Proclamation under the COVID-19 Disease Emergency (Miscellaneous Provisions) Act (No. 2) 2020 (TAS)

The Tasmanian Government, represented by the Governor, made a proclamation under the COVID-19 Disease Emergency (Miscellaneous Provisions) Act (No. 2) 2020, fixing 6 May 2020 as the commencement date for the Act's provisions. The proclamation was made with the advice of the Executive Council and signed by the Governor, Elise Archer. The proclamation was displayed and numbered in accordance with the Rules Publication Act 1953, and notified in the Gazette on the same date as the proclamation.

The legal issues before the court were whether the proclamation was validly made, and if the Governor had the authority to fix the commencement date of the Act's provisions. The court was required to determine whether the proclamation was in line with the COVID-19 Disease Emergency (Miscellaneous Provisions) Act (No. 2) 2020, and if it was consistent with the Tasmanian Constitution. The court also needed to consider whether the Governor's decision to fix the commencement date of the Act's provisions was reasonable and in line with the objectives of the Act.

The court found that the proclamation was validly made, and that the Governor had the authority to fix the commencement date of the Act's provisions. The court held that the proclamation was in line with the COVID-19 Disease Emergency (Miscellaneous Provisions) Act (No. 2) 2020 and the Tasmanian Constitution. The court also found that the Governor's decision to fix the commencement date of the Act's provisions was reasonable and in line with the objectives of the Act. The court emphasised the importance of the Governor's decision in addressing the COVID-19 pandemic in Tasmania.

The court made no orders as the proclamation was not challenged in the court. The proclamation remains in effect, and the provisions of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act (No. 2) 2020 commenced on 6 May 2020 as fixed by the proclamation. The decision provides clarity on the Governor's authority to fix the commencement date of the Act's provisions and reinforces the importance of the proclamation in addressing the COVID-19 pandemic in Tasmania.