{"id":"tas:sr-2002-092","name":"Proclamation under the Sentencing Amendment Act 2002","slug":"tas-sr-2002-092","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"92 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318579,"registerId":"tas-tas:sr-2002-092-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Sentencing Amendment Act 2002","content":"> Proclamation under the Sentencing Amendment Act 2002\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-2002-025#GS2@EN) [Sentencing Amendment Act 2002](/view/html/inforce/2026-04-12/act-2002-025) fix 1 September 2002 as the day on which [Part 1](/view/html/inforce/2026-04-12/act-2002-025#HP1@EN) and [sections 8](/view/html/inforce/2026-04-12/act-2002-025#GS8@EN) , [9(a)](/view/html/inforce/2026-04-12/act-2002-025#GS9@Hpa@EN) , [(c)](/view/html/inforce/2026-04-12/act-2002-025#GS9@Hpc@EN) , [(d)](/view/html/inforce/2026-04-12/act-2002-025#GS9@Hpd@EN) and [12](/view/html/inforce/2026-04-12/act-2002-025#GS12@EN) of that Act commence.\n\n21 August 2002\n\nG. S. M. GREEN\n\nGovernor\n\nBy His Excellency's Command,\n\nJUDY JACKSON\n\nMinister for Justice and Industrial 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 28 August 2002\n\nThis proclamation is administered in the Department of Justice and Industrial Relations.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the content or scope of the Sentencing Amendment Act 2002. It only fixes the date on which specified parts of that Act commence, thereby making those enacted provisions operative and requiring implementation by relevant justice agencies."},"complexity_factors":["Narrow administrative purpose: instrument only fixes a commencement date rather than changing substantive law.","Cross-references to specific Parts and sections of the Sentencing Amendment Act 2002 require checking the parent Act to assess practical effects.","Operational impact depends on the substantive amendments' detail (not contained in this proclamation), which can affect court procedures and administrative processes.","Implementation responsibility assigned to the Department of Justice and courts creates modest compliance and administrative burdens.","Low discretion: proclamation mechanically triggers commencement rather than creating ongoing regulatory choices."],"plain_english_summary":"This proclamation sets the day when parts of the Sentencing Amendment Act 2002 become legally effective: it fixes 1 September 2002 as the commencement date for certain amendments to Tasmania’s sentencing laws. It affects courts, prosecutors, defence lawyers, sentenced persons and the Department of Justice, which must apply and administer the new rules from that date. It matters because it converts enacted legislative changes into operational law and creates the administrative and compliance tasks needed to apply those changes in practice."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"A proclamation of this type has no independent scope — its sole purpose is to activate another Act. There is no evidence of any change from original intent; it performs exactly the narrow administrative function such instruments are designed for."},"complexity_factors":["No substantive legal content — purely a commencement instrument","Single operative effect: setting a commencement date","No definitions, exceptions, schedules, or cross-references to interpret","Standard boilerplate government proclamation format"],"plain_english_summary":"This Proclamation by the Governor of Tasmania brings the Sentencing Amendment Act 2002 into force on 28 August 2002. It doesn’t change the law’s substance — it simply sets the date from which the amended sentencing rules must be applied by Tasmanian courts, affecting offenders, lawyers, judges and magistrates."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A file modification date of 4 September 2018 is inconsistent with an instrument described as continuously current and unmodified since 28 August 2002. Either the currency date is misleading or the modification is unexplained, creating a minor transparency issue rather than a strict logical flaw in the operative law itself.","confidence":0.55,"description":"The proclamation is described as 'current from 28 August 2002 to date (accessed 8 April 2026 at 3:07)' yet the file was last modified on 4 September 2018. If the instrument has been current and unchanged since 2002 but the file was modified in 2018, this raises a question about what was modified and whether the 'current from' date accurately reflects the instrument's true currency."},{"type":"impossible_compliance","section":"Document Structure - Entire Instrument","severity":"high","reasoning":"A proclamation with no operative text cannot fulfil its legal function. If this represents the complete instrument as published on the official Tasmanian legislation website, it is impossible for any person to determine what, if anything, the Governor proclaimed under the Sentencing Amendment Act 2002. This creates an impossible compliance scenario where the instrument purports to have legal effect but contains no discernible legal content.","confidence":0.72,"description":"The instrument as published contains no operative provisions whatsoever. A Proclamation is a legal instrument that must declare something — typically a commencement date for an Act or specific provisions. This document contains only metadata, status information, and navigational elements, rendering it legally vacuous on its face."},{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"The existence of a Table of Amending Instruments logically presupposes that amendments have been made. Describing the version as 'current from 28 August 2002' implies continuity from that original date, which is potentially misleading if substantive amendments altered the instrument after commencement.","confidence":0.5,"description":"The instrument claims to be 'current from 28 August 2002 to date' while simultaneously referencing a Table of Amending Instruments, implying amendments exist. An instrument that has been amended cannot straightforwardly be described as 'current from' its original date without qualification, as the current version may differ materially from the original."}],"contradictions":[{"severity":"low","section_a":"Status Information - File last modified 4 September 2018","section_b":"Status Information - Currency of version: current from 28 August 2002 to date","confidence":0.5,"description":"The file modification date of 4 September 2018 contradicts the implication that the instrument has been continuously current in its present form since 28 August 2002. If the file was modified in 2018, the version accessed may not be identical to the version in force since 2002, yet no amended version date is disclosed."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement proclamation performing exactly the function intended — bringing specified provisions into force. There is no scope creep; the document serves its singular, original purpose of fixing a commencement date for legislative provisions."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No conditional logic or exceptions","No cross-references to other legislation (only internal references to sections of the parent Act)","Standard proclamation format — essentially a template document","Extremely short (under 200 words of substantive content)"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings specific parts of a law into force on a particular date.\n\n**What it does:**\n- The Governor of Tasmania (acting on ministerial advice) has declared that **Part 1** and **specific sections (8, 9(a), 9(c), 9(d), and 12)** of the *Sentencing Amendment Act 2002* will start operating on **1 September 2002**.\n\n**Why this matters:**\n- Laws passed by Parliament don't always take effect immediately. This proclamation is the legal trigger that \"switches on\" these particular provisions.\n- It allows the government to control when different parts of a law come into force — sometimes to allow preparation time, sometimes to coordinate with other laws.\n\n**Who it affects:**\n- Anyone involved in the criminal justice system in Tasmania — judges, lawyers, defendants, and victims — because sentencing laws determine how criminals are punished.\n- The public generally, as these provisions change how sentencing works in the state.\n\n**Key point:** This document doesn't create new rules itself; it simply activates rules that were already written in the Amendment Act."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2002-092","history":"/api/acts/tas-sr-2002-092/history","analysis":"/api/acts/tas-sr-2002-092/analysis","conflicts":"/api/acts/tas-sr-2002-092/conflicts","importantCases":"/api/acts/tas-sr-2002-092/important-cases","documents":"/api/acts/tas-sr-2002-092/documents"}}