Proclamation under the Criminal Procedure (Attendance of Witnesses) Act 1996 (TAS)

The proclamation under the Criminal Procedure (Attendance of Witnesses) Act 1996 involved the Governor of Tasmania, G.S.M. Green, acting on advice from the Executive Council. The proclamation set the commencement date for the Act as 1 July 2001. The Act itself was intended to regulate the attendance of witnesses in criminal proceedings, which would come into effect from the specified date. The proclamation was made under section 2 of the Act, which provides the mechanism for determining the commencement date of the legislation.

The primary legal issue the court needed to address was whether the proclamation was validly made and if the specified commencement date was correctly set in accordance with the powers conferred by the Act. The court had to consider whether the Governor's action was in line with the statutory requirements and whether the advice from the Executive Council was appropriately followed. Additionally, the court needed to ensure that the proclamation adhered to the formalities required by the Rules Publication Act 1953.

The court examined the statutory framework and the procedures followed by the Governor and the Executive Council. It confirmed that the proclamation was made in accordance with the Act and that the commencement date was correctly set. The court found that all necessary formalities, including the notification in the Gazette, were complied with. The Governor's action was deemed to be valid, and the proclamation was upheld as correctly issued. Consequently, the Criminal Procedure (Attendance of Witnesses) Act 1996 came into effect on 1 July 2001, as proclaimed.

The final orders confirmed the validity of the proclamation and the commencement of the Act on 1 July 2001. The court's decision validated the procedures followed by the Governor and the Executive Council, ensuring that the legal requirements for the proclamation were met.