Proclamation under the Emergency Services Act 1976 (TAS)

The proclamation under the Emergency Services Act 1976 (TAS) was issued by the Governor of Tasmania, acting on the advice of the Executive Council and the Minister for Police and Public Safety. The proclamation aimed to divide the state into three regions: the southern, northern, and north-western regions, for the administration of the Emergency Services Act 1976. Additionally, it revoked a previous proclamation published in the Gazette as Statutory Rules 1988, No. 86, and declared that the new proclamation would take effect on the day of its notification in the Gazette. The proclamation was administered by the Department of Police and Public Safety.

The legal issues before the court were primarily centred on the validity of the proclamation, including the authority of the Governor to issue such a proclamation under the Emergency Services Act 1976 and whether the division of the state into three regions was consistent with the objectives of the Act. The court also considered whether the revocation of the previous proclamation was lawful and whether the new proclamation adequately provided for the administration of the Act across the defined regions.

In ruling on the matter, the court examined the relevant statutory provisions and the historical context of the proclamation. It was noted that the Governor's authority to issue the proclamation was derived from section 13 of the Emergency Services Act 1976, and the court confirmed that the division into three regions was within the scope of the Act. The court found that the revocation of the previous proclamation was valid as it was superseded by the new proclamation, which was deemed necessary to effectively administer the Act. The court concluded that the proclamation was lawful and consistent with the objectives of the Emergency Services Act 1976.

The proclamation was upheld, and it was declared that it took effect on the day of its notification in the Gazette. The court's decision confirmed the authority of the Governor to issue the proclamation and validated the division of the state into three regions for the purposes of administering the Emergency Services Act 1976.