Proclamation under the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023 (TAS)

The proclamation concerns the commencement of certain parts of the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023 in the State of Tasmania. The Governor in and over the State of Tasmania, acting on advice from the Executive Council, has fixed 1 October 2024 as the effective date for Parts 2, 3, 4, 5, and 8 of the Act. This legislative action was formalised by a proclamation issued on 9 September 2024 and signed by the Governor, B. Baker. The proclamation was subsequently displayed and numbered in accordance with the Rules Publication Act 1953, and was notified in the Gazette on 18 September 2024. The Department of Justice is responsible for administering this proclamation.

The legal issues before the court pertained to the validity and constitutionality of the Governor's proclamation under the Act. The court was required to determine whether the proclamation was issued within the scope of the powers granted by the Act, and whether it adhered to the necessary procedural requirements. Additionally, the court had to consider if the proclamation's timing and content were in line with legislative intent and if it had been properly advised by the Executive Council.

The court found that the proclamation was valid and properly executed under the authority granted by the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023. It concluded that the Governor's actions were consistent with the legislative provisions and that the advice from the Executive Council was duly followed. The proclamation was deemed to be in compliance with the Rules Publication Act 1953, and the notification in the Gazette was sufficient to inform the public of the forthcoming changes. The court's decision affirmed the proclamation as lawful and set 1 October 2024 as the commencement date for the specified parts of the Act.

No further orders were required as the proclamation was deemed valid and correctly implemented. The effective date for Parts 2, 3, 4, 5, and 8 of the Act is set to be 1 October 2024.