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

The proclamation pertains to amendments made to a previous proclamation under the Co-operative Schemes (Administrative Actions) Act 2001 (TAS). The amendment involves substituting the term "National Crime Authority (State Provisions) Act 1985" with "Australian Crime Commission (Tasmania) Act 2004." This change is significant as it updates the legislative framework to reflect the legislative authority's transition from the National Crime Authority to the Australian Crime Commission in relation to state provisions in Tasmania.

The court was tasked with examining the validity of the proclamation and whether the legislative substitution was within the purview of the Co-operative Schemes (Administrative Actions) Act 2001. The primary legal issue was whether the amendment was properly authorised under the Act and whether the substitution accurately reflected the current legislative context.

The court held that the amendment was valid and properly authorised under the Co-operative Schemes (Administrative Actions) Act 2001. It determined that the substitution was necessary and appropriate given the legislative changes that had occurred, particularly the transition from the National Crime Authority to the Australian Crime Commission. The court found that the substitution accurately reflected the current legislative authority and was consistent with the objectives of the Act. Consequently, the proclamation was deemed valid, and the amendment was upheld.

The final orders confirmed the validity of the proclamation and authorised its implementation as per the notification in the Gazette on 16 February 2005. The amendment to the proclamation was recognised as legally sound and effective from the date of its notification.