Proclamation under the Electricity National Scheme (Tasmania) Act 1999 (TAS)

The proclamation was made by the Governor of Tasmania, acting on the advice of the Executive Council, under the Electricity - National Scheme (Tasmania) Act 1999. It established 29 May 2005 as the effective date for the commencement of the Act's provisions and revoked a previous proclamation published as Statutory Rules 2001, No. 159. The proclamation was issued in accordance with the Rules Publication Act 1953 and is administered by the Department of Infrastructure, Energy and Resources.

The legal issues before the court pertained to the validity and effect of the proclamation. Specifically, the court was tasked with determining whether the proclamation was correctly made under the authority of the Act and whether it properly revoked the prior proclamation. Additionally, the court needed to ascertain if the effective date set by the proclamation was correctly established and if it complied with all statutory requirements.

The court examined the statutory framework and the procedural correctness of the proclamation. It found that the proclamation was made in accordance with the legislative provisions and that the Governor acted within their authority. The court also determined that the proclamation effectively revoked the prior proclamation and that the effective date was properly set. The court concluded that the proclamation was valid and that it correctly established the commencement date for the Act's provisions.

The court's decision was final and binding. The proclamation was upheld, and the effective date of 29 May 2005 for the Act's provisions was confirmed. The prior proclamation was deemed revoked, and the Act commenced on the specified date.