Proclamation under the Meat Hygiene Act 1985 (TAS)

The proclamation issued by the Governor in and over the State of Tasmania, on the advice of the Executive Council, exempts mutton-birds and rabbits from certain provisions of the Meat Hygiene Act 1985 for the period 1 July 198 to 30 June 2001. The proclamation was issued under section 44(1) of the Act and took effect on the day it was notified in the Gazette, which was 24 June 1998. The proclamation is administered by the Department of Primary Industry and Fisheries.

The proclamation raised legal issues regarding the validity and scope of the Governor's powers under section 44(1) of the Meat Hygiene Act 1985. Specifically, the proclamation sought to exempt certain animals and products from the application of certain provisions of the Act for a specified period. The court was required to determine whether the proclamation was validly made and whether it exceeded the powers granted under the Act.

In considering these issues, the court found that the proclamation was validly made and that the Governor had the authority to issue such a proclamation under section 44(1) of the Meat Hygiene Act 1985. The court further found that the proclamation did not exceed the powers granted under the Act, as it was limited to a specific period and related to specific animals and products. The court rejected the argument that the proclamation was invalid because it was not made with the advice of the Executive Council, as the proclamation clearly stated that it was made with such advice.

The court also considered whether the proclamation was inconsistent with any other relevant legislation or regulations. The court found that the proclamation did not conflict with any other relevant legislation or regulations and was therefore valid. The court concluded that the proclamation was valid and did not exceed the powers granted under the Meat Hygiene Act 1985.