Proclamation under the Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022 (TAS)

In the proclamation under the Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022, the Governor of Tasmania set 14 December 2022 as the commencement date for the Act's provisions, excluding Parts 2, 3, and 7. This proclamation, issued under the authority granted by section 2 of the Act, was made on behalf of the Governor by Elise Archer, the Minister for Workplace Safety and Consumer Affairs. The proclamation was subsequently displayed and numbered in accordance with the Rules Publication Act 1953 and was notified in the Gazette on the specified date.

The legal issues central to this proclamation revolve around the proper interpretation and application of section 2 of the Act, which empowers the Governor to set the commencement date for certain provisions of the Act. The proclamation aimed to clarify the effective date for the majority of the Act's provisions while expressly excluding specific sections, thereby ensuring that the legislative intent is accurately implemented.

The court's reasoning centred on the explicit language of section 2 of the Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022, which grants the Governor the authority to fix the commencement date of the Act's provisions. By setting 14 December 2022 as the effective date, the proclamation adhered to the legislative framework, ensuring that the Act's provisions would commence as intended, with the exceptions noted. The court confirmed that the Governor's exercise of this power was within the bounds of the Act, and the proclamation was valid.

The proclamation resulted in the provisions of the Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Act 2022, excluding Parts 2, 3, and 7, commencing on 14 December 2022. This date was officially set by the Governor and duly notified in the Gazette, ensuring that the legislative changes were implemented as per the Act's provisions.