{"id":"tas:sr-2024-037","name":"Proclamation under the Container Refund Scheme Act 2022","slug":"tas-sr-2024-037","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"37 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313778,"registerId":"tas-tas:sr-2024-037-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Container Refund Scheme Act 2022","content":"> Proclamation under the Container Refund Scheme 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-2022-005#GS2@EN) [Container Refund Scheme Act 2022](/view/html/inforce/2026-04-12/act-2022-005) fix 27 August 2024 as the day on which the following provisions of that Act commence:\n\n> > (a) [Part 1](/view/html/inforce/2026-04-12/act-2022-005#HP1@EN) ;\n> \n> > (b) [Division 3 of Part 2](/view/html/inforce/2026-04-12/act-2022-005#HP2@HD3@EN) ;\n> \n> > (c) [Division 1 of Part 3](/view/html/inforce/2026-04-12/act-2022-005#HP3@HD1@EN) ;\n> \n> > (d) [sections 12](/view/html/inforce/2026-04-12/act-2022-005#GS12@EN) , [33](/view/html/inforce/2026-04-12/act-2022-005#GS33@EN) , [34](/view/html/inforce/2026-04-12/act-2022-005#GS34@EN) , [41](/view/html/inforce/2026-04-12/act-2022-005#GS41@EN) and [46](/view/html/inforce/2026-04-12/act-2022-005#GS46@EN) .\n\n26 August 2024\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nN. DUIGAN\n\nMinister for Parks and Environment\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 27 August 2024\n\nThis proclamation is administered in the Department of Natural Resources and Environment Tasmania.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement instrument performing exactly the function intended — bringing selected provisions into force. The selective commencement (not the whole Act) is a deliberate, conventional approach to staged implementation rather than scope creep."},"complexity_factors":["Single operative clause fixing a commencement date","No defined terms — references are purely mechanical citations to other provisions","No conditional logic or exceptions","Document is 1 paragraph of substance plus formal preamble and signatures","Total length: approximately 150 words of operative content"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings specific parts of Tasmania's Container Refund Scheme Act 2022 into legal effect on **27 August 2024**.\n\n**What it does:**\n- The Governor of Tasmania (acting on ministerial advice) has officially \"switched on\" selected sections of the Act\n- Not the entire Act — just specific parts: the introductory provisions (Part 1), rules about scheme participants (Division 3 of Part 2), registration requirements (Division 1 of Part 3), and five individual sections scattered through the Act\n\n**Who it affects:**\n- Beverage manufacturers, retailers, and recycling operators in Tasmania who must now comply with the activated provisions\n- Consumers who can start participating in the container refund scheme once these rules take effect\n\n**Why it matters:**\n- Without this proclamation, the Act was just words on paper — now these specific provisions are legally enforceable\n- This staged approach lets the government roll out the scheme gradually rather than all at once"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive scope or content of the Container Refund Scheme Act 2022. It merely brings specified Parts and sections into force on a stated date; any change to rights, duties or powers must come from the Act itself, not this commencement proclamation."},"complexity_factors":["Narrow legal effect: the instrument only fixes a commencement date for specified Parts and sections of the Act (straightforward temporal operation).","Multiple cross-references: applies to several Parts and individual sections (Part 1; Div 3 of Part 2; Div 1 of Part 3; ss 12, 33, 34, 41, 46), so users must cross-check the Act to see substantive obligations.","Clear temporal certainty: a single fixed date (27 August 2024) reduces interpretive ambiguity about when obligations begin.","Formalisation steps: Governor acting with Executive Council advice and Gazette notification are required legal formalities.","Administrative assignment: the proclamation names the Department of Natural Resources and Environment Tasmania as the administering agency, creating a clear point of contact for implementation and compliance."],"plain_english_summary":"**What this does:** This proclamation sets 27 August 2024 as the day certain Parts and sections of the Container Refund Scheme Act 2022 start to operate (Part 1; Division 3 of Part 2; Division 1 of Part 3; ss 12, 33, 34, 41 and 46). It thereby activates the legal powers, duties and administrative arrangements in those provisions for the people and organisations covered by the Act. The Governor made the proclamation on Executive Council advice; the Department of Natural Resources and Environment Tasmania will administer it."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, this Proclamation appears to perform its standard function of commencing the Container Refund Scheme Act 2022 (or provisions within it) without any apparent expansion or narrowing of the Act's original scope. There is no evidence of scope drift from the legislation's stated purpose."},"complexity_factors":["The document itself is purely procedural — it is a Proclamation (a commencement notice), not substantive legislation with detailed rules","The actual legal complexity sits in the Container Refund Scheme Act 2022 itself, which is not fully reproduced here","Minimal text is provided, making assessment of any nuanced provisions impossible","Proclamations are structurally simple legal instruments with a single purpose: activating another law or a part thereof"],"plain_english_summary":"This Proclamation formally brings the Container Refund Scheme Act 2022 into effect in Tasmania (commencing 27 August 2024). It lets people return eligible drink containers to designated collection points for a small cash refund, aiming to cut litter and boost recycling. It affects Tasmanian consumers, retailers/suppliers and operators of collection sites."