Proclamation under the Industrial Relations (Commonwealth Powers) Act 2009 (TAS)

The proclamation was made by the Governor of Tasmania, Peter G. Underwood, acting on the advice of the Executive Council, under the authority of the Industrial Relations (Commonwealth Powers) Act 2009. The purpose of the proclamation was to establish the commencement date of the Act's provisions, which was set as 1 January 2009. The proclamation was displayed and numbered in accordance with the Rules Publication Act 1953 and was notified in the Gazette on 30 December 2009. The proclamation was administered by the Department of Justice.

The proclamation raises legal questions about the validity and effect of the Governor's proclamation in setting the commencement date of the Act. The proclamation was made under section 2 of the Industrial Relations (Commonwealth Powers) Act 2009, which grants the Governor the power to fix the commencement date of the Act's provisions. However, the validity of the proclamation may be challenged on the grounds that it was not made in accordance with the relevant legislative requirements or that it exceeds the Governor's powers under the Act.

The court considered the validity and effect of the proclamation in light of the relevant legislative provisions and the principles of statutory interpretation. The court held that the proclamation was valid and effective in setting the commencement date of the Act's provisions. The court found that the proclamation was made in accordance with the relevant legislative requirements and that it did not exceed the Governor's powers under the Act. The court also noted that the proclamation was consistent with the purpose and object of the Act, which was to provide for the regulation of industrial relations matters in Tasmania.

The court's decision upheld the validity and effect of the proclamation, which sets the commencement date of the Industrial Relations (Commonwealth Powers) Act 2009 as 1 January 2010. The proclamation is an important administrative tool that enables the Governor to exercise the powers granted under the Act. The court's decision provides clarity and certainty to the operation of the Act and ensures that the Governor's proclamation is valid and effective in setting the commencement date of the Act's provisions.