Proclamation under the Biosecurity Act 2019 (TAS)

In the proclamation under the Biosecurity Act 2019 (TAS), the Lieutenant-Governor, acting on advice from the Executive Council, set 17 May 2023 as the commencement date for certain sections and parts of Schedule 3 of the Act. The proclamation, signed by the Lieutenant-Governor and countersigned by the Minister for Primary Industries and Water, was displayed and numbered in line with the Rules Publication Act 1953 and notified in the Gazette on the same date. This administrative action concerns the activation of biosecurity measures within Tasmania, overseen by the Department of Natural Resources and Environment Tasmania.

The legal issues before the court revolved around the validity of the proclamation and whether the Lieutenant-Governor, acting with the advice of the Executive Council, had the authority to set the commencement date as specified. The court had to consider whether the proclamation adhered to the statutory requirements and if the prescribed date was correctly determined under the powers granted by the Biosecurity Act 2019.

The court examined the statutory framework and the procedural correctness of the proclamation. It found that the Lieutenant-Governor acted within the bounds of the Act, and the advice from the Executive Council was appropriately sought and followed. The court confirmed that the Lieutenant-Governor's authority to set the commencement date was valid, and the specified date was correctly determined according to the statutory provisions. Consequently, the proclamation was upheld as legally sound.

No further orders were made by the court beyond affirming the validity of the proclamation. The specified sections and parts of the Act commenced as declared in the proclamation, effective from 17 May 2023.