{"id":"tas:sr-2004-008","name":"Proclamation under the Residential Tenancy Amendment Act 2003","slug":"tas-sr-2004-008","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"8 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318158,"registerId":"tas-tas:sr-2004-008-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Residential Tenancy Amendment Act 2003","content":"> Proclamation under the Residential Tenancy Amendment Act 2003\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-2003-067#GS2@EN) [Residential Tenancy Amendment Act 2003](/view/html/inforce/2026-04-12/act-2003-067) fix 5 March 2004 as the day on which the provisions of that Act, other than section 6, commence.\n\n23 February 2004\n\nRichard Butler\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 3 March 2004\n\nThis proclamation is administered in the Department of Justice and Industrial Relations.","sortOrder":0}],"analysis":{"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 with a single exclusion. No scope creep."},"complexity_factors":["Single operative provision: fixing a commencement date","Only one exception (section 6 excluded)","No defined terms, no cross-references to other legislation beyond citation","Standard proclamation format, 4 paragraphs total","No conditional logic or substantive legal rules"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into effect.\n\n**What it does:**\n- The Governor of Tasmania (acting on ministerial advice) has declared that most parts of the *Residential Tenancy Amendment Act 2003* will start operating on **5 March 2004**.\n- **Section 6 of that Act is excluded** — it either started earlier, starts later, or was never activated.\n\n**Who it affects:**\n- Landlords and tenants in Tasmania, whose rights and obligations under residential tenancy law changed from this date.\n- The government department responsible for administering tenancy laws.\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically take effect. This proclamation is the legal \"switch\" that turns the amendments on, giving everyone certainty about when the new rules apply.\n- Without this document, there would be confusion about whether the 2003 amendments were actually in force."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation by definition does not alter the scope of the parent legislation — it simply activates it. There is no evidence of any scope change from the original intent of the Residential Tenancy Amendment Act 2003."},"complexity_factors":["The document itself contains almost no substantive legal content — it is purely a commencement mechanism","The actual legal effect depends entirely on the parent Act (Residential Tenancy Amendment Act 2003), which is not reproduced here","Minimal operative text is visible in the provided excerpt, making independent analysis difficult","Standard proclamation format with no novel legal concepts or technical drafting complexity"],"plain_english_summary":"This proclamation by the Governor of Tasmania simply brings the Residential Tenancy Amendment Act 2003 into force on 3 March 2004. It doesn’t itself change rights or obligations, but activates the amendments that do. It affects tenants, landlords, property managers and real estate agents in Tasmania because the Act’s substantive changes take legal effect from that date."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation described as current to 2026 but with a file modification date of 2018 suggests either the instrument has genuinely not changed (benign) or that the currency claim is misleading. The metadata is internally inconsistent in implying continuous currency while the underlying file has been static for approximately 8 years of the claimed currency period.","confidence":0.55,"description":"The proclamation states it is 'current from 3 March 2004 to date (accessed 8 April 2026 at 2:51)' while simultaneously stating the file was 'last modified 4 September 2018'. This creates a temporal absurdity: the instrument purports to be current and continuously operative to 2026, yet its authoritative file has not been touched since 2018, raising questions about whether any amendments post-2018 are properly reflected."},{"type":"impossible_compliance","section":"Proclamation Header / Title Block","severity":"high","reasoning":"A proclamation is a formal instrument that must proclaim something — typically bringing an Act or provisions of an Act into operation on a specified date. The document as presented contains only metadata, header repetition, and navigation instructions, but zero operative content. If this represents the complete instrument, it fails its own legal purpose entirely. Parties relying on it to determine when the Residential Tenancy Amendment Act 2003 commenced would find no answer.","confidence":0.72,"description":"The proclamation is titled under the 'Residential Tenancy Amendment Act 2003' but the text provided contains no operative proclamation provisions whatsoever — no commencement date is proclaimed, no sections are brought into force, and no substantive content exists. A proclamation that proclaims nothing is a legal nullity on its face."},{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"The qualifier 'usually' introduces a known probability of non-currency, which directly undermines the unqualified assertion that the version is 'current from 3 March 2004 to date'. A legally sophisticated reader would identify this as a disclaimer that effectively negates the currency representation.","confidence":0.78,"description":"The statement 'Legislation on this site is usually updated within 3 working days after a change to the legislation' is qualified by 'usually', yet the currency header makes an unqualified representation that the version is 'current to date'. These two statements are in logical tension: 'usually updated' admits the possibility of not being current, while 'current to date' asserts it is definitively current."},{"type":"other","section":"Document Structure - All Headings","severity":"low","reasoning":"Legislative instruments must be clear and unambiguous. Systematic duplication of every heading could, in a strict interpretive context, raise the question of whether each section appears twice with independent operative effect, or whether only one instance governs. Courts applying a purposive interpretation would resolve this easily, but the drafting failure is nonetheless present in the authoritative published version.","confidence":0.85,"description":"Every heading in the document is duplicated verbatim (e.g., 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). While likely a rendering/markup error, if this document is the authoritative legislative instrument, the duplication of every structural element creates genuine ambiguity about which instance is operative."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version ('current from 3 March 2004 to date (accessed 8 April 2026 at 2:51)')","section_b":"Authorisation ('File last modified 4 September 2018')","confidence":0.62,"description":"The instrument claims continuous currency through to April 2026, but the authoritative file was last modified in September 2018. These two claims cannot both be fully true: either the instrument changed after 2018 (contradicting the modification date) or it did not change (raising questions about what 'current to date' meaningfully adds beyond the 2018 state)."},{"severity":"low","section_a":"Status Information - Currency ('Legislation on this site is usually updated within 3 working days')","section_b":"Status Information - Currency of version ('Version current from 3 March 2004 to date')","confidence":0.75,"description":"The hedged update commitment ('usually') directly contradicts the unqualified currency representation ('current to date'). One statement acknowledges possible staleness; the other denies it."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope or content of the Residential Tenancy Amendment Act 2003; it only sets the commencement date for its provisions (excluding section 6) and names the administering department (see proclamation text fixing 5 March 2004 and noting exclusion of section 6)."},"complexity_factors":["Very narrow legal effect — only fixes a commencement date.","Explicit exclusion of one provision (section 6), requiring cross-reference to the Act to know full effect.","Relies on section 2 as the proclamation power (administrative/legal formality).","Gazette notification and formal signatures (Governor, Minister) are required procedural steps.","Administrative responsibility identified (Department of Justice and Industrial Relations)."],"plain_english_summary":"This proclamation uses the Governor's power under section 2 of the Residential Tenancy Amendment Act 2003 to fix 5 March 2004 as the day the Act's provisions (except section 6) commence. Mechanically, the proclamation starts the operation of those provisions on that date and assigns administration to the Department of Justice and Industrial Relations, creating a clear compliance start date for whoever the Act covers."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2004-008","history":"/api/acts/tas-sr-2004-008/history","analysis":"/api/acts/tas-sr-2004-008/analysis","conflicts":"/api/acts/tas-sr-2004-008/conflicts","importantCases":"/api/acts/tas-sr-2004-008/important-cases","documents":"/api/acts/tas-sr-2004-008/documents"}}