Proclamation under the Government Business Enterprises (Sale) Act 2003 (TAS)

Civil Construction Services Corporation Act 1994, the Grain Reserve Act 1950, and the Stanley Cool Stores Act 1945, and was made under the authority of the Government Business Enterprises (Sale) Act 2003 (TAS). The proclamation was issued by the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, on the advice of the Executive Council and the recommendation of the Treasurer. The main legal issue addressed by the court was whether the proclamation was validly made and if it had the effect of repealing the three specified Acts. The court had to consider the constitutionality and procedural correctness of the proclamation, including whether the Lieutenant-Governor had the authority to make the proclamation, and if the Executive Council's advice and the Treasurer's recommendation were properly obtained.

The court found that the Lieutenant-Governor had the authority to make the proclamation under section 39(1) of the Government Business Enterprises (Sale) Act 2003, and that the advice of the Executive Council and the recommendation of the Treasurer were properly obtained. The court also held that the proclamation was valid and effective in repealing the specified Acts. The court concluded that the Lieutenant-Governor's actions were in accordance with the Act and that the proclamation was a lawful exercise of the power to repeal the specified Acts. The proclamation was deemed to have the effect of repealing the Civil Construction Services Corporation Act 1994, the Grain Reserve Act 1950, and the Stanley Cool Stores Act 1945.