{"id":"tas:sr-2008-148","name":"Proclamation under the Legal Profession Act 2007","slug":"tas-sr-2008-148","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"148 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315651,"registerId":"tas-tas:sr-2008-148-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Legal Profession Act 2007","content":"> Proclamation under the Legal Profession Act 2007\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 661(1)](/view/html/inforce/2026-04-12/act-2007-024#GS661@Gs1@EN) of the [Legal Profession Act 2007](/view/html/inforce/2026-04-12/act-2007-024) fix 31 December 2008 as the day from which the provisions of the [Legal Profession Act 1993](/view/html/inforce/2026-04-12/act-1993-090) , as in force immediately before that day, are repealed.\n\n24 November 2008\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nLARA GIDDINGS\n\nMinister for Justice\n\nDisplayed and numbered in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 December 2008\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation implements the repeal date authorised by the Legal Profession Act 2007 (s661(1)) and does not alter the substantive scope of either the 1993 or 2007 Acts. It merely fixes the day on which the 1993 Act is repealed and records administrative notification; it does not add transitional rules or expand statutory coverage."},"complexity_factors":["Single, clear legal effect: sets a specific repeal/commencement date (low procedural complexity).","Dependence on another statute's commencement power (section 661(1) of the Legal Profession Act 2007) to authorise the act of proclamation.","References two separate Acts (Legal Profession Act 1993 and Legal Profession Act 2007) so legal effect depends on those texts and their definitions.","Does not include transitional or savings provisions in the proclamation itself, leaving implementation detail to other instruments or the Acts.","Administrative formalities recorded (Governor acting with Executive Council advice; Gazette notification; Department of Justice administration) create procedural steps for effectuation.","Practical compliance costs fall on legal practitioners and administrators who must move from the 1993 regime to the 2007 regime on the fixed date."],"plain_english_summary":"This proclamation fixes 31 December 2008 as the day the Legal Profession Act 1993 is repealed, using the commencement power in section 661(1) of the Legal Profession Act 2007. It makes the 2007 Act the operative regulatory framework for Tasmanian legal practitioners from that date and places administrative responsibility for notification and implementation with the Governor (on Executive Council advice) and the Department of Justice."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available content, there is no evidence that the scope of this Proclamation changed from its original intent. It has remained in its original form since 3 December 2008 with no substantive amendments recorded."},"complexity_factors":["The document is almost entirely metadata and status information — the operative legal content is absent or minimal","Proclamations are generally short, formulaic instruments with a narrow single purpose","The underlying Act (Legal Profession Act 2007) is complex, but the Proclamation itself is a simple triggering mechanism","No amendments appear to have been made since commencement, reducing interpretive complexity"],"plain_english_summary":"This Proclamation, made by the Governor of Tasmania under the Legal Profession Act 2007, brings parts of that Act into force on 3 December 2008. It affects lawyers, law firms, legal professional bodies and anyone using legal services in Tasmania by activating the Act’s regulatory framework.\n\nThe published document contains mainly status and metadata; the specific provisions brought into force are not visible in the text provided."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the function intended by section 661(1) of the Legal Profession Act 2007 — setting the commencement date for the repeal of the previous Act. There is no scope creep."},"complexity_factors":["Single operative provision with one clear date","No defined terms","No conditional logic or exceptions","No cross-references beyond citation of the empowering section","Total length: 4 sentences of substantive content"],"plain_english_summary":"**What this is:** A formal announcement (proclamation) by the Tasmanian Governor that sets a specific date for when an old law stops working.\n\n**What it does:**\n- **Fixes the repeal date:** The old *Legal Profession Act 1993* (the previous law governing lawyers in Tasmania) will be completely cancelled on **31 December 2008**.\n- **Why this matters:** This proclamation triggers the switchover from the old 1993 lawyer rules to the new *Legal Profession Act 2007*. Without this proclamation, the old law would have stayed in limbo.\n\n**Who it affects:**\n- Lawyers and law firms in Tasmania\n- Anyone dealing with legal complaints or professional conduct matters\n- The Legal Profession Board of Tasmania (the regulator)\n\n**Why it matters:** This is the \"go-live\" switch. It tells everyone exactly when the new rules apply and the old rules disappear. If you were a lawyer in Tasmania, this date told you when you had to start following the new 2007 Act instead of the 1993 one."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"If the file was last modified on 5 July 2017, the 'current from 3 December 2008 to date' currency description implies no substantive amendments occurred despite a file modification, which is either an unexplained discrepancy or suggests the modification was purely administrative. This undermines the reliability of the currency statement.","confidence":0.55,"description":"The proclamation states it is 'current from 3 December 2008 to date' while simultaneously stating the file was 'last modified 5 July 2017', creating an internal inconsistency about when the instrument was last changed versus its stated currency period."},{"type":"impossible_compliance","section":"Entire Instrument","severity":"high","reasoning":"A proclamation is a formal executive instrument used to bring legislation or provisions into force or to declare legal facts. An instrument with no operative clause cannot fulfil any legal purpose, yet it is presented as a valid, current legislative instrument. Any person or court attempting to rely on or comply with this proclamation would find it legally vacuous.","confidence":0.72,"description":"The proclamation appears to contain no operative provisions whatsoever. As a proclamation under the Legal Profession Act 2007, it should at minimum specify a commencement date or declare a matter into effect, yet the reproduced text contains only metadata, status information, and administrative boilerplate."},{"type":"circular_definition","section":"Currency of version (repeated)","severity":"low","reasoning":"The update policy refers to changes to 'the legislation' but the instrument's own modification history is inconsistent with this policy, suggesting either the policy was not followed or the modification was not considered a legislative change — a distinction the instrument itself does not explain.","confidence":0.45,"description":"The statement 'Legislation on this site is usually updated within 3 working days after a change to the legislation' is self-referentially circular when applied to a proclamation that itself appears not to have been substantively updated since 2008, despite a 2017 file modification."}],"contradictions":[{"severity":"medium","section_a":"Status Information - Currency of version: 'Version current from 3 December 2008 to date'","section_b":"Authorisation: 'File last modified 5 July 2017'","confidence":0.65,"description":"The instrument claims an unbroken currency from 3 December 2008 with no amendments indicated in that period, yet the file was modified on 5 July 2017. These two statements are in direct tension: either an amendment occurred (contradicting the currency narrative) or the file was modified for non-legislative reasons (not disclosed)."},{"severity":"high","section_a":"Title: 'Proclamation under the Legal Profession Act 2007'","section_b":"Entire body of the instrument as reproduced","confidence":0.7,"description":"The title asserts this is a substantive proclamation made under statutory authority, but the body of the instrument as presented contains no proclamation — no operative words, no subject matter declared, and no legal effect articulated. The title and body are therefore wholly contradictory as to the instrument's legal character."}]}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2008-148","history":"/api/acts/tas-sr-2008-148/history","analysis":"/api/acts/tas-sr-2008-148/analysis","conflicts":"/api/acts/tas-sr-2008-148/conflicts","importantCases":"/api/acts/tas-sr-2008-148/important-cases","documents":"/api/acts/tas-sr-2008-148/documents"}}