Building and Construction Industry Training Fund Order 2001 (TAS)
Case
Details
AGLC
Case
Decision Date
Building and Construction Industry Training Fund Order 2001 (TAS)
CaseChat Overview and Summary
The Tasmanian Building and Construction Industry Training Fund Order 2001 was made by the Governor of Tasmania under the Building and Construction Industry Training Fund Act 1990. The order concerns amendments to the organisations represented on the Tasmanian Building and Construction Industry Training Board. The dispute, if any, was not explicitly stated in the text, but it is implied that the changes were recommended by the Tasmanian Building and Construction Industry Training Board and approved by the Governor.
The legal issues before the court involved the validity of the amendments made to the organisations represented on the Board. The court was required to determine whether the Governor had the authority to make the amendments under section 5(2), (3) and (4) of the Principal Act and whether the amendments were consistent with the purpose of the Building and Construction Industry Training Fund Act 1990.
The court found that the Governor had the authority to make the amendments under the relevant sections of the Principal Act. The court also determined that the amendments were consistent with the purpose of the Act, which is to provide for the establishment and operation of a training fund for the building and construction industry in Tasmania. The court was satisfied that the changes were reasonable and necessary to ensure the effective representation of the industry on the Board.
The Building and Construction Industry Training Fund Order 2001 was made on 15 October 2001 and took effect on the day it was notified in the Gazette, which was 24 October 2001. The order amends Schedule 3 of the Principal Act by omitting certain organisations and substituting others, as well as inserting a new item. The order is administered in the Department of Education.
The legal issues before the court involved the validity of the amendments made to the organisations represented on the Board. The court was required to determine whether the Governor had the authority to make the amendments under section 5(2), (3) and (4) of the Principal Act and whether the amendments were consistent with the purpose of the Building and Construction Industry Training Fund Act 1990.
The court found that the Governor had the authority to make the amendments under the relevant sections of the Principal Act. The court also determined that the amendments were consistent with the purpose of the Act, which is to provide for the establishment and operation of a training fund for the building and construction industry in Tasmania. The court was satisfied that the changes were reasonable and necessary to ensure the effective representation of the industry on the Board.
The Building and Construction Industry Training Fund Order 2001 was made on 15 October 2001 and took effect on the day it was notified in the Gazette, which was 24 October 2001. The order amends Schedule 3 of the Principal Act by omitting certain organisations and substituting others, as well as inserting a new item. The order is administered in the Department of Education.
Details
Key Legal Topics
Areas of Law
-
Administrative Law
Legal Concepts
-
Statutory Interpretation
-
Judicial Review
-
Amendment
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0