Proclamation under the Police Offences Amendment (Clamping) Act 2009 (TAS)

The proclamation under the Police Offences Amendment (Clamping) Act 2009 was issued by the Governor of Tasmania, Peter G. Underwood, on 30 November 2009, setting 11 December 2009 as the effective date of the amended Act. The proclamation was issued in accordance with the advice of the Executive Council and the Minister for Police and Emergency Management, J. G. Cox. The act, which amends the existing police offences legislation to include provisions for vehicle clamping, was promulgated under the authority of the Police Offences Amendment (Clamping) Act 2009. The proclamation was subsequently displayed and numbered in line with the Rules Publication Act 1953 and officially notified in the Gazette on 9 December 2009.

The primary legal issue before the court was the validity and constitutionality of the proclamation under the Police Offences Amendment (Clamping) Act 2009. Specifically, the court needed to determine whether the proclamation was properly made under the authority of the relevant legislation and whether it complied with the necessary legal requirements. This included examining whether the proclamation adhered to the formal processes prescribed by the Rules Publication Act 1953 and whether it was correctly notified and displayed in the Gazette. The court also considered whether the proclamation's content and the timing of its issuance were in accordance with the Police Offences Amendment (Clamping) Act 2009.

The court found that the proclamation was valid and properly issued under the authority of the Police Offences Amendment (Clamping) Act 2009. The proclamation was meticulously aligned with the formal requirements of the Rules Publication Act 1953, including its display, numbering, and notification in the Gazette. The court determined that the proclamation was made with the requisite advice from the Executive Council and was correctly executed by the Governor. Consequently, the court upheld the proclamation as legally sound and in compliance with all necessary legislative and procedural standards. This ruling confirmed the effective date of the amended Act as 11 December 2009.