Proclamation under the Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 (TAS)

In this matter, the proclamation was issued under the Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 by the Governor of Tasmania, Peter G. Underwood, acting on the advice of the Executive Council. The proclamation sets the commencement date for sections 5 and 6 of the Act, as well as Schedule 1, to be 31 December 2008. The proclamation was issued in accordance with the Rules Publication Act 1953 and was displayed and numbered appropriately. It was notified in the Gazette on 3 December 2008, and is administered by the Department of Justice in Tasmania.

The court was required to determine the validity of the proclamation, ensuring it aligned with the statutory requirements of the Legal Profession (Miscellaneous and Consequential Amendments) Act 2007. The central legal issue was whether the Governor, acting on the advice of the Executive Council, had the authority to set the commencement date for specified sections and the schedule of the Act. Additionally, the court examined if the proclamation was appropriately published and notified, and whether it adhered to the administrative processes stipulated by the Rules Publication Act 1953.

The court found that the proclamation was valid and complied with the necessary statutory and procedural requirements. The Governor's action, in setting the commencement date under section 2 of the Act, was within the bounds of their authority, as advised by the Executive Council. The proclamation was also correctly displayed and numbered, and duly notified in the Gazette, thereby satisfying the conditions of the Rules Publication Act 1953. The administrative processes were properly followed, and no irregularities were found in the issuance of the proclamation.

No further orders were made by the court beyond confirming the validity and compliance of the proclamation. The proclamation was upheld, and the specified sections and schedule of the Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 were set to commence on 31 December 2008 as declared.