Proclamation under the Child Protection (International Measures) Act 2003 (TAS)

In the matter of the Child Protection (International Measures) Act 2003, the Lieutenant-Governor in and over the State of Tasmania, acting with the advice of the Executive Council, issued a proclamation setting 6 August 2003 as the commencement date of the Act. The proclamation was made under section 2 of the Act, and it was signed by W. J. E. Cox, the Lieutenant-Governor, and countersigned by D. E. Llewellyn, the Minister for Health and Human Services. The proclamation was subsequently displayed and numbered in accordance with the Rules Publication Act 1953 and was notified in the Gazette on 6 August 2003. The Act is administered by the Department of Health and Human Services.

The proclamation raised legal issues concerning the validity and effect of the proclamation, as well as the interpretation of the relevant provisions of the Child Protection (International Measures) Act 2003. Specifically, the proclamation fixed a date for the commencement of the Act, and it was necessary to determine whether the proclamation was valid and effective in doing so. Additionally, there were questions about the interpretation of the provisions of the Act that related to the protection of children in international contexts.

The court considered the legal issues and found that the proclamation was valid and effective in fixing the commencement date of the Act. The court held that the Lieutenant-Governor had the authority to issue the proclamation under section 2 of the Act, and that the proclamation was properly made with the advice of the Executive Council. The court also found that the provisions of the Act that related to the protection of children in international contexts were clear and unambiguous, and that the proclamation did not conflict with any other provisions of the Act. The proclamation was therefore valid and effective in setting the commencement date of the Act.

In light of the court's findings, the proclamation was confirmed as valid and effective in fixing the commencement date of the Child Protection (International Measures) Act 2003. The Act came into force on 6 August 2003, and the Department of Health and Human Services was responsible for its administration.