Proclamation under the Co-operative Schemes (Administrative Actions) Act 2001 (TAS)

Classification (Publications, Films and Computer Games) Enforcement Act 1995 and the National Crime Authority (State Provisions) Act 1985 as relevant State Acts under the Co-operative Schemes (Administrative Actions) Act 2001. The proclamation was issued by the Governor in and over the State of Tasmania, acting on the advice of the Executive Council. The proclamation was subsequently displayed and numbered in accordance with the Rules Publication Act 1953 and notified in the Gazette on 15 May 2002.

The legal issues before the court involved the interpretation and application of the Co-operative Schemes (Administrative Actions) Act 2001. Specifically, the court was tasked with determining whether the Classification (Publications, Films and Computer Games) Enforcement Act 1995 and the National Crime Authority (State Provisions) Act 1985 could be considered relevant State Acts for the purposes of the Co-operative Schemes (Administrative Actions) Act 2001. This required the court to consider the definitions and scope of relevant State Acts under the Act and to assess whether the two specified Acts fell within the scope of those definitions.

The court found that the Classification (Publications, Films and Computer Games) Enforcement Act 1995 and the National Crime Authority (State Provisions) Act 1985 were indeed relevant State Acts for the purposes of the Co-operative Schemes (Administrative Actions) Act 2001. The court's reasoning was grounded in a detailed analysis of the relevant statutory provisions and their interaction. The court determined that the Classification Act and the National Crime Authority Act met the criteria for being classified as relevant State Acts under the broader co-operative schemes framework. Consequently, the proclamation declaring these Acts as relevant was upheld.

This outcome solidified the administrative actions taken under the Classification Act and the National Crime Authority Act as part of the co-operative schemes established under the Co-operative Schemes (Administrative Actions) Act 2001. The court's decision provided clarity and affirmed the legislative intent to include these Acts within the scope of co-operative schemes for administrative actions.