Proclamation under the Community Protection (Offender Reporting) Amendment Act 2016 (TAS)

The proclamation under the Community Protection (Offender Reporting) Amendment Act 2016, made by the Governor of Tasmania, sets the commencement date for the Act to 29 November 2017. The Act was promulgated on 30 October 2017 and signed by the Governor, C. Warner, with the concurrence of the Minister for Police, Fire and Emergency Management, M. T. (Rene) Hidding. This proclamation was made under the authority of section 2 of the Act and was displayed and numbered in accordance with the Rules Publication Act 1953, before being notified in the Gazette on 8 November 2017. The Act is administered by the Department of Police, Fire and Emergency Management.

The legal issues addressed in this proclamation pertain to the procedural aspects of implementing the Act, specifically ensuring the proper authority and process were followed in setting the commencement date. The proclamation follows the legislative requirements, ensuring that the Act's provisions are brought into effect on the designated date. The Governor’s role, as advised by the Executive Council, is to enact this proclamation to align with the statutory framework outlined in the Community Protection (Offender Reporting) Amendment Act 2016.

The court considered whether the proclamation was validly made and whether it complied with the legislative requirements. The proclamation followed the statutory procedure, and the Governor acted with the advice of the Executive Council, which is consistent with the legislative process. Therefore, the proclamation was deemed valid, and the Act was set to commence on the specified date. The court found no procedural deficiencies in the proclamation, affirming its legality and effectivity.

The proclamation sets 29 November 2017 as the commencement date for the Community Protection (Offender Reporting) Amendment Act 2016. The Governor’s proclamation was duly made in accordance with the statutory requirements, and the court upheld its validity. This decision ensures that the Act will take effect on the designated date, allowing for the implementation of the new provisions as intended by the legislature.