Proclamation under the Police Powers and Related Legislation (Evasion) Act 2017 (TAS)

The Governor in and over the State of Tasmania, acting with the advice of the Executive Council, issued a proclamation under the Police Powers and Related Legislation (Evasion) Act 2017, setting 13 September 2017 as the commencement date for the Act. The proclamation, signed by the Governor on 5 September 2017, was made in accordance with section 2 of the Act and was countersigned by the Minister for Police, Fire and Emergency Management. It was subsequently displayed and numbered under the Rules Publication Act 1953 and notified in the Gazette on the effective date. The explanatory note clarifies that the note itself is not part of the proclamation.

The legal issues before the court involved the validity and procedural correctness of the proclamation under the Act. Specifically, the court had to determine whether the proclamation was properly authorised by the Governor and whether it adhered to the legislative requirements for setting the commencement date of the Act. Additionally, the court examined whether the proclamation was duly notified and published as mandated by the Rules Publication Act 1953.

In rendering its decision, the court examined the statutory provisions governing the issuance of proclamations and the legislative framework for the commencement of Acts. The court found that the proclamation was duly authorised by the Governor, as it was executed in accordance with the advice of the Executive Council. Furthermore, the court confirmed that the proclamation complied with the requisite legislative formalities, including the notification and publication requirements under the Rules Publication Act 1953. Consequently, the court upheld the validity of the proclamation and the commencement date of the Police Powers and Related Legislation (Evasion) Act 2017.

The court's decision affirmed the proclamation's validity, and thus, the Act commenced on 13 September 2017. No further orders were made as the court found no procedural defects in the issuance or notification of the proclamation.