{"id":"tas:sr-2013-061","name":"Proclamation under the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013","slug":"tas-sr-2013-061","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"61 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314142,"registerId":"tas-tas:sr-2013-061-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013","content":"> Proclamation under the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013\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-2013-004#GS2@EN) [Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013](/view/html/inforce/2026-04-12/act-2013-004) fix 1 August 2013 as the day on which [section 15(1)](/view/html/inforce/2026-04-12/act-2013-004#GS15@Gs1@EN) and [(2)](/view/html/inforce/2026-04-12/act-2013-004#GS15@Gs2@EN) of that Act commence.\n\n8 July 2013\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nD. J. O'BYRNE\n\nMinister for Infrastructure\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 17 July 2013\n\nThis proclamation is administered in the Department of Infrastructure, Energy and Resources.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"The representation that legislation is current 'to date' while the underlying file has not been modified since 2017 creates a tension between the currency claim and the modification record. Either amendments occurred and are not reflected in the file modification date, or the document has genuinely not been updated for 9 years despite the 'to date' currency claim.","confidence":0.55,"description":"The document states it is 'current from 17 July 2013 to date' while simultaneously stating the 'File last modified 5 July 2017'. If the file was last modified in 2017, the claim that it represents legislation 'to date' (accessed 8 April 2026) is potentially misleading, as no amendments appear to have been incorporated for nearly 9 years despite the update promise."},{"type":"other","section":"Status Information - Update Promise","severity":"low","reasoning":"The 3-working-day update commitment combined with a 2017 last-modified date over a 9-year window is not strictly a logical contradiction since a proclamation may simply not have been amended, but it warrants flagging as a potential compliance gap with the publisher's own stated obligations.","confidence":0.4,"description":"The document promises legislation is 'usually updated within 3 working days after a change' yet the file was last modified 5 July 2017, implying either no changes have occurred to this instrument in approximately 9 years (plausible for a simple proclamation) or the update obligation has not been met."},{"type":"other","section":"Document Structure - Entire Document","severity":"medium","reasoning":"While this appears to be a rendering/formatting error rather than a substantive legislative flaw, a legal instrument that repeats its own operative provisions or metadata creates genuine interpretive uncertainty: a court or practitioner must determine which instance of duplicated content is the operative one, and whether any discrepancy between duplicates (if introduced) would create ambiguity.","confidence":0.85,"description":"The document contains massively duplicated headings and metadata blocks. Every heading, section title, and metadata field is repeated verbatim at least twice (e.g., 'Proclamation under the Marine Safety...' appears four times as a heading). This structural absurdity means the document is partly self-referential and internally redundant, raising questions about which instance is authoritative."},{"type":"impossible_compliance","section":"Operative Provisions","severity":"high","reasoning":"A proclamation that contains no operative text cannot perform its legal function. Regulated parties, courts, and administrators cannot determine what the instrument actually proclaims. Compliance with a content-free proclamation is logically impossible since there is nothing to comply with. This is the most significant flaw: the instrument is a legal nullity on its face as reproduced.","confidence":0.95,"description":"The document purports to be a Proclamation under the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013 but contains no operative proclamation text whatsoever. The entire substantive content of the proclamation — what is being proclaimed, when it commences, what it applies to — is entirely absent."}],"contradictions":[{"severity":"low","section_a":"Currency of version: 'current from 17 July 2013 to date (accessed 8 April 2026)'","section_b":"Authorisation: 'File last modified 5 July 2017'","confidence":0.6,"description":"The document simultaneously claims to be current up to the access date of 8 April 2026 and discloses that the underlying file was last modified on 5 July 2017. These statements are in tension: if the file has not been modified since 2017, the 'to date' currency claim covering 2017–2026 is unsupported by any evidenced update activity."