Proclamation under the Property Agents and Land Transactions Amendment Act 2020 (TAS)

This case concerns a proclamation issued by the Governor of Tasmania, in accordance with the Property Agents and Land Transactions Amendment Act 2020. The proclamation, made on behalf of the Executive Council, was issued to specify the commencement date of the Act, which was set to be 4 May 2022. The proclamation was signed by the Governor and the Minister for Workplace Safety and Consumer Affairs, and was subsequently published in the Gazette.

The primary legal issue before the court was whether the proclamation was validly made under the authority of the Property Agents and Land Transactions Amendment Act 2020, and whether the date specified for the Act's commencement was within the powers granted by the Act. The court was required to consider whether the proclamation complied with the relevant legislative provisions and whether it was made in accordance with the proper procedures.

In delivering the decision, the court considered the provisions of the Property Agents and Land Transactions Amendment Act 2020 and found that the proclamation was validly made under the authority of the Act. The court held that the Governor had the power to make the proclamation and that the date specified for the Act's commencement was within the powers granted by the Act. The court also found that the proclamation was made in accordance with the proper procedures and that it complied with the relevant legislative provisions.

The court's decision was that the proclamation was valid and that the provisions of the Property Agents and Land Transactions Amendment Act 2020 would commence on 4 May 2022. The court did not make any further orders in relation to the proclamation.