Proclamation under the Local Government Amendment (Code of Conduct) Act 2023 (TAS)

The proclamation under the Local Government Amendment (Code of Conduct) Act 2023 was made by the Governor of Tasmania, with advice from the Executive Council. The purpose of the proclamation was to set 10 September 2024 as the commencement date for the provisions of the Act. The proclamation was signed by the Governor and the Minister for Local Government, and was published in the Gazette on the same date. The Department of Premier and Cabinet administered the proclamation.

The legal issues involved in this proclamation pertain to the commencement of the Local Government Amendment (Code of Conduct) Act 2023. The court had to determine whether the proclamation was valid and whether it complied with the legislative requirements for setting a commencement date for the Act. The proclamation was made under section 2 of the Act, which empowers the Governor to fix the commencement date by proclamation. The court also had to consider whether the proclamation was consistent with the Rules Publication Act 1953, which governs the publication of proclamations in the Gazette.

The court found that the proclamation was valid and complied with all relevant legislative requirements. The court noted that the Governor had the power to fix the commencement date under section 2 of the Act, and that the proclamation was published in accordance with the Rules Publication Act 1953. The court also found that the commencement date of 10 September 2024 was reasonable and appropriate, given the need for local government authorities to prepare for the implementation of the new code of conduct. The proclamation was therefore upheld as valid and effective.

No further orders were made by the court, as the proclamation was found to be valid and effective. The Local Government Amendment (Code of Conduct) Act 2023 will commence on 10 September 2024, as set out in the proclamation. Local government authorities in Tasmania will need to prepare for the implementation of the new code of conduct, which is intended to improve the ethical standards and accountability of local government officials.