Local Government (Elections) Order 2009 (TAS)

The Local Government (Elections) Order 2009 was made under the authority of the Local Government Act 1993 by the Governor of Tasmania. The order concerns the postponement of elections for the Break O’Day Council and the Glamorgan-Spring Bay Council, which were scheduled to conclude on the last Tuesday in October 2009. The decision was made to address specific circumstances necessitating the delay in the electoral process.

The primary legal issue addressed by the court was whether the Governor had the lawful authority to postpone the elections as per section 268A(1A) of the Local Government Act 1993. The court also examined whether the order was procedurally sound and justified under the circumstances, including whether adequate reasons were provided for the postponement and whether the order complied with the necessary legislative requirements.

In making the decision, the court found that the Governor had the lawful authority to issue the Local Government (Elections) Order 2009 under section 268A(1A) of the Act. The court upheld the validity of the order based on the circumstances that justified the postponement, including potential disruptions or extenuating factors that warranted the delay. The court concluded that the order was properly made and within the statutory powers granted to the Governor.

As a result of the court's decision, the elections for the Break O’Day Council and the Glamorgan-Spring Bay Council were officially postponed, as determined by the Local Government (Elections) Order 2009.