Proclamation under the COVID-19 Disease Emergency (Commercial Leases) Act 2020 (TAS)

In the Supreme Court of Tasmania, the plaintiff, a commercial landlord, sought a declaration and an injunction against the Tasmanian Minister for Building and Construction, who had made a proclamation under the COVID-19 Disease Emergency (Commercial Leases) Act 2020, effective from 24 July 2020. The Act provided that during a declared COVID-19 disease emergency, the Governor in Council could make a proclamation that would suspend the operation of certain provisions of the Residential Tenancies Act 1999, including the requirement for a landlord to give tenants at least 30 days' notice to terminate a lease.

The central legal issues before the Court were whether the Minister had the power to make the proclamation under the Act and whether the proclamation was valid and lawful. The plaintiff argued that the Minister exceeded the scope of the Act by making a proclamation that applied to commercial leases, which were not within the purview of the Act. The plaintiff also contended that the Minister did not follow the proper process for making a proclamation and that the proclamation was inconsistent with the object and purpose of the Act. The Minister, on the other hand, asserted that the Act conferred on the Governor in Council the power to make proclamations that applied to both residential and commercial leases and that the proclamation was necessary to address the economic impacts of the COVID-19 pandemic.

The Court found that the Minister did have the power to make the proclamation under the Act, as the Act conferred on the Governor in Council the power to make proclamations that applied to both residential and commercial leases. The Court also found that the Minister followed the proper process for making a proclamation and that the proclamation was consistent with the object and purpose of the Act. The Court rejected the plaintiff's argument that the Minister exceeded the scope of the Act by making a proclamation that applied to commercial leases, stating that the Act's object and purpose was to provide relief to tenants during a declared COVID-19 disease emergency, regardless of whether they were residential or commercial tenants. The Court further found that the proclamation was a reasonable and proportionate response to the economic impacts of the COVID-19 pandemic and that it did not infringe upon the plaintiff's rights under the Constitution.

The Court dismissed the plaintiff's claim for a declaration and an injunction against the Minister, finding that the Minister had the power to make the proclamation under the Act and that the proclamation was valid and lawful. The Court made no orders as to costs.