Competition Policy Reform (Tasmania) Act 1996 (TAS)

The matter before the court was between the Commissioner of Police and the respondent, who was an employee of the Commissioner. The respondent was charged with misconduct under section 30(1)(a) of the Police Administration Act 1997 (TAS), which pertains to conduct unbecoming of a police officer. The respondent sought to have the charge dismissed on the grounds that the charge was not valid under the Competition Policy Reform (Tasmania) Act 1996 (TAS). The court had to determine whether the charge against the respondent was valid and whether it was subject to the provisions of the Competition Policy Reform (Tasmania) Act 1996 (TAS).

The court found that the charge against the respondent was valid and not subject to the provisions of the Competition Policy Reform (Tasmania) Act 1996 (TAS). The court held that the charge against the respondent was not an offence against the Competition Code of Tasmania and therefore, was not subject to the provisions of the Competition Policy Reform (Tasmania) Act 1996 (TAS). The court further held that the charge against the respondent was valid and could proceed.

The court's decision was based on the interpretation of the provisions of the Competition Policy Reform (Tasmania) Act 1996 (TAS) and the Police Administration Act 1997 (TAS). The court found that the charge against the respondent was not an offence against the Competition Code of Tasmania and therefore, was not subject to the provisions of the Competition Policy Reform (Tasmania) Act 1996 (TAS). The court further held that the charge against the respondent was valid and could proceed.

The court dismissed the respondent's application to have the charge dismissed.