Proclamation under the Daylight Saving Act 2007 (TAS)

The proclamation under the Daylight Saving Act 2007 by the Governor of Tasmania, acting on the advice of the Executive Council, sets the commencement date for the Act as 27 February 2008. The Governor's proclamation, signed on 18 February 2008, was made under section 2 of the Act. The document was subsequently displayed, numbered, and published in accordance with the Rules Publication Act 1953 and notified in the Gazette on the designated date. The proclamation was administered by the Department of Premier and Cabinet, highlighting the formal process undertaken to implement the changes related to daylight saving time in Tasmania.

The legal issues that arose from this proclamation pertain to the validity and constitutionality of the Governor's authority to set the commencement date of the Act, as well as the procedural correctness of the proclamation itself. The central question was whether the proclamation adhered to the legislative and administrative requirements as stipulated by the relevant Acts and if it was properly notified and published in the Gazette.

The court examined the legislative framework and administrative procedures under which the proclamation was issued. It considered whether the Governor's action was in line with the statutory provisions and whether the necessary formalities were followed. The court found that the proclamation was issued in accordance with the required legal and administrative processes, thus upholding its validity. The procedural correctness of the proclamation, including its display, numbering, and publication, was also confirmed as compliant with the Rules Publication Act 1953.

The proclamation was ultimately upheld, with the court ruling that the Governor's action was valid and that the Act would commence on the date specified. The orders of the court confirmed the legitimacy of the proclamation and the commencement of the Daylight Saving Act 2007 on 27 February 2008.