{"id":"tas:sr-2024-046","name":"Proclamation under the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023","slug":"tas-sr-2024-046","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"46 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313787,"registerId":"tas-tas:sr-2024-046-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023","content":"> Proclamation under the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023\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 [Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023](/view/html/inforce/2026-04-12/act-2023-009) fix 1 October 2024 as the day on which Parts 2, 3, 4, 5 and 8 of that Act commence.\n\n9 September 2024\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nMICHAEL DARREL JOSEPH FERGUSON\n\nMinister for Small Business 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 18 September 2024\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 procedural commencement instrument performing exactly the function intended — bringing specified parts of an Act into force on a nominated date. The scope has not expanded beyond this singular purpose."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No conditional logic or exceptions","No cross-references to other legislation (except citation of the parent Act and Rules Publication Act)","Standard proclamation format — essentially a template document with blanks filled in"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings specific parts of a Tasmanian law into force on a particular date.\n\n**What it does:**\n- The Governor of Tasmania has officially declared that **Parts 2, 3, 4, 5 and 8** of the *Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023* will start operating on **1 October 2024**.\n- This means those sections of the law weren't active immediately when the Act was passed in 2023 — they needed this separate \"starting gun\" to begin.\n\n**Who it affects:**\n- **Homeowners and residential builders in Tasmania** — the underlying Act makes various changes to consumer protection laws for residential building work.\n- **Government agencies** responsible for enforcing building and consumer laws, who must be ready to apply the new rules from 1 October 2024.\n\n**Why it matters:**\n- Laws often pass Parliament in one year but don't start immediately. This proclamation tells everyone exactly when the new building consumer protections take effect.\n- Not all parts of the Act are starting yet — Parts 1, 6 and 7 (likely covering preliminary matters, transitional provisions, or other amendments) presumably started earlier or will start later.\n\n**Key takeaway:** If you're a Tasmanian homeowner or builder, the new consumer protection rules in Parts 2–5 and 8 became enforceable from 1 October 2024."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the content or coverage of the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023. It solely fixes the commencement date for specified Parts under section 2 of the Act, making those Parts legally operative on 1 October 2024."},"complexity_factors":["Narrow procedural purpose: fixes commencement date only (no substantive amendments contained in the proclamation).","Cross-reference to enabling provision (s 2 of the Act) required to validate the proclamation.","Multiple Parts commenced simultaneously increases coordination demands for regulators and affected parties.","Temporal gap between signature (9 Sept 2024), Gazette notification (18 Sept 2024) and commencement (1 Oct 2024) creates a short implementation window.","Administrative traceability: instrument records Governor, Executive Council advice, Minister and administering department (Department of Justice)."],"plain_english_summary":"This proclamation by the Governor of Tasmania fixes 1 October 2024 as the day Parts 2, 3, 4, 5 and 8 of the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023 start to operate (made under s 2 of the Act). It was signed on 9 September 2024 and notified in the Gazette on 18 September 2024.\n\nMechanically, the instrument makes those Parts legally effective on that date. People and businesses regulated by the Act will become subject to the new duties, rights or penalties in those Parts from 1 October 2024. The Governor (acting with the Executive Council) made the decision; administration is with the Department of Justice."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation instrument by design has a narrow, fixed purpose — to bring legislation into force on a specified date. There is no indication of scope change from that original intent. The proclamation does exactly what such instruments are meant to do."},"complexity_factors":["This is a procedural proclamation instrument only — it activates legislation rather than creating substantive rules itself","Minimal operative content is visible in the provided text; the document is largely administrative metadata","The underlying parent Act (Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023) would carry the genuine complexity, not this instrument","Straightforward single-purpose document: setting a commencement date"],"plain_english_summary":"This Proclamation by the Governor of Tasmania brings into force parts of the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023, making its consumer‑protection changes enforceable from 18 September 2024. It affects homeowners, people building new homes, residential builders/contractors and developers in Tasmania. The proclamation itself is administrative; the specific legal changes and protections are set out in the parent Act."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"medium","reasoning":"A document cannot have been genuinely accessed on 8 April 2026 if that date has not yet occurred. This creates an internal logical impossibility — the metadata purports to record a future event as having already happened, undermining the reliability of the entire instrument's versioning system.","confidence":0.75,"description":"The document states it was accessed on '8 April 2026 at 1:17' while simultaneously stating the file was last modified '18 September 2024'. The access date of April 2026 is a future date relative to any reasonable current date, suggesting either a metadata error or a fabricated access timestamp."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"While not a legal absurdity per se, the standing promise of timely updates alongside a static, long-unchanged instrument creates a misleading implication of active maintenance where none is evidenced.","confidence":0.55,"description":"The document states legislation is 'usually updated within 3 working days after a change to the legislation,' yet the version has been 'current from 18 September 2024 to date' with no amendments reflected over an apparent span of approximately 18 months. This renders the update-timeliness assurance functionally meaningless as a consumer protection guarantee."},{"type":"impossible_compliance","section":"Document structure generally","severity":"high","reasoning":"A proclamation under an enabling Act exists solely to bring provisions into operation or make other operative declarations. A proclamation document that is entirely comprised of metadata, status information, and navigation text with no operative clause is legally incoherent — it is a legal instrument that does nothing. Parties cannot comply with or rely upon it, and the Act it purports to operate under cannot be triggered by it.","confidence":0.88,"description":"The Proclamation purports to be a substantive legal instrument under the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023, yet contains no operative provisions whatsoever — no commencement date is proclaimed, no sections are brought into force, and no operative legal effect is identifiable. A Proclamation with no operative content cannot fulfil its statutory purpose."}],"contradictions":[{"severity":"medium","section_a":"Status Information - Currency of version (accessed date: 8 April 2026)","section_b":"Authorisation - File last modified 18 September 2024","confidence":0.7,"description":"The document simultaneously claims to have been last modified on 18 September 2024 and to have been accessed on 8 April 2026. If the file was last modified in September 2024 and the legislation site updates within 3 working days of changes, but the version is described as current 'to date' at April 2026, this implies either no changes have occurred in ~18 months (consistent with the modification date) or that the access date is erroneous. The metadata is internally contradictory as to the temporal reliability of the document."}]}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2024-046","history":"/api/acts/tas-sr-2024-046/history","analysis":"/api/acts/tas-sr-2024-046/analysis","conflicts":"/api/acts/tas-sr-2024-046/conflicts","importantCases":"/api/acts/tas-sr-2024-046/important-cases","documents":"/api/acts/tas-sr-2024-046/documents"}}