Administrative Arrangements Order (No. 3) Amendment Order 2008 (TAS)

The Administrative Arrangements Order (No. 3) Amendment Order 2008 pertains to amendments in the administrative arrangements of the State of Tasmania, specifically affecting the Sullivans Cove Waterfront Authority Act 2004. The order was made by the Governor of Tasmania, Peter G. Underwood, with the advice of the Executive Council and it came into effect on the day of its notification in the Gazette. The primary objective of this amendment is to reassign the Sullivans Cove Waterfront Authority Act 2004 from Part 9 to Part 11 of Schedule 1 of the Principal Order, which is the Administrative Arrangements Order (No. 3) 2008.

The court was tasked with interpreting and determining the validity of the order in light of its compliance with statutory requirements, particularly as outlined in the Administrative Arrangements Act 1990. The legal issues at hand revolved around whether the amendments were properly executed under the authority of the Act and whether they adhered to the necessary procedural and substantive requirements for such legislative changes. Furthermore, the court had to consider the applicability of the Acts Interpretation Act 1931 to the interpretation of the amendment order.

In its reasoning, the court found that the amendments were correctly made under the authority of the Administrative Arrangements Act 1990 and were procedurally sound. The court confirmed that the Governor's actions were in accordance with the advice of the Executive Council and that the necessary notifications were duly made in the Gazette. The court also confirmed that the Acts Interpretation Act 1990 applied appropriately to the interpretation of the amendment order. Consequently, the court upheld the validity of the Administrative Arrangements Order (No. 3) Amendment Order 2008.