Proclamation under the Food Amendment Act 2015 (TAS)

Food Amendment Act 2015 commences. This legislation amends the Food Act 2003 to strengthen food safety standards, enhance compliance mechanisms, and improve food traceability. The proclamation was issued by the Governor in and over the State of Tasmania, acting on the advice of the Executive Council, and was displayed and numbered in accordance with the Rules Publication Act 1953. The Food Amendment Act 2015, administered by the Department of Health and Human Services, aims to bolster food safety and traceability within Tasmania.

The proclamation faced a challenge in the Supreme Court of Tasmania, with the court tasked with determining the validity of the proclamation under the Constitution of Tasmania. The central legal issue was whether the proclamation complied with the constitutional requirement that laws imposing a tax or charge must be expressed to impose a tax or charge. The applicant argued that the Food Amendment Act 2015 imposed a charge by way of increased compliance costs on food businesses, thereby necessitating parliamentary approval. The court had to decide whether the proclamation, which fixed the commencement date of the Act, was subject to this constitutional requirement and if the Act itself was a valid law.

In its judgment, the court held that the proclamation was not subject to the constitutional requirement for parliamentary approval of laws imposing a tax or charge. The court reasoned that the proclamation was merely a mechanism to bring the Act into force and did not impose a tax or charge itself. Additionally, the court found that the Act did not impose a tax or charge as it was not intended to raise revenue but to regulate food safety and traceability. The court concluded that the proclamation was valid and that the Food Amendment Act 2015 was a proper exercise of legislative power under the Tasmanian Constitution. Consequently, the proclamation was upheld, and the Food Amendment Act 2015 was deemed to have commenced on 9 December 2015.