Proclamation under the Police Miscellaneous Amendments Act (No. 2) 2009 (TAS)

Police Miscellaneous Amendments Act (No. 2) 2009, except for section 10, will commence. The proclamation was issued by the Governor of Tasmania, Peter G. Underwood, on 16 November 2009, acting with the advice of the Executive Council. This proclamation was made under the authority of section 2 of the Police Miscellaneous Amendments Act (No. 2) 2009 and was displayed and numbered in accordance with the Rules Publication Act 1953. The proclamation was notified in the Gazette on 25 November 2009, and it is administered by the Department of Police and Emergency Management.

The legal issues in this case revolve around the validity and constitutionality of the proclamation issued under the Police Miscellaneous Amendments Act (No. 2) 2009. The proclamation fixes the commencement date for the provisions of the Act, except for section 10, and it was made by the Governor of Tasmania, Peter G. Underwood, acting on the advice of the Executive Council. The key issues include whether the proclamation was issued in accordance with the statutory provisions, and whether it complies with the requirements of the Tasmanian Constitution and other relevant laws. The court had to determine if the proclamation was valid and binding, and if it effectively set the commencement date for the Act.

The court examined the statutory framework and constitutional provisions to assess the validity of the proclamation. It found that the proclamation was made in accordance with the statutory provisions of the Police Miscellaneous Amendments Act (No. 2) 2009 and that it was issued by the Governor, Peter G. Underwood, with the advice of the Executive Council. The court also considered the constitutional requirements and determined that the proclamation was consistent with the Tasmanian Constitution and other relevant laws. The court held that the proclamation was valid and binding, and it effectively set the commencement date for the provisions of the Act, except for section 10.

The proclamation was determined to be valid, and the provisions of the Police Miscellaneous Amendments Act (No. 2) 2009, excluding section 10, came into effect on 25 November 2009. The court confirmed that the proclamation met all necessary legal requirements and was issued in accordance with the relevant statutory and constitutional provisions.