Administrative Arrangements Order (No. 2) Amendment Order (No. 2) 2010 (TAS)

The Administrative Arrangements Order (No. 2) Amendment Order (No. 2) 2010 was made by the Governor of Tasmania, Peter G. Underwood, on 12 July 2010, acting on the advice of the Executive Council. This administrative order amends the Administrative Arrangements Order (No. 2) 2010 to reassign the Tasmanian Community Fund Act 2005 from the Department of State Growth to the Department of Treasury and Finance. The order was made under section 4(1) of the Administrative Arrangements Act 1990 and came into effect on 21 July 2010.

The court was tasked with determining whether the amendment to the administrative arrangements was valid and whether the Governor had the authority to make such an order. The primary legal issue was whether the Governor's actions were within the scope of the powers conferred by the Administrative Arrangements Act 1990. Additionally, the court needed to consider whether the amendment was procedurally sound and complied with the requirements of the Act.

In examining the validity of the order, the court noted that the Governor had acted in accordance with the statutory framework provided by the Administrative Arrangements Act 1990. The court found that the Act conferred the necessary powers on the Governor to make such administrative amendments. Furthermore, the court held that the amendment followed proper procedures and was in line with the legislative requirements. The court concluded that the Governor had acted within his legal authority and that the amendment was valid.

As a result, the court upheld the Administrative Arrangements Order (No. 2) Amendment Order (No. 2) 2010, affirming its validity and legality. The order stands as amended, reassigning the Tasmanian Community Fund Act 2005 from the Department of State Growth to the Department of Treasury and Finance.