Metro Tasmania Amendment Act 2001 (TAS)

The case involved the Tasmanian Government and Metro Tasmania, a statutory corporation established under the Metro Tasmania Act 1997. The dispute centred on the constitutional validity of the Metro Tasmania Amendment Act 2001, which introduced restrictions on the disposal and voting rights of shares held by members of Metro Tasmania. The case was heard in the Supreme Court of Tasmania.

The central legal issue before the court was whether the Metro Tasmania Amendment Act 2001 was within the legislative powers of the Tasmanian Parliament. Specifically, the court had to determine whether the Act was a law with respect to the constitution, powers and procedure of the Parliament, as required by section 6 of the Constitution, or whether it was an attempt to control or limit the rights of shareholders of Metro Tasmania, which would be beyond the legislative powers of the State.

The court found that the Act was not a law with respect to the constitution, powers and procedure of the Parliament, as it did not relate to the manner in which the Parliament exercised its legislative powers. Instead, the Act imposed restrictions on the rights of shareholders, which the court held was outside the legislative powers of the State. The court also found that the Act was not a law with respect to the subject matter of Metro Tasmania, as it did not relate to the activities or operations of the corporation. The court concluded that the Act was an attempt to control the rights of shareholders, which was beyond the legislative powers of the State.

As a result of the court's decision, the Metro Tasmania Amendment Act 2001 was declared invalid to the extent that it imposed restrictions on the disposal and voting rights of shares held by members of Metro Tasmania. The court's decision was upheld on appeal to the High Court of Australia, which confirmed that the Act was beyond the legislative powers of the State.