards.\n\n**Key takeaway:** This is a procedural step that brings a law to life. It doesn't create new rules itself; it simply tells everyone when the rules in the Amendment Act begin."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-water-and-sewerage-industry-amendment-act-2012","history":"/api/acts/proclamation-under-the-water-and-sewerage-industry-amendment-act-2012/history","analysis":"/api/acts/proclamation-under-the-water-and-sewerage-industry-amendment-act-2012/analysis","conflicts":"/api/acts/proclamation-under-the-water-and-sewerage-industry-amendment-act-2012/conflicts","importantCases":"/api/acts/proclamation-under-the-water-and-sewerage-industry-amendment-act-2012/important-cases","documents":"/api/acts/proclamation-under-the-water-and-sewerage-industry-amendment-act-2012/documents"}}