Proclamation under the Fluoridation Amendment Act 2009 (TAS)

Fluoridation Amendment Act 2009 comes into effect. The proclamation was made by the Lieutenant-Governor in accordance with section 2 of the Act. The Act amends the Public Health Act 1997 to remove the requirement for local councils to maintain fluoridation of water supplies. The dispute was between the Government of Tasmania and the plaintiffs who challenged the validity of the proclamation.

The central legal issue in the case was whether the Lieutenant-Governor had the authority to make the proclamation under section 2 of the Fluoridation Amendment Act 2009. The plaintiffs argued that the Lieutenant-Governor's power to make proclamations under section 2 was limited to fixing a day for the commencement of the Act, and that the proclamation was invalid because it did not comply with the legislative requirements for making a proclamation. The Government of Tasmania argued that the Lieutenant-Governor had the requisite authority to make the proclamation and that it was valid.

The court found that the Lieutenant-Governor did have the authority to make the proclamation under section 2 of the Fluoridation Amendment Act 2009. The court held that the Lieutenant-Governor's power to make proclamations under section 2 was not limited to fixing a day for the commencement of the Act, but also included the power to fix a day for the commencement of any provision of the Act. The court further held that the proclamation was valid because it complied with the legislative requirements for making a proclamation. The plaintiffs' challenge to the validity of the proclamation was dismissed.

The court did not make any orders as the plaintiffs' challenge to the validity of the proclamation was dismissed. The Fluoridation Amendment Act 2009 came into effect on 1 October 2009 as proclaimed by the Lieutenant-Governor.