Proclamation under the Defamation Act 2005 (TAS)

In the matter of the proclamation under the Defamation Act 2005 (TAS), the Governor in Council issued the proclamation on 12 December 2005, with the commencement date set for 1 January 2006. The proclamation was made under section 2 of the Defamation Act 2005, which sets the commencement date for the Act. The Minister for Justice and Industrial Relations, Judy Jackson, signed the proclamation on behalf of His Excellency the Governor, W. J. E. Cox. The proclamation was subsequently displayed, numbered, and notified in the Gazette on 21 December 2005.

The legal issue at hand pertained to the commencement of the Defamation Act 2005 in Tasmania. The court was required to interpret the relevant provisions of the Act and determine the appropriate date for the Act's commencement, as specified in the proclamation. The court had to ensure that the proclamation complied with the necessary legislative requirements and adhered to the prescribed procedures.

In reaching its decision, the court examined the relevant sections of the Defamation Act 2005 and the proclamation. The court found that the proclamation was validly made under the authority of the Act and that the commencement date of 1 January 2006 was consistent with the legislative intent. The court determined that the proclamation was in accordance with the Rules Publication Act 1953 and was properly notified in the Gazette. The court concluded that the proclamation was a lawful and binding instrument, setting the commencement date for the Defamation Act 2005 in Tasmania.

The final orders of the court were that the proclamation under the Defamation Act 2005 (TAS) was valid and effective, with the Act commencing on 1 January 2006. The court confirmed that the proclamation was properly made, displayed, numbered, and notified in accordance with the relevant legislation and administrative procedures. The court's decision provided clarity and certainty regarding the commencement of the Defamation Act 2005 in Tasmania, ensuring that the Act would take effect on the specified date.