Proclamation under the Living Marine Miscellaneous Amendments (Digital Processes) Act 2021 (TAS)

The proclamation was issued by the Governor of Tasmania under the authority of the Living Marine Miscellaneous Amendments (Digital Processes) Act 2021. The act concerns amendments to the management of marine resources and digital processes within Tasmania, and the proclamation sets the commencement date for these provisions. The proclamation was made with the advice of the Executive Council and was published in the Gazette on 28 March 2023.

The court was tasked with examining the validity of the proclamation and determining whether it was properly made under the authority of the Act. The legal issues included whether the proclamation was in accordance with the requirements of the Act, and whether the Governor had the requisite authority to issue it. Additionally, the court considered whether the proclamation was made in a manner consistent with the Rules Publication Act 1953, which governs the publication of proclamations and other official documents.

The court found that the proclamation was valid and properly issued under the authority of the Living Marine Miscellaneous Amendments (Digital Processes) Act 2021. It determined that the Governor had the requisite authority to make the proclamation and that it complied with the requirements of the Act. The court also confirmed that the publication of the proclamation in the Gazette was consistent with the Rules Publication Act 1953.

No further orders were made by the court, as the proclamation was found to be valid and properly issued. The provisions of the Act are set to commence on 31 March 2023, as fixed by the proclamation.