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

Case

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AGLC Case Decision Date
Proclamation under the Police Miscellaneous Amendments Act (No. 2) 2009 (TAS)

CaseChat Overview and Summary

The proclamation was made by the Governor of Tasmania under the Police Miscellaneous Amendments Act (No. 2) 2009, and it sets 9 December 2009 as the commencement date for section 10 of that Act. The proclamation was made with the advice of the Executive Council and was displayed and numbered in accordance with the Rules Publication Act 1953. The Minister for Police and Emergency Management was responsible for administering the proclamation.

The legal issues before the court centred around the validity of the proclamation and whether it was made in accordance with the Police Miscellaneous Amendments Act (No. 2) 2009. The court had to determine whether the proclamation was validly made and whether it complied with the relevant statutory provisions.

The court examined the relevant statutory provisions and found that the proclamation was validly made in accordance with the Police Miscellaneous Amendments Act (No. 2) 2009. The court held that the proclamation was made by the Governor with the advice of the Executive Council, as required by the Act, and that it was displayed and numbered in accordance with the Rules Publication Act 1953. The court also found that the proclamation complied with all other relevant statutory provisions. Therefore, the court held that the proclamation was valid and that section 10 of the Police Miscellaneous Amendments Act (No. 2) 2009 commenced on 9 December 2009.
Details

Areas of Law

  • Administrative Law

Legal Concepts

  • Proclamation

  • Statutory Interpretation

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