{"id":"tas:sr-2023-069","name":"Proclamation under the Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022","slug":"tas-sr-2023-069","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"69 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313819,"registerId":"tas-tas:sr-2023-069-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022","content":"> Proclamation under the Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022\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-2022-029#GS2@EN) [Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022](/view/html/inforce/2026-04-12/act-2022-029) fix 1 November 2023 as the day on which Part 2 of that Act commences.\n\n16 October 2023\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nM. OGILVIE\n\nMinister for Workplace Safety and Consumer Affairs\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 October 2023\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, which serves precisely its original and only purpose: to bring a specified part of an Act into force on a fixed date. There is no scope to expand beyond this function."},"complexity_factors":["Single operative provision: fixes a commencement date","No defined terms","No cross-references to other legislation (except citation of the empowering Act)","No conditional logic or exceptions","Standard proclamation format following long-established conventions","Total length: approximately 150 words of substantive content"],"plain_english_summary":"**What this is:** A formal announcement (proclamation) by the Tasmanian Governor that brings part of a new law into effect.\n\n**What it does:** This document sets **1 November 2023** as the start date for **Part 2** of the *Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022*.\n\n**What that means in practice:**\n- **Automatic mutual recognition** is a scheme that lets licensed workers (tradies, professionals, and other registered occupations) move between Australian states and territories more easily. If you're registered in one state, you can work in another without having to apply for a whole new licence.\n- **Part 2** of this Act contains the actual changes to Tasmania's occupational licensing laws needed to make this scheme work.\n- Until this proclamation was made, Part 2 was just words on paper — now it has legal force from 1 November 2023 onwards.\n\n**Who it affects:**\n- Workers with occupational licences who want to work across state borders\n- Tasmanian businesses that employ licensed workers from interstate\n- Tasmanian licensing authorities who need to recognise interstate licences automatically\n\n**Why it matters:** Without this proclamation, the mutual recognition scheme couldn't actually operate in Tasmania. This is the final step that turns the law from an idea into reality."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substance or scope of the Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022. It exercises the power in section 2 to fix the commencement date for Part 2 (1 November 2023), thereby activating that Part’s provisions in Tasmania without changing their content. Administrative publication (Gazette) and departmental administration are procedural only (proclamation text)."},"complexity_factors":["Narrow legal effect: instrument only fixes a commencement date for Part 2 of an Act (proclamation text).","Clear statutory authority: made under section 2 of the named Act (proclamation references s.2).","Low administrative complexity: no substantive rule-making, no transitional regimes contained in the proclamation itself.","Stakeholder impact contingent on Part 2 content: complexity for affected parties depends entirely on the substantive provisions of Part 2, not this proclamation.","Formal publication and administration steps: Gazette notification and Department of Justice administration add routine procedural steps.","Limited executive discretion visible: Governor acts with Executive Council advice to set the date; no ongoing regulatory discretion in the proclamation text."],"plain_english_summary":"This proclamation, made by the Governor of Tasmania under section 2 of the Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022, fixes 1 November 2023 as the day Part 2 of that Act begins in Tasmania. It does not change the Act’s text; it only starts the operation of Part 2, which will impose whatever regulatory duties and entitlements that Part contains on licensed persons and regulators once in force."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"While not a logical flaw in the substantive law, the metadata creates a minor tension: the 'usually updated within 3 working days' assurance is rendered meaningless if the instrument has never in fact been amended, yet the currency statement implies ongoing active currency monitoring of a document that has never changed.","confidence":0.55,"description":"The document states it is 'current from 25 October 2023 to date (accessed 8 April 2026 at 1:18)' yet the file was 'last modified 25 October 2023'. This implies the proclamation has remained entirely static for over two years while simultaneously claiming to reflect current law."},{"type":"impossible_compliance","section":"Entire Document","severity":"high","reasoning":"Under general principles of statutory interpretation and the Acts Interpretation Act 1931 (Tas), a proclamation derives its authority from an enabling Act and must contain operative content to have legal effect. If the document as presented is the complete instrument, it proclaims nothing, making it impossible for any person or body to comply with, rely upon, or give effect to it. It is circular: it exists as a legal instrument that performs no legal act.","confidence":0.72,"description":"The proclamation document as reproduced contains no operative provisions whatsoever. A proclamation is an executive instrument that must actually proclaim something (e.g., a commencement date, a declaration, a schedule of provisions brought into force). A proclamation with no operative text is a legal nullity — it cannot perform any legal function."},{"type":"other","section":"Title / Enabling Act Reference","severity":"medium","reasoning":"Subordinate instruments must identify, expressly or by necessary implication, the statutory power being exercised. A proclamation that cites only the parent Act without specifying which provision authorises the proclamation creates ambiguity as to whether the correct power was engaged, potentially rendering the instrument invalid for want of authority.","confidence":0.65,"description":"The proclamation purports to be made 'under the Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022', yet no operative clause links the proclamation to any specific section of that Act conferring the relevant proclamation power. Without identifying the source of the power exercised, the instrument may be ultra vires."}],"contradictions":[{"severity":"low","section_a":"Status Information - 'usually updated within 3 working days after a change to the legislation'","section_b":"Authorisation - 'File last modified 25 October 2023'","confidence":0.5,"description":"The site represents that it reflects current law updated within 3 working days of any change, yet the file modification date has not advanced beyond 25 October 2023 despite the access date being 8 April 2026. If any amendment had occurred in that ~2.5 year window, the modification date would have changed. The assurance of timeliness is either false (if amendments exist but are not reflected) or vacuous (if no amendments have occurred, making the assurance untestable in this instance)."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Proclamation does exactly what a commencement proclamation is designed to do — it activates the parent Act. There is no indication of any expansion or narrowing of the original legislative intent. The scope remains consistent with Tasmania aligning its occupational licensing framework with the national Automatic Mutual Recognition scheme."},"complexity_factors":["The document itself is a bare Proclamation with almost no substantive content — it is purely a commencement instrument","Complexity is low because no new rules or obligations are created directly by this document","The underlying AMR scheme it activates is moderately complex, but that complexity sits in the parent Act, not here","No definitions, schedules, or regulatory detail are present in this instrument","The document appears to have formatting/duplication artefacts that make it harder to read, but do not add legal complexity"],"plain_english_summary":"This Proclamation brings into effect the Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022 in Tasmania, finalising the state’s legal changes to participate in Australia’s Automatic Mutual Recognition (AMR) scheme. It matters to licensed tradespeople and professionals, Tasmanian licensing authorities, and employers because interstate licence holders can work in Tasmania with less paperwork and delay."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2023-069","history":"/api/acts/tas-sr-2023-069/history","analysis":"/api/acts/tas-sr-2023-069/analysis","conflicts":"/api/acts/tas-sr-2023-069/conflicts","importantCases":"/api/acts/tas-sr-2023-069/important-cases","documents":"/api/acts/tas-sr-2023-069/documents"}}