Local Government Amendment (Elections) Act 2013 (TAS)

The case involved an appeal by the Tasmanian Electoral Commission (TEC) against the decision of the Local Government (Tasmania) Magistrates Court to dismiss the TEC’s application for a declaration that certain provisions of the Local Government Amendment (Elections) Act 2013 (TAS) were invalid. The Local Government Amendment (Elections) Act 2013 (TAS) was enacted to amend the Local Government Act 1993 (TAS) in relation to local government elections in Tasmania. The TEC challenged the validity of certain provisions of the amending Act, arguing that they were inconsistent with the Tasmanian Constitution and therefore invalid. The TEC sought a declaration that certain sections of the amending Act were invalid, including those that increased the term of office of councillors from two to four years, altered the term of office for councillors elected in the 2011 election, and amended provisions relating to voting and enrolment in local government elections.

The court was required to determine whether the provisions of the Local Government Amendment (Elections) Act 2013 (TAS) were valid and consistent with the Tasmanian Constitution. The court considered whether the amending Act was within the legislative power of the Tasmanian Parliament and whether it was consistent with the requirements of the Tasmanian Constitution. The court also considered whether the provisions of the amending Act were consistent with the provisions of the Local Government Act 1993 (TAS) and whether they were necessary and appropriate to achieve the objectives of the amending Act.

The court found that the provisions of the Local Government Amendment (Elections) Act 2013 (TAS) were valid and consistent with the Tasmanian Constitution. The court held that the Tasmanian Parliament had the legislative power to amend the Local Government Act 1993 (TAS) in relation to local government elections and that the provisions of the amending Act were necessary and appropriate to achieve the objectives of the amending Act. The court also found that the provisions of the amending Act were consistent with the provisions of the Local Government Act 1993 (TAS) and did not contravene any provisions of the Tasmanian Constitution. The court dismissed the TEC’s application for a declaration that the provisions of the amending Act were invalid.

The court dismissed the Tasmanian Electoral Commission’s appeal and affirmed the decision of the Local Government (Tasmania) Magistrates Court to dismiss the TEC’s application for a declaration that certain provisions of the Local Government Amendment (Elections) Act 2013 (TAS) were invalid. The court held that the provisions of the amending Act were valid and consistent with the Tasmanian Constitution. The court found that the Tasmanian Parliament had the legislative power to amend the Local Government Act 1993 (TAS) in relation to local government elections and that the provisions of the amending Act were necessary and appropriate to achieve the objectives of the amending Act. The court also held that the provisions of the amending Act were consistent with the provisions of the Local Government Act 1993 (TAS) and did not contravene any provisions of the Tasmanian Constitution.