{"id":"tas:sr-2005-087","name":"Proclamation under the Electricity Supply Industry Amendment Act 2003","slug":"tas-sr-2005-087","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"87 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":317942,"registerId":"tas-tas:sr-2005-087-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Electricity Supply Industry Amendment Act 2003","content":"> Proclamation under the Electricity Supply Industry 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 [Electricity Supply Industry Amendment Act 2003](/view/html/inforce/2026-04-12/act-2003-016) fix 3 August 2005 as the day on which sections 34, 38, 40 and 41 of that Act commence.\n\n25 July 2005\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 3 August 2005\n\nThis proclamation is administered in the Department of Treasury and Finance.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substance or scope of the Electricity Supply Industry Amendment Act 2003; it only fixes the commencement date for specified sections, making their existing legal effects operative from 3 August 2005."},"complexity_factors":["Narrow functional effect: fixes commencement date only (sections 34, 38, 40 and 41).","Relies on cross-reference to the parent Act for substantive content and obligations.","Formal legal steps required: gubernatorial proclamation, signature by Treasurer, Gazette notification.","No substantive policy or regulatory detail within the proclamation itself, reducing interpretive complexity."],"plain_english_summary":"This proclamation brings sections 34, 38, 40 and 41 of the Electricity Supply Industry Amendment Act 2003 into force on 3 August 2005. It makes the legal duties, powers and rights created by those sections effective from that date for anyone subject to the Act; administrative responsibility is recorded as the Department of Treasury and Finance, and the proclamation was signed by the Governor and Treasurer and notified in the Gazette."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"medium","reasoning":"A document that references a Table of Amending Instruments implicitly acknowledges that amendments exist. However, the 'File last modified 5 July 2017' date combined with a currency claim extending to 2026 creates an internal tension: either the document has been updated to reflect current law (in which case the modification date is wrong) or it has not been updated since 2017 (in which case the 'current to date' claim is misleading).","confidence":0.72,"description":"The document states it is 'current from 3 August 2005 to date (accessed 8 April 2026 at 2:44)' while simultaneously stating 'File last modified 5 July 2017'. If the file has not been modified since 2017, it cannot meaningfully claim currency 'to date' in 2026 without implying no amendments have occurred - yet a Table of Amending Instruments exists, suggesting amendments did occur."},{"type":"other","section":"Title / Header (repeated throughout)","severity":"low","reasoning":"While likely a rendering/digitisation artefact, in strict legal analysis a document with repeated identical provisions could theoretically be construed as imposing duplicate obligations or creating interpretive uncertainty about the instrument's structure. Courts would ordinarily apply a purposive reading, but the structural defect remains noteworthy.","confidence":0.55,"description":"The proclamation's title, headers, and status information sections are duplicated multiple times verbatim throughout the document. A legally operative instrument with structurally repeated substantive metadata creates genuine ambiguity about which instance is authoritative and whether the repetition reflects distinct operative provisions or a drafting/publishing error."},{"type":"impossible_compliance","section":"Proclamation generally","severity":"high","reasoning":"A proclamation's sole legal function is to bring legislation or provisions into operation on a specified date, or to declare some legal state of affairs. This document contains only metadata, status information, and administrative details. There is nothing for affected parties to comply with, and no legal effect can be discerned. If this is the complete instrument, it fails its sole legislative purpose entirely.","confidence":0.85,"description":"The document purports to be a substantive Proclamation under the Electricity Supply Industry Amendment Act 2003, yet contains no operative proclamation text whatsoever - no commencement date is proclaimed, no provisions are brought into force, and no schedule is attached. A proclamation with no operative content is a legal nullity."}],"contradictions":[{"severity":"medium","section_a":"Status Information - Currency of version ('current from 3 August 2005 to date (accessed 8 April 2026 at 2:44)')","section_b":"Authorisation ('File last modified 5 July 2017')","confidence":0.7,"description":"The instrument claims to be current law as of April 2026, but the underlying file has not been modified since July 2017. These two claims are mutually inconsistent: a document current to 2026 should reflect any legal changes up to that date, yet the modification date indicates no updates have been made for nearly nine years."},{"severity":"medium","section_a":"Table of Amending Instruments (existence of amendments hyperlink implies amendments were made)","section_b":"Authorisation ('File last modified 5 July 2017')","confidence":0.62,"description":"The presence of a dedicated 'Table of Amending Instruments' section implies the instrument has been amended at some point. However, the file modification date of 5 July 2017 may not account for all amendments referenced in that table, potentially meaning the consolidated version does not accurately reflect all amendments and is therefore not truly 'current'."}]},"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 specific sections of an amending Act into force. It has not expanded beyond its original purpose."},"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 proclamation format — essentially a template with blanks filled in","Total length: approximately 150 words"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings specific parts of a Tasmanian law into force.\n\n**What it does:**\n- The Governor of Tasmania (acting on ministerial advice) has officially declared that **four specific sections** of the *Electricity Supply Industry Amendment Act 2003* will start having legal effect on **3 August 2005**.\n- The sections being activated are: **34, 38, 40 and 41**.\n\n**Why this matters:**\n- Laws often pass through Parliament in one piece, but different parts start at different times. This proclamation is the \"on switch\" for these particular sections.\n- Without this proclamation, those sections would remain inactive (dormant) even though the Act itself may have already passed.\n\n**Who it affects:**\n- Anyone involved in Tasmania's electricity industry — including power companies, regulators, and consumers — who need to know when these specific rule changes take legal effect.\n\n**Key takeaway:** This document doesn't create new rules itself; it simply **activates** four pre-existing sections of an electricity industry law on a specific date."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available content, there is no evidence of scope change. The proclamation appears to serve its standard function of commencing provisions of the parent Act as originally intended. Insufficient operative text is present to make a more detailed assessment."},"complexity_factors":["Very limited substantive content available — the document is largely administrative metadata rather than operative legal text","As a proclamation (a commencement instrument), it is by nature a simple mechanism with no complex legal rules of its own","Understanding its full significance requires cross-referencing the parent Act (Electricity Supply Industry Amendment Act 2003), which adds a layer of complexity","The electricity regulatory framework it relates to is itself highly technical, but that complexity is not within this instrument"],"plain_english_summary":"This proclamation sets a commencement date for parts of the Electricity Supply Industry Amendment Act 2003 (Tasmania), officially bringing provisions of that electricity‑industry reform into effect. It primarily affects Tasmanian energy retailers, network operators and large consumers, with indirect impact on households and businesses as regulation and supply arrangements change. The extract provided is largely metadata and does not include the specific provisions or commencement date."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2005-087","history":"/api/acts/tas-sr-2005-087/history","analysis":"/api/acts/tas-sr-2005-087/analysis","conflicts":"/api/acts/tas-sr-2005-087/conflicts","importantCases":"/api/acts/tas-sr-2005-087/important-cases","documents":"/api/acts/tas-sr-2005-087/documents"}}