Proclamation under the National Energy Retail Law (Tasmania) Act 2012 (TAS)

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Proclamation under the National Energy Retail Law (Tasmania) Act 2012 (TAS)

CaseChat Overview and Summary

The proclamation relates to the commencement of the National Energy Retail Law (Tasmania) Act 2012. The parties involved are the Governor of Tasmania and the Minister for Energy and Resources, Bryan Green. The Act was set to commence on 1 July 2012, and the proclamation was made to formalise this date. The proclamation was issued under the authority of the Governor and was advised by the Executive Council.

The legal issue that arose was determining the appropriate date for the commencement of the Act. The Act itself did not specify a commencement date, necessitating a formal proclamation by the Governor to set a definitive date. The proclamation was necessary to ensure that the provisions of the Act could be effectively implemented and enforced from the specified date.

In making the proclamation, the Governor acted in accordance with section 2 of the Act, which allows for the setting of the commencement date through a proclamation. The proclamation was made on 27 June 2012 and was subsequently displayed and numbered in accordance with the Rules Publication Act 1953. It was also notified in the Gazette on 29 June 2012, ensuring public awareness of the Act's commencement. The proclamation was administered by the Department of Infrastructure, Energy and Resources, which was responsible for overseeing the implementation of the Act.

The proclamation effectively established 1 July 2012 as the date from which the provisions of the National Energy Retail Law (Tasmania) Act 2012 would be in force. This date was chosen to allow adequate time for stakeholders to prepare for the implementation of the new laws. The proclamation ensured that the Act could be properly enforced and that any necessary administrative arrangements could be made in advance of its commencement.
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Areas of Law

  • Statutory Interpretation

Legal Concepts

  • Legitimate Expectation

  • Statutory Construction

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