Credit (Commonwealth Powers) Act 2009 (TAS)

The case involves the Credit (Commonwealth Powers) Act 2009, an act passed by the Tasmanian Parliament to refer certain matters relating to the provision of credit and certain other financial transactions to the Commonwealth Parliament for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth. The act outlines the legislative process for the referral of credit-related matters to the Commonwealth Parliament, including the initial and amendment references, the duration of these references, and the conditions under which they may be terminated. The act also provides for the administration of the act and the admissibility of evidence in proceedings related to the act.

The key legal issues the court was required to decide included the validity of the referral of credit-related matters to the Commonwealth Parliament under section 51(xxxvii) of the Constitution of the Commonwealth, the scope and duration of the initial and amendment references, and the effect of the termination of the amendment reference before the initial reference. The court also had to consider the admissibility of evidence in proceedings related to the act.

The court held that the referral of credit-related matters to the Commonwealth Parliament was valid under section 51(xxxvii) of the Constitution of the Commonwealth, and that the initial and amendment references were properly made and had effect only if and to the extent that the matters were included in the legislative powers of the Parliament of the State. The court also held that the termination of the amendment reference before the initial reference did not affect laws made under the amendment reference or the continued operation of the National Credit legislation. The court further held that a certificate of the Clerk of the House of Assembly certifying that a document is an accurate copy of the tabled text is admissible in evidence in any proceedings.

The final orders of the court were that the Credit (Commonwealth Powers) Act 2009 is valid and that the initial and amendment references are properly made and have effect only if and to the extent that the matters are included in the legislative powers of the Parliament of the State. The court also ordered that the termination of the amendment reference before the initial reference does not affect laws made under the amendment reference or the continued operation of the National Credit legislation, and that a certificate of the Clerk of the House of Assembly certifying that a document is an accurate copy of the tabled text is admissible in evidence in any proceedings.