{"id":"tas:sr-2019-078","name":"Proclamation under the Biosecurity Act 2019","slug":"tas-sr-2019-078","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"78 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313873,"registerId":"tas-tas:sr-2019-078-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Biosecurity Act 2019","content":"> Proclamation under the Biosecurity Act 2019\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-2019-022#GS2@EN) [Biosecurity Act 2019](/view/html/inforce/2026-04-12/act-2019-022) fix 1 January 2020 as the day on which the following provisions of the [Biosecurity Act 2019](/view/html/inforce/2026-04-12/act-2019-022) commence:\n\n> > (a) Parts 1, 6, 8 and 9;\n> \n> > (b) Divisions 1 and 2 of Part 2;\n> \n> > (c) Division 2 of Part 12;\n> \n> > (d) Division 3 of Part 14;\n> \n> > (e) sections 77, 230, 232, 233, 234, 235, 236, 237, 238, 241, 264, 265, 266, 267, 268, 270, 271, 272, 273, 274, 276, 277, 278, 279, 280, 281, 283;\n> \n> > (f) Schedule 2.\n\n17 December 2019\n\nC. WARNER\n\nGovernor\n\nBy Her Excellency's Command,\n\nGUY BARNETT\n\nMinister for Primary Industries and Water\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 25 December 2019\n\nThis proclamation is administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard commencement instrument performing exactly its intended function: bringing specified provisions into force on a fixed date. No scope creep."},"complexity_factors":["Very short document (under 300 words)","No defined terms — relies entirely on external Act","Simple list structure with no conditional logic","No cross-referencing except to section numbers in the parent Act","Single operative clause with straightforward commencement mechanism"],"plain_english_summary":"This is a **commencement proclamation** — essentially a formal announcement that brings specific parts of Tasmania's Biosecurity Act 2019 into legal effect on **1 January 2020**.\n\n**What it does:**\n- Rather than the entire Act starting at once, this document \"switches on\" only certain sections and parts on a specific date\n- It's like a staggered rollout — some parts of the law start now, others may start later\n\n**What's being activated:**\n- **Parts 1, 6, 8 and 9** — likely covering interpretation, general provisions, and specific biosecurity powers\n- **Divisions 1 and 2 of Part 2** — probably early operational provisions\n- **Division 2 of Part 12** and **Division 3 of Part 14** — specific administrative or enforcement sections\n- **Various individual sections** (77, 230, 232–238, 241, 264–268, 270–274, 276–281, 283) — scattered provisions across the Act\n- **Schedule 2** — likely transitional provisions or amendments to other laws\n\n**Who it affects:**\n- Tasmanian farmers, primary producers, and anyone dealing with plants, animals, or pests\n- Government biosecurity officers and the Department of Primary Industries\n\n**Why it matters:**\n- This is the legal trigger that makes these biosecurity rules enforceable. Until this proclamation, those sections were just words on paper — now they carry legal consequences."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive content or scope of the Biosecurity Act 2019; it only fixes the commencement date (1 January 2020) for the listed Parts, Divisions, sections and Schedule 2 in Tasmania (proclaimed under section 2 of the Act). To assess who gains or bears new legal obligations, the listed provisions in the principal Act must be consulted."},"complexity_factors":["Instrument is a single legal act that fixes a commencement date rather than creating new regulatory rules.","Lists multiple Parts, Divisions and specific sections which requires cross-referencing the Biosecurity Act 2019 to see substantive effects.","Jurisdictional detail: applies to the State of Tasmania and its Dependencies only (governor-made proclamation).","Administrative responsibility is specified (Department of Primary Industries, Parks, Water and Environment), but operational details remain in the principal Act.","Formal legal steps are straightforward: Governor’s proclamation, Gazette notification and publication under the Rules Publication Act 1953."],"plain_english_summary":"This proclamation, made by the Governor of Tasmania under section 2 of the Biosecurity Act 2019, sets 1 January 2020 as the day when specified Parts, Divisions, individual sections and Schedule 2 of the Biosecurity Act 2019 come into force in Tasmania. The Department of Primary Industries, Parks, Water and Environment is named as the administering agency. Persons, businesses and agencies covered by those listed provisions must comply with them from that commencement date."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"While not strictly a logical flaw in the text of the legislation itself, a biosecurity proclamation unmodified for over six years is anomalous given the dynamic nature of biosecurity threats. However, this is more a practical concern than a legal absurdity.","confidence":0.4,"description":"The legislation states it is 'current from 25 December 2019 to date' while also stating 'File last modified 25 December 2019', yet the access date shown is 8 April 2026. A proclamation under a Biosecurity Act that has never been modified over more than 6 years raises a question of whether it has ever been operationally applied or is effectively a dead letter instrument."