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"While this is likely a metadata or web-scraping artefact rather than a substantive legislative defect, the document's own internal timestamps are inconsistent with standard legislative currency claims. A document 'accessed' in April 2026 referencing amendments up to August 2024 raises questions about what amendments may have occurred in the intervening ~20 months that are not reflected.","confidence":0.6,"description":"The document states it was 'accessed 8 April 2026 at 1:17' but also states the 'File last modified 16 April 2025'. The access date of 8 April 2026 is a future date relative to any plausible drafting context, yet the document presents itself as currently operative legislation, creating a temporal paradox in its own metadata."},{"type":"impossible_compliance","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation is a formal executive instrument with legal effect. Including an operational website maintenance promise ('usually updated within 3 working days') within the body of the status information conflates administrative website policy with legislative content. The word 'usually' also renders the commitment legally meaningless, as non-compliance cannot be established.","confidence":0.55,"description":"The legislation states it is 'usually updated within 3 working days after a change to the legislation' but provides no mechanism, obligation, or enforcement provision within the proclamation itself to ensure this occurs. A proclamation cannot bind the web administrator responsible for updating the site, making this a promise with no legal force embedded in the instrument."},{"type":"other","section":"Title - Proclamation under the Container Refund Scheme Act 2022","severity":"medium","reasoning":"Under Australian administrative law principles, a subordinate instrument such as a proclamation must clearly identify its enabling legislation. A truncated title ('Proclamation under the Contain') could, in a strict interpretive sense, create uncertainty as to whether the instrument is made under the Container Refund Scheme Act 2022 or some other Act beginning with 'Contain'. While context resolves this, the formal defect in the title as published is notable.","confidence":0.5,"description":"The document title is repeated no fewer than four times in full across the header and body, and appears in a truncated form ('Proclamation under the Contain') twice. A proclamation truncating its own enabling Act's name in its formal title creates ambiguity about which Act it is made under, which is a foundational requirement for a valid subordinate instrument."},{"type":"impossible_compliance","section":"Entire document","severity":"high","reasoning":"If this represents the complete text of the instrument as gazetted or published, it is legally void for want of operative content. A proclamation with no operative clause does not bring any provision into force, declare any fact, or create any legal obligation. Any party seeking to rely on or comply with this instrument would find it impossible to do so. This may indicate a serious publication or reproduction error.","confidence":0.75,"description":"The proclamation as reproduced contains no operative provisions whatsoever. A proclamation is an executive instrument used to bring legislation into force, appoint persons, fix dates, or declare facts. This document, as presented, contains only metadata, status information, and repeated titles — making it impossible to determine what legal effect, if any, it has or had."}],"contradictions":[{"severity":"medium","section_a":"Status Information - 'Version current from 27 August 2024 to date'","section_b":"Status Information - 'File last modified 16 April 2025'","confidence":0.7,"description":"The document claims the version is current 'from 27 August 2024 to date', suggesting no amendments since that date, yet the file was last modified on 16 April 2025 — approximately eight months later. A modification to the file after the stated currency commencement date implies either an amendment occurred (contradicting the 'to date' currency claim) or the file was modified for non-legislative reasons, which is undisclosed."},{"severity":"low","section_a":"Status Information - 'Legislation on this site is usually updated within 3 working days after a change to the legislation'","section_b":"Table of Amending Instruments - '(click to view Table of Amendments)'","confidence":0.5,"description":"The existence of a Table of Amendments hyperlink implies there are amending instruments to the proclamation, yet the currency statement ('Version current from 27 August 2024 to date') does not specify whether those amendments are incorporated into the current version. If amendments exist but are not reflected in the version, the '3 working days' update promise has not been met. If no amendments exist, the Table of Amendments is misleading."}]}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2024-037","history":"/api/acts/tas-sr-2024-037/history","analysis":"/api/acts/tas-sr-2024-037/analysis","conflicts":"/api/acts/tas-sr-2024-037/conflicts","importantCases":"/api/acts/tas-sr-2024-037/important-cases","documents":"/api/acts/tas-sr-2024-037/documents"}}