{"id":"tas:sr-2020-049","name":"Proclamation under the COVID-19 Disease Emergency (Commercial Leases) Act 2020","slug":"tas-sr-2020-049","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"49 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313862,"registerId":"tas-tas:sr-2020-049-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the COVID-19 Disease Emergency (Commercial Leases) Act 2020","content":"> Proclamation under the COVID-19 Disease Emergency (Commercial Leases) Act 2020\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-2020-013#GS2@EN) [COVID-19 Disease Emergency (Commercial Leases) Act 2020](/view/html/inforce/2026-04-12/act-2020-013) fix 24 July 2020 as the day on which [section 17](/view/html/inforce/2026-04-12/act-2020-013#GS17@EN) of that Act commences.\n\n20 July 2020\n\nC. WARNER\n\nGovernor\n\nBy Her Excellency's Command,\n\nELISE ARCHER\n\nMinister for Building and Construction\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 24 July 2020\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"medium","reasoning":"A COVID-19 Disease Emergency instrument predicated on an ongoing emergency state has apparently never been amended or updated since 24 July 2020. If the emergency has concluded, the instrument's continued listing as 'current to date' (April 2026) raises a question about whether an emergency instrument can logically remain operative long after any reasonable characterisation of the emergency period. Emergency legislation is typically time-limited or tied to a declared emergency period; perpetual currency without amendment is incongruous with its emergency basis.","confidence":0.62,"description":"The proclamation is described as 'Version current from 24 July 2020 to date' while simultaneously stating 'File last modified 24 July 2020', yet it was accessed on 8 April 2026 — implying the instrument has remained unmodified for nearly 6 years while purportedly still being in force under a COVID-19 emergency framework."},{"type":"other","section":"Title / Instrument Header","severity":"low","reasoning":"While likely a formatting/rendering artefact, a proclamation deriving its legal authority from a specific named Act must unambiguously identify that Act. A title rendered as 'COVID-1' rather than 'COVID-19' could, on a strict reading, fail to correctly identify its enabling legislation, potentially undermining the instrument's authorising foundation. The inconsistency appears throughout multiple headings in the same document.","confidence":0.45,"description":"The title of the instrument is rendered both as 'COVID-1' and 'COVID-19' across multiple headings within the same document, suggesting an internal truncation error that creates ambiguity as to which declared disease emergency the proclamation actually relates to."},{"type":"other","section":"Status Information — Currency / Table of Amending Instruments","severity":"low","reasoning":"If the file has never been modified since 24 July 2020, a Table of Amending Instruments would necessarily be empty or non-existent. Directing users to view amendments that cannot exist given the unmodified file date is internally inconsistent, albeit likely a systemic template issue rather than a substantive legal flaw.","confidence":0.5,"description":"The instrument simultaneously invites readers to 'click to view Table of Amendments' while stating the file was last modified 24 July 2020, implying either (a) amendments exist but are not reflected in the file modification date, or (b) no amendments exist and the table is empty, making the invitation to view amendments misleading."}],"contradictions":[{"severity":"medium","section_a":"Status Information — 'Version current from 24 July 2020 to date (accessed 8 April 2026)'","section_b":"Authorisation — 'File last modified 24 July 2020'","confidence":0.65,"description":"The instrument claims currency up to at least 8 April 2026 but has never been modified since its original commencement on 24 July 2020. An emergency COVID-19 proclamation remaining legally 'current' and unmodified for approximately five years and eight months directly contradicts the temporal emergency rationale underpinning such instruments."},{"severity":"low","section_a":"Title rendering: 'Proclamation under the COVID-1 Disease Emergency (Commercial Leases) Act 2020'","section_b":"Title rendering: 'Proclamation under the COVID-19 Disease Emergency (Commercial Leases) Act 2020'","confidence":0.55,"description":"The same document renders the enabling Act's name in two different ways within the same instrument — once as 'COVID-1' and once as 'COVID-19'. These cannot both be correct references to the same Act simultaneously, creating an internal contradiction as to the instrument's legal authority."