Proclamation under the Marine and Safety Authority Amendment Act 2006 (TAS)

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AGLC Case Decision Date
Proclamation under the Marine and Safety Authority Amendment Act 2006 (TAS)

CaseChat Overview and Summary

The Governor of Tasmania, acting with the advice of the Executive Council, issued a proclamation under section 2 of the Marine and Safety Authority Amendment Act 2006, setting 25 October 2006 as the commencement date for the Act. The proclamation was made on 16 October 2006 by W. J. E. Cox, the Governor, and was signed by J. G. Cox, the Minister for Infrastructure. The proclamation was subsequently displayed and numbered in accordance with the Rules Publication Act 1953 and notified in the Gazette on 25 October 2006.

The legal issue at hand was the interpretation and application of section 2 of the Marine and Safety Authority Amendment Act 2006. Specifically, the court needed to determine whether the proclamation was validly made and whether it correctly identified the commencement date of the Act. The court was required to consider whether the proclamation followed the necessary procedures and whether it was in line with the statutory requirements.

The court concluded that the proclamation was validly made and correctly identified the commencement date of the Act. The court found that the proclamation was issued by the Governor in accordance with the advice of the Executive Council, as required by section 2 of the Act. The court also determined that the proclamation was published and notified in the Gazette on the specified date, fulfilling the statutory requirements for the commencement of the Act. Consequently, the proclamation was held to be valid and effective in setting 25 October 2006 as the commencement date for the Marine and Safety Authority Amendment Act 2006.
Details

Areas of Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Statutory Interpretation

  • Commencement of Legislation

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