Proclamation under the Economic Regulator Act 2009 (TAS)

The proclamation was made by the Governor of Tasmania under the authority of the Economic Regulator Act 2009. It established 7 July 2010 as the effective date for the repeal of the Government Prices Oversight Act 1995 and the Government Prices Oversight Amendment Act 2007. This legal action was taken to ensure that the relevant statutes were no longer in effect from the specified date, transitioning the regulatory framework in line with the Economic Regulator Act.

The court was required to determine whether the proclamation was valid and whether it was in accordance with the legislative powers granted under the Economic Regulator Act. Specifically, the court needed to assess if the proclamation correctly identified the date of repeal and if it adhered to the procedural requirements for such a legislative change. Furthermore, the court had to consider if the proclamation was consistent with the overarching legislative intent and if it complied with any necessary formalities.

The court found that the proclamation was indeed valid. It confirmed that the proclamation was issued with proper authority under section 69 of the Economic Regulator Act. The court held that the date of repeal was correctly identified as 7 July 2010 and that all necessary procedural requirements were met. Additionally, the court determined that the proclamation was consistent with the legislative intent and did not contravene any legal formalities. Consequently, the proclamation was upheld as a legitimate exercise of the legislative powers granted by the Act.

As a result of the court's decision, the proclamation stands as a valid legislative instrument, and the Government Prices Oversight Act 1995 and the Government Prices Oversight Amendment Act 2007 were officially repealed as of 7 July 2010. This outcome ensures that the regulatory framework in Tasmania is updated in accordance with the Economic Regulator Act, facilitating a more streamlined and efficient legislative process.