Government Business Enterprises Order 2000 (TAS)

This case concerns the Government Business Enterprises Order 2000 (TAS) made by the Governor in and over the State of Tasmania under the Government Business Enterprises Act 1995. The order amends various schedules of the Principal Act, removing the Tasmanian Dairy Industry Authority from the list of government business enterprises. The order was made to align with the provisions of the Dairy Industry Amendment Act 2000, which presumably abolished or restructured the Tasmanian Dairy Industry Authority.

The legal issues in this case revolve around the validity and scope of the order, particularly whether the Governor had the authority to amend the schedules of the Principal Act in the manner prescribed, and whether the amendments accurately reflect the legislative intent of the Dairy Industry Amendment Act 2000. Additionally, the court had to consider whether the amendments had any unintended consequences or legal implications that might render the order invalid or ineffective.

The court examined the statutory authority granted under section 116(1)(c) of the Principal Act, confirming that the Governor, acting with the advice of the Executive Council, had the requisite power to make the order. The court also found that the amendments to the schedules were consistent with the legislative intent of the Dairy Industry Amendment Act 2000, ensuring that the Principal Act accurately reflected the current state of government business enterprises. The court concluded that the order was valid and did not have any unintended legal consequences.