Administrative Arrangements Order 2009 (TAS)

The Administrative Arrangements Order 2009 (TAS) is an order made by the Governor of Tasmania, exercising the powers granted under section 4(1) of the Administrative Arrangements Act 1990. The order assigns various enactments and government departments to specific ministers, defining their responsibilities and scope of administration. The primary legal issue the court would have to decide relates to the validity and scope of the assignments made by the order, ensuring that they comply with the requirements of the Administrative Arrangements Act 1990 and do not exceed the powers granted to the Governor. The court would need to review the order to ensure that the assignments are clear, do not overlap, and are within the legislative framework.

The court's reasoning would likely involve a detailed examination of the order, cross-referencing with the relevant acts and previous administrative arrangements to ensure that the assignments are consistent with the law. The court would also consider whether the order properly reflects the intent of the Administrative Arrangements Act 1990, which is to streamline and clarify the administration of government functions. The outcome would hinge on whether the order meets these legal standards, with any deficiencies potentially leading to a declaration of invalidity or partial invalidity of certain clauses.

If necessary, the court may make orders to correct any invalid provisions or to clarify the scope of certain assignments to ensure they align with the legislative intent and do not exceed the powers of the Governor under the act.