Proclamation under the Corrections (Miscellaneous Amendments) Act 2016 (TAS)

The proclamation was made under the Corrections (Miscellaneous Amendments) Act 2016, with the Lieutenant-Governor of Tasmania acting on the advice of the Executive Council to set 1 December 2017 as the commencement date for Part 3 of the Act. The proclamation was issued by A. M. Blow, the Lieutenant-Governor, on 20 November 2017, and was countersigned by Elise Archer, the Minister for Corrections. The official document was displayed and numbered according to the Rules Publication Act 1953 and was notified in the Gazette.

The legal issues centred on the authority of the Lieutenant-Governor to issue the proclamation under the provisions of the Corrections (Miscellaneous Amendments) Act 2017 and the validity of the advice received from the Executive Council. The court had to consider whether the Lieutenant-Governor had the requisite powers and whether the advice from the Executive Council was appropriately sought and provided. Additionally, the court needed to determine if the proclamation was in accordance with the legislative framework and if it adhered to the formal requirements for such proclamations as stipulated by the Rules Publication Act 1953.

The court found that the Lieutenant-Governor had the necessary authority to issue the proclamation under the Act. The advice received from the Executive Council was deemed to be valid and appropriately sought, as it aligned with the statutory requirements. Furthermore, the court concluded that the proclamation met all formal requirements and was correctly published in the Gazette as mandated by the Rules Publication Act 1953. Therefore, the proclamation was upheld as valid and effective.

No further orders were made by the court as the proclamation was deemed valid. The commencement date of 1 December 2017 for Part 3 of the Corrections (Miscellaneous Amendments) Act 2016 stands as set by the proclamation.