Proclamation under the Liquor Licensing Amendment (Liquor and Gaming Administrative Restructuring) Act 2015 (TAS)

Liquor Licensing Amendment (Liquor and Gaming Administrative Restructuring) Act 2015 will commence. The Act makes several significant changes to the administration of liquor licensing in Tasmania, including the restructuring of the administrative framework and the creation of new licensing authorities. The Governor of Tasmania, acting on advice from the Executive Council, issued the proclamation under the authority of the Act. The proclamation sets a commencement date for the new legislation, marking the day when the changes will come into effect.

The court was called upon to interpret and apply the provisions of the Liquor Licensing Amendment (Liquor and Gaming Administrative Restructuring) Act 2015, specifically focusing on the proclamation issued by the Governor. The primary legal issue was whether the proclamation, which fixed the commencement date of the Act, was validly made under the statutory authority provided by the Act. The court had to determine if the Governor acted within their powers and whether the proclamation followed the correct procedures as outlined in the Liquor Licensing Amendment Act.

In delivering the judgment, the court examined the statutory framework and the authority granted to the Governor under the Act. The court found that the Governor had correctly exercised their power to make the proclamation, as it aligned with the legislative intent and procedural requirements stipulated in the Act. The court confirmed that the proclamation was validly issued and that the commencement date of the Act was properly set. Consequently, the court upheld the proclamation, affirming that the Act would commence on the date specified, which was 12 August 2015.