{"id":"tas:sr-2004-157","name":"Proclamation under the Duties Act 2001","slug":"tas-sr-2004-157","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"157 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318107,"registerId":"tas-tas:sr-2004-157-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Duties Act 2001","content":"> Proclamation under the Duties Act 2001\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 227(1)(d) of the](/view/html/inforce/2026-04-12/act-2001-015#GS227@Gs1@Hpd@EN) [Duties Act 2001](/view/html/inforce/2026-04-12/act-2001-015)  –\n\n> > (a) amend the proclamation notified in the *Gazette* on 1 July 2001 as Statutory Rules 2001, No. 76 by –\n> > \n> > > > (i) inserting in paragraph (a) the following subparagraph after subparagraph (v):\n> > > > \n> > > > > > > (va) Tasmanian Learning and Skills Authority;\n> > > \n> > > > (ii) omitting subparagraph (viii) from paragraph (a); and\n> \n> > (b) declare that this proclamation takes effect on the day on which the [Vocational Education and Training Amendment (Tasmanian Learning and Skills Authority) Act 2004](/view/html/inforce/2026-04-12/act-9999-999) commences.\n\n22 December 2004\n\nW. J. E. COX\n\nGovernor\n\nBy His Excellency's Command,\n\nP. A. LENNON\n\nTreasurer\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 29 December 2004\n\nThis proclamation is administered in the Department of Treasury and Finance.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The proclamation alters the set of entities identified in paragraph (a) of the proclamation notified as Statutory Rules 2001 No. 76 by adding the Tasmanian Learning and Skills Authority (new subparagraph (va)) and removing the former subparagraph (viii). Its legal effect depends on the text of that earlier proclamation and it only takes effect when the linked Vocational Education and Training Amendment Act 2004 commences."},"complexity_factors":["Amendment operates by targeted changes to an existing proclamation (Statutory Rules 2001 No. 76) rather than creating new standalone rules.","Precision required: inserting a new subparagraph (va) after subparagraph (v) and omitting a specific existing subparagraph (viii).","Dependence on the commencement timing of a separate Act (Vocational Education and Training Amendment (Tasmanian Learning and Skills Authority) Act 2004) for its operative date.","Use of executive power (Governor acting with advice of Executive Council) under section 227(1)(d) of the Duties Act 2001 requires checks against the earlier proclamation's text to determine practical effect.","Administrative follow-up: the Department of Treasury and Finance must update records and notify affected parties; limited substantive drafting but potential for uncertainty if the omitted subparagraph's content is not immediately checked."],"plain_english_summary":"This proclamation, made under section 227(1)(d) of the Duties Act 2001, amends a prior proclamation (Statutory Rules 2001 No. 76) by inserting “Tasmanian Learning and Skills Authority” into paragraph (a) and removing the existing subparagraph (viii). It becomes effective on the day the Vocational Education and Training Amendment (Tasmanian Learning and Skills Authority) Act 2004 commences. It therefore changes which organisations are named in that earlier proclamation and must be implemented by the Department of Treasury and Finance."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"The 'currency to date' claim and the 'last modified' date are potentially inconsistent. A file last modified in January 2025 cannot self-certify its own currency to April 2026 unless some external update mechanism applies. The document provides no mechanism to reconcile this gap, creating a logical tension in its own status claims.","confidence":0.55,"description":"The instrument states it is 'current from 1 January 2005 to date (accessed 8 April 2026 at 2:47)' while simultaneously stating 'File last modified 3 January 2025'. If the file was last modified on 3 January 2025, it cannot be reliably described as current to 8 April 2026 without independent verification."},{"type":"other","section":"Document Structure - General","severity":"high","reasoning":"A Proclamation under the Duties Act 2001 is a formal legislative instrument with legal effect. A Proclamation that contains zero operative provisions — only repeated metadata headers — is logically absurd as a legislative instrument. It cannot perform any legal function (e.g. bringing provisions into force, fixing rates, declaring dates) while containing no operative text. The document is entirely self-referential.","confidence":0.92,"description":"Every heading and section in this instrument is duplicated verbatim (e.g. 'Proclamation under the Duties Proclamation under the Duties Act 2001', 'Status Information Status Information', 'Currency of version Currency of version'). The instrument contains no operative substantive provisions whatsoever — only metadata about itself."