},{"type":"impossible_compliance","section":"Entire Document","severity":"high","reasoning":"A proclamation is by its nature an instrument that declares or commands something specific. This document as presented contains only metadata, status information, and structural headings repeated multiple times. There is no operative legal content. Citizens, officers, and courts cannot comply with, enforce, or interpret an instrument that declares nothing. If this reflects the actual gazetted instrument, it is legally void for want of operative content.","confidence":0.85,"description":"The document purports to be a 'Proclamation under the Biosecurity Act 2019' but contains no substantive operative provisions whatsoever. A proclamation is a legal instrument that must contain operative content to have legal effect. A proclamation with no operative clauses, no definitions, no declared areas, no biosecurity measures, and no enforcement provisions cannot function as a legal instrument."},{"type":"impossible_compliance","section":"Status Information - Currency of version","severity":"low","reasoning":"The 3-working-day update commitment cannot logically apply to a modification made on a public holiday. The statement is self-undermining in its own example.","confidence":0.65,"description":"The document states legislation is 'usually updated within 3 working days after a change to the legislation' while simultaneously stating the file was last modified on 25 December 2019 (Christmas Day). This creates a de facto impossibility of compliance with the 3-working-day update standard since 25 December is not a working day in Tasmania, meaning the first available working day for modification would have been 27 December 2019 at earliest."}],"contradictions":[{"severity":"high","section_a":"Title: 'Proclamation under the Biosecurity Act 2019'","section_b":"Entire body of document containing no operative provisions","confidence":0.82,"description":"The title asserts this is a legal proclamation under a specific Act, implying operative legal force, but the body of the document contains zero operative legal content. The title and body are irreconcilable as a matter of legal instrument drafting."},{"severity":"medium","section_a":"Status Information: 'Version current from 25 December 2019 to date'","section_b":"Table of Amending Instruments: '(click to view Table of Amendments)'","confidence":0.7,"description":"The document simultaneously implies it has never been amended (file last modified 25 December 2019, version current since that date) while providing a hyperlink to a 'Table of Amendments', which is logically superfluous if no amendments exist. If amendments do exist, the 'current from 25 December 2019' version statement without reflecting any amendment dates is misleading."},{"severity":"medium","section_a":"Heading: 'Proclamation under the Biosecu Proclamation under the Biosecurity Act 2019'","section_b":"Heading: 'Proclamation under the Biosecurity Act 2019'","confidence":0.9,"description":"Multiple headings appear in truncated and duplicated form throughout the document (e.g., 'Biosecu' as a truncation of 'Biosecurity'). The document simultaneously presents itself as the authoritative consolidated version of current legislation while containing obvious rendering errors and duplicated structural elements, undermining its claimed authoritative status."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"There is insufficient substantive content in the provided text to determine whether the scope of this proclamation changed from any original intent. The document as supplied contains only metadata, headers, and administrative information, with no operative provisions visible."},"complexity_factors":["The document as provided contains almost no substantive legal content — it is largely administrative metadata and status information","Proclamations are generally simpler instruments than full Acts or Regulations, typically serving a narrow triggering or declaratory function","The parent Act (Biosecurity Act 2019) may itself be complex, but this instrument is a secondary, administrative document","No amendment history or substantive provisions are visible in the provided text, preventing deeper analysis"],"plain_english_summary":"A Tasmanian Government proclamation under the Biosecurity Act 2019 formally activates parts of the Act or declares biosecurity matters (dates, areas, etc.), making biosecurity rules enforceable. It governs activities like farming, fishing, importing and moving animals, plants, soil and other biological material across Tasmania.\n\nThis matters because Tasmania’s economy and environment depend on strict protection against pests, diseases and invasive species. The provided text lacks the proclamation’s substantive details, so consult the full proclamation to see what specific measures or dates are declared."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2019-078","history":"/api/acts/tas-sr-2019-078/history","analysis":"/api/acts/tas-sr-2019-078/analysis","conflicts":"/api/acts/tas-sr-2019-078/conflicts","importantCases":"/api/acts/tas-sr-2019-078/important-cases","documents":"/api/acts/tas-sr-2019-078/documents"}}