Proclamation under the Governor of Tasmania Amendment Act 2004 (TAS)

Governor of Tasmania Amendment Act 2004 commences. The Act amends the Governor of Tasmania Act 1986 to enable the Governor to delegate certain powers to the Chief Justice of the Supreme Court of Tasmania, or to another judge of that Court, or to a retired judge of that Court. The dispute arose as to whether the proclamation was validly made and whether the Act it purported to commence was effective from the date specified. The High Court of Australia was tasked with determining these issues. The court held that the proclamation was validly made and that the Act was effective from the date specified. The court found that the Administrator had the authority to make the proclamation under the relevant legislation and that the proclamation was duly notified in the Gazette. The court also found that the Act was valid and that it had the effect of delegating certain powers to the Chief Justice or other specified judges. As a result, the court held that the Governor of Tasmania Amendment Act 2004 was effective from 15 December 2004. The proclamation was valid and the Act was effective from the date specified.