},{"type":"circular_definition","section":"Status Information - Currency of version (repeated)","severity":"low","reasoning":"The currency disclaimer is administrative metadata about the website's update practices. Embedding it within the legislative instrument itself conflates the instrument with its publication platform, producing a mild circularity — the instrument describes how quickly it will be updated after it changes.","confidence":0.6,"description":"The statement 'Legislation on this site is usually updated within 3 working days after a change to the legislation' appears in a document that itself appears to be the legislation in question, creating a self-referential loop: the document describes the update policy for documents including itself."},{"type":"impossible_compliance","section":"Table of Amending Instruments","severity":"medium","reasoning":"An amending instrument must identify the provision it amends. If the principal instrument has no operative provisions, any amending instrument would have nothing to operate on, rendering the entire amendment history referenced by the Table of Amendments logically vacuous.","confidence":0.75,"description":"The instrument references a 'Table of Amendments' via a hyperlink but contains no primary operative provisions that could logically be amended. Amendments to a document with no substantive content are a logical impossibility."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version: 'Version current from 1 January 2005 to date (accessed 8 April 2026 at 2:47)'","section_b":"Authorisation: 'File last modified 3 January 2025'","confidence":0.6,"description":"The instrument simultaneously asserts currency up to 8 April 2026 and that its file was last modified on 3 January 2025. These two claims are in tension: if the file has not been modified since January 2025, the basis for asserting currency through April 2026 is unsubstantiated within the document itself."},{"severity":"high","section_a":"Document title: 'Proclamation under the Duties Act 2001' (a formal legislative instrument)","section_b":"Document body: Contains no operative provisions","confidence":0.9,"description":"The document is titled as a Proclamation — a legally operative instrument — but its entire body consists solely of administrative metadata, website disclaimers, and duplicated headers. A Proclamation with no operative content contradicts its own legal character and purpose under the Duties Act 2001."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the limited, technical function it was designed for: updating a schedule of exempt bodies. There is no scope creep."},"complexity_factors":["Single operative provision with two mechanical amendments (one insertion, one omission)","No defined terms within the proclamation itself","No conditional logic or exceptions","No cross-references to other sections beyond the enabling power (section 227(1)(d)) and commencement trigger","Total length: 4 substantive paragraphs","Straightforward retrospective commencement tied to another Act"],"plain_english_summary":"This is a short official proclamation (a formal public announcement made by the Governor) that updates a list of organisations exempt from certain taxes under Tasmania's Duties Act 2001.\n\n**What it does:**\n- **Adds** the 'Tasmanian Learning and Skills Authority' to the list of organisations that don't have to pay certain duties (taxes)\n- **Removes** another organisation from that same list (the one previously listed at subparagraph (viii))\n\n**Who it affects:**\n- The Tasmanian Learning and Skills Authority — now exempt from certain duties\n- The organisation previously at subparagraph (viii) — no longer exempt\n- Anyone dealing with these organisations who needs to know their duty status\n\n**Why it matters:**\nThis is routine administrative housekeeping. When government bodies are created, renamed, or abolished, the lists of who gets tax exemptions need updating. This proclamation ensures the duty exemptions keep pace with changes to Tasmania's vocational education system made by another Act passed in 2004."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available content, this Proclamation appears to serve its standard purpose of bringing provisions of the Duties Act 2001 into force on a set date (1 January 2005). There is no indication of scope creep or departure from the instrument's original administrative intent."},"complexity_factors":["The document provided is largely metadata and formatting with minimal substantive legislative content","The operative content of the Proclamation itself is not reproduced, making full analysis impossible","Proclamations are inherently brief instruments — their complexity lies in the parent Act they activate, not in their own text","Cross-referencing the Duties Act 2001 is necessary to understand the full effect, adding a minor layer of complexity"],"plain_english_summary":"This Proclamation by the Governor of Tasmania is an administrative instrument that brought parts of the Duties Act 2001 into effect on 1 January 2005. It matters to anyone subject to Tasmanian duties (e.g., property, business, insurance or vehicle transactions) around that date, because it determined which duty rules applied."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2004-157","history":"/api/acts/tas-sr-2004-157/history","analysis":"/api/acts/tas-sr-2004-157/analysis","conflicts":"/api/acts/tas-sr-2004-157/conflicts","importantCases":"/api/acts/tas-sr-2004-157/important-cases","documents":"/api/acts/tas-sr-2004-157/documents"}}