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available content, there is no indication that the scope of this Proclamation changed from its original intent. It appears to function straightforwardly as a commencement or activation instrument under the parent Act, consistent with its stated purpose. No amendments are evident from the metadata provided."},"complexity_factors":["This is a procedural instrument (a Proclamation) rather than substantive legislation — its function is narrow and administrative","The document provided contains minimal substantive content, consisting mostly of metadata, headers, and status information","The underlying Act it references (COVID-19 Disease Emergency (Commercial Leases) Act 2020) would be more complex, but the Proclamation itself is a simple triggering mechanism","No complex definitions, schedules, or multi-layered provisions are visible in this extract"],"plain_english_summary":"This Proclamation, signed by the Governor of Tasmania, formally brought parts of the COVID-19 Disease Emergency (Commercial Leases) Act 2020 into effect — the legal “switch” activating rent-relief and eviction-protection measures for commercial tenants and imposing related obligations on landlords. It has been in force since 24 July 2020.\n\nThe provided extract is mostly metadata/formatting; the Proclamation’s full operative clauses are not visible here."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which serves a purely procedural function. It does not expand or alter the substantive scope of the parent Act; it merely activates a specific provision on a specific date as originally intended by the legislature."},"complexity_factors":["Single operative provision: fixes one commencement date for one section","No defined terms","No conditional logic or cross-references to other legislation (except citation of the parent Act)","Standard proclamation format—essentially a template with blanks filled in","Total length: approximately 150 words"],"plain_english_summary":"This is a short official notice (called a 'proclamation') made by the Tasmanian Governor that sets a specific date—24 July 2020—when **section 17** of the COVID-19 Disease Emergency (Commercial Leases) Act 2020 comes into force.\n\n**What this means:**\n- **Proclamations** are formal announcements used to bring specific parts of a law into effect on a particular date.\n- The main Act was already passed, but section 17 wasn't active yet. This document 'switches it on'.\n- **Section 17** of that Act deals with **dispute resolution** for commercial lease disputes arising from COVID-19—essentially setting up a process for landlords and tenants to resolve arguments about rent relief without going to court.\n\n**Who it affects:**\n- Commercial landlords and tenants in Tasmania who were negotiating rent relief during the pandemic.\n- The dispute resolution mechanism became available from 24 July 2020 onwards.\n\n**Why it matters:**\n- Timing is crucial in emergency legislation. This proclamation ensured the dispute resolution scheme started on a specific date, giving parties clarity about when they could access mediation or binding determinations for COVID-related lease disputes."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope of the Act or section 17; it only specifies the date (24 July 2020) on which section 17 commences, so no expansion or reduction of covered persons or powers occurs."},"complexity_factors":["Very narrow functional effect: fixes commencement date for a single section (section 17).","Formal, routine executive instrument with limited substantive content.","Decision-maker is clearly identified (Governor acting with Executive Council advice), low discretionary detail.","Legal effect limited to timing rather than altering rights or obligations.","Potential downstream legal/compliance effects (parties must observe obligations from the fixed date) but no new regulatory framework introduced."],"plain_english_summary":"This proclamation brings section 17 of the COVID-19 Disease Emergency (Commercial Leases) Act 2020 into force on 24 July 2020. It was made by the Governor of Tasmania on the advice of the Executive Council and signed by the Minister for Building and Construction.\n\nMechanically, the proclamation changes the date from which the legal obligations and rights created by section 17 apply; landlords, tenants and other parties covered by the Act must comply from that date. It does not change the wording or expand who the section covers."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2020-049","history":"/api/acts/tas-sr-2020-049/history","analysis":"/api/acts/tas-sr-2020-049/analysis","conflicts":"/api/acts/tas-sr-2020-049/conflicts","importantCases":"/api/acts/tas-sr-2020-049/important-cases","documents":"/api/acts/tas-sr-2020-049/documents"}}