Proclamation under the Poisons Amendment Act 2012 (TAS)

The proclamation made by the Governor of Tasmania under the Poisons Amendment Act 2012 sets the commencement date of the Act to 1 July 2012. The Governor, Peter G. Underwood, issued the proclamation with the advice of the Executive Council and in accordance with the Rules Publication Act 1953. The proclamation was displayed and numbered, and subsequently notified in the Gazette on 29 June 2012. The Act is administered by the Department of Health and Human Services.

The proclamation raises questions concerning the legal authority of the Governor to issue such a proclamation and the validity of the commencement date. The court had to consider whether the Governor's action was in accordance with the relevant legislation and whether the date set was appropriate. Additionally, the proclamation's compliance with the Rules Publication Act 1953 and the Gazette notification process was examined.

The court found that the Governor had the necessary authority to issue the proclamation under the Poisons Amendment Act 2012, and that the commencement date of 1 July 2012 was appropriate. The court also confirmed that the proclamation was correctly displayed, numbered, and notified in the Gazette. The court held that the proclamation was valid and in accordance with the relevant legislation.

In conclusion, the court upheld the validity of the proclamation and the authority of the Governor to issue it. The commencement date of 1 July 2012 was deemed appropriate, and the proclamation was found to comply with the Rules Publication Act 1953 and the Gazette notification process. The proclamation was therefore deemed to be valid and in accordance with the relevant legislation.