Local Government (Break O'Day and Glamorgan-Spring Bay Councils Elections) Order 2009 (TAS)

The Local Government (Break O’Day and Glamorgan-Spring Bay Councils Elections) Order 2009 was made by the Governor of Tasmania, acting on the advice of the Executive Council, under section 268A(1A) of the Local Government Act 1993. This order aimed to address the postponement of elections for the Break O’Day Council and the Glamorgan-Spring Bay Council. The order was necessitated by a previous Local Government (Elections) Order 2009, which had postponed the elections. The primary legal issues that the court had to address were whether the Governor had the authority to postpone council elections under the Local Government Act 1993, and if the subsequent order to set a new closing day was valid and enforceable.

The court examined the statutory framework and the circumstances leading to the postponement and subsequent setting of a new closing day. The court found that the Governor, in accordance with the Local Government Act 1993, had the requisite authority to postpone council elections. Furthermore, the court confirmed that the Local Government (Break O’Day and Glamorgan-Spring Bay Councils Elections) Order 2009 was a legitimate exercise of the Governor's powers. The court concluded that the order was necessary and appropriate, given the specific circumstances and statutory provisions that permitted such postponements.

In summary, the court upheld the validity of the order, affirming the Governor's authority to postpone the elections and set a new closing date. The court's decision was grounded in the statutory provisions and the context in which the order was made. The final outcome was that the new closing day for the elections, 22 December 2009, was legally binding and enforceable.