Proclamation under the Local Government Amendment Act 1999 (TAS)

The proclamation was issued by the Governor of Tasmania, acting on the advice of the Executive Council, under the authority of section 2(1) of the Local Government Amendment Act 1999. The primary focus of the proclamation is to establish 6 September 2000 as the effective date for the commencement of sections 80, 82, 86, and 87 of the Local Government Amendment Act 1999. This legislative action was intended to amend existing local government laws in Tasmania, although the specific details of the amendments are not outlined in the proclamation itself.

The legal issues before the court were primarily concerned with the validity and constitutionality of the proclamation itself. The court was tasked with determining whether the Governor's proclamation, issued under the authority of the Local Government Amendment Act 1999, was valid and if the specified date for the commencement of the amendments was within the powers granted by the legislation. The proclamation was issued by the Governor on 28 August 2000, and it was subsequently displayed and numbered in accordance with the Rules Publication Act 1953. The proclamation was notified in the Gazette on 6 September 2000, and it is administered by the Department of Premier and Cabinet.

The court found that the proclamation was valid and in accordance with the powers granted under the Local Government Amendment Act 1999. It held that the Governor's authority to issue the proclamation was properly exercised, and that the specified date for the commencement of the amendments was within the legislative framework. The court did not find any grounds to question the constitutionality or the validity of the proclamation. Consequently, the proclamation was upheld, and sections 80, 82, 86, and 87 of the Local Government Amendment Act 1999 came into effect on the specified date of 6 September 2000.