},{"severity":"medium","section_a":"Status Information: 'Legislation on this site is usually updated within 3 working days after a change'","section_b":"Table of Amending Instruments: '(click to view Table of Amendments)' implying amendments may exist","confidence":0.45,"description":"The site commits to updating within 3 working days of any change, yet the existence of a Table of Amending Instruments hyperlink suggests amendments have been made. If amendments exist post-2017 but the file modification date remains 5 July 2017, the 3-working-day update obligation has not been met, contradicting the publisher's own stated standard."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive scope of the Marine Safety Act; it exercises the commencement power to bring sections 15(1) and 15(2) into force on a specified date (1 August 2013). No amendments or extensions to the Act's subject matter are made."},"complexity_factors":["Single-purpose instrument: only fixes a commencement date for specified provisions","Relies on cross-reference to the parent Act (s15(1) and (2)) for substantive effect","Uses the statutory commencement power (referenced s2) requiring formal executive action","Standard formalities: Governor with Executive Council advice, Gazette notification, administrative department listed","No substantive amendments or regulatory detail in the proclamation itself — legal impact depends on the underlying Act"],"plain_english_summary":"This proclamation sets 1 August 2013 as the day sections 15(1) and 15(2) of the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013 start to operate in Tasmania. The Governor, acting with the advice of the Executive Council, made the proclamation; it was published in the Gazette and is administered by the Department of Infrastructure, Energy and Resources."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which by its nature has a narrow, specific purpose: to activate provisions of an existing Act. It has not expanded beyond its original intent of setting a commencement date for the specified sections."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No cross-references to other legislation beyond citation of the parent Act and specific sections","No conditional logic or exceptions","Standard proclamation format following established conventions","Total length: approximately 150 words of substantive content"],"plain_english_summary":"This is a short official notice (called a 'proclamation') made by the Governor of Tasmania in 2013. It sets the date when specific parts of the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013 would come into force (become legally active).\n\n**What it does:**\n- **Fixes the start date** for sections 15(1) and 15(2) of the Act as **1 August 2013**\n- These sections relate to how the national domestic commercial vessel safety laws apply in Tasmania\n\n**Who it affects:**\n- Anyone operating domestic commercial vessels in Tasmanian waters\n- Maritime safety authorities in Tasmania\n\n**Why it matters:**\n- Australian laws often don't start automatically when passed by Parliament. The government needs to officially 'turn them on' by proclamation.\n- This proclamation activated key provisions that brought Tasmania into alignment with national marine safety standards for commercial vessels (like fishing boats, charter boats, and work boats that don't go overseas).\n\n**Key point:** Without this proclamation, those sections of the law would have sat dormant and unenforceable."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Proclamation appears to serve exactly its intended purpose: formally commencing Tasmania's application of the national domestic commercial vessel safety law. There is no indication of scope creep or unintended expansion — it is a narrow, administrative instrument doing precisely what it was designed to do."},"complexity_factors":["The document is purely procedural — it is a Proclamation (a triggering mechanism) rather than substantive legislation with detailed rules or obligations","Its entire legal effect is to activate another piece of legislation, so very little interpretive work is required","No definitions, schedules, penalties, or technical provisions are contained within the Proclamation itself","The complexity of the underlying national marine safety law is not reproduced here, keeping this document simple on its face"],"plain_english_summary":"This Proclamation brings Tasmania onto the national domestic commercial vessel safety law, replacing separate state rules with a single, nationwide safety framework. It governs commercial vessels, their operators and crew, and passengers in Tasmanian waters.\n\nThat alignment simplifies compliance for businesses operating interstate and strengthens consistent safety oversight. The Proclamation has been in continuous effect since 17 July 2013."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2013-061","history":"/api/acts/tas-sr-2013-061/history","analysis":"/api/acts/tas-sr-2013-061/analysis","conflicts":"/api/acts/tas-sr-2013-061/conflicts","importantCases":"/api/acts/tas-sr-2013-061/important-cases","documents":"/api/acts/tas-sr-2013-061/documents"}}