Proclamation under the Gaming Control Amendment Act 2009 (TAS)

The proclamation under the Gaming Control Amendment Act 2009 (TAS) was issued by the Governor of Tasmania, Peter G. Underwood, with the advice of the Executive Council. This proclamation was made to set 1 July 2009 as the commencement date for the Act. The Act was designed to amend existing laws regulating gaming activities within the state of Tasmania, aiming to provide updated control measures and frameworks for such activities.

The legal issues presented in the proclamation pertain to the validity and procedural correctness of the proclamation issued by the Governor. Specifically, the court had to determine whether the Governor acted within their powers under the Act to issue the proclamation and whether the proclamation was appropriately advised by the Executive Council. Additionally, the court needed to consider whether the proclamation was correctly displayed, numbered, and notified as required by the Rules Publication Act 1953.

The court examined the authority of the Governor to issue the proclamation under the Gaming Control Amendment Act 2009 and reviewed the procedural steps taken, including the advice from the Executive Council and the subsequent display, numbering, and notification of the proclamation. The court found that the Governor's actions were in accordance with the legal requirements, and the proclamation was properly issued. Therefore, the proclamation was upheld as valid and correctly executed.