{"id":"tas:sr-2010-147","name":"Proclamation under the Personal Property Securities (Commonwealth Powers) Act 2010","slug":"tas-sr-2010-147","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"147 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314848,"registerId":"tas-tas:sr-2010-147-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Personal Property Securities (Commonwealth Powers) Act 2010","content":"> Proclamation under the Personal Property Securities (Commonwealth Powers) Act 2010\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-2010-015#GS2@EN) [Personal Property Securities (Commonwealth Powers) Act 2010](/view/html/inforce/2026-04-12/act-2010-015) fix 1 January 2011 as the day on which that Act, except [section 8(2)](/view/html/inforce/2026-04-12/act-2010-015#GS8@Gs2@EN) and [(3)](/view/html/inforce/2026-04-12/act-2010-015#GS8@Gs3@EN) of that Act, commences.\n\n17 December 2010\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nMICHELLE O'BYRNE\n\nMinister for Health acting for and on behalf of the Minister 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 29 December 2010\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, not substantive legislation. It performs exactly the function intended: bringing the parent Act into force on a specified date with specific exclusions. There is no scope creep."},"complexity_factors":["Single operative provision: fixes a commencement date","Only two subsections excluded from commencement (section 8(2) and (3))","No defined terms, no conditional logic, no cross-references to other legislation beyond the parent Act","Standard proclamation format — essentially a one-sentence legal instrument with ceremonial preamble","Total length: approximately 150 words of operative content"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into effect.\n\n**What it does:**\n- This proclamation, made by the Tasmanian Governor on 17 December 2010, sets **1 January 2011** as the date when the *Personal Property Securities (Commonwealth Powers) Act 2010* (Tasmania) starts operating.\n- It **excludes** two subsections from commencing on that date: section 8(2) and section 8(3). Those parts of the Act would commence later (or through a separate proclamation).\n\n**Who it affects:**\n- This is an **intergovernmental machinery provision**. It affects how Tasmania participates in the national Personal Property Securities Register (PPSR) — a national online register for security interests in personal property (things like cars, equipment, or company assets used as collateral for loans).\n- The Act itself refers powers to the Commonwealth so that Tasmania can be part of the national PPSR system, rather than running its own separate state register.\n\n**Why it matters:**\n- Without this proclamation, the Tasmanian legislation would not have started on 1 January 2011, potentially creating a gap in the national PPSR coverage.\n- This ensures Tasmania's businesses and lenders could use the national system from day one, with consistent rules across Australia."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the content of the Act. It solely fixes the commencement date for most provisions and leaves section 8(2) and 8(3) uncommenced, so the legal scope of the Act remains as enacted."},"complexity_factors":["Instrument performs a single procedural task (setting a commencement date) rather than altering substantive law — low legal complexity.","Exception for two sub‑sections (section 8(2) and 8(3)) requires readers to check those provisions separately to understand scope of application.","Employs the proclamation power under section 2 of the Personal Property Securities (Commonwealth Powers) Act 2010 (text references the enabling provision).","Formal administrative elements (Governor’s signature, Minister acting, Gazette notification, Department of Justice administration) add procedural steps but little legal ambiguity.","Imposes preparatory/compliance timing on persons and businesses subject to the Act from the fixed date; practical complexity is administrative rather than interpretive."],"plain_english_summary":"Fixes 1 January 2011 as the date the Personal Property Securities (Commonwealth Powers) Act 2010 begins to operate in Tasmania, except for two sub‑sections (section 8(2) and 8(3)) which remain uncommenced. It was proclaimed by the Governor on Executive Council advice, notified in the Gazette, and is administered by the Department of Justice. This matters because it brings the Act’s rules into force for Tasmanian people and businesses from that date."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation performs a narrow, specific function — commencing Tasmania's referral of legislative power to the Commonwealth under the national PPS scheme. There is no indication of scope change from its original intent. It has remained in force unchanged since 29 December 2010."},"complexity_factors":["The document itself is procedurally simple — it is a short proclamation with no substantive operative clauses visible in the provided text","The underlying subject matter (personal property securities law) is moderately complex, but this instrument merely triggers commencement rather than setting out detailed rules","Limited text provided means little content to analyse beyond metadata and status information","The constitutional referral of powers from state to Commonwealth adds a layer of federal law complexity in the background, but is not elaborated in this instrument"],"plain_english_summary":"This Proclamation brings Tasmania into the national Personal Property Securities scheme, activating the PPS Register for recording security interests over movable assets (cars, machinery, livestock, etc.). It affects lenders, businesses and buyers by centralizing where security interests are registered. The change replaces fragmented state registers with a single national system, simplifying searches and transactions."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2010-147","history":"/api/acts/tas-sr-2010-147/history","analysis":"/api/acts/tas-sr-2010-147/analysis","conflicts":"/api/acts/tas-sr-2010-147/conflicts","importantCases":"/api/acts/tas-sr-2010-147/important-cases","documents":"/api/acts/tas-sr-2010-147/documents"}}