Proclamation under the Residential Tenancy Amendment Act 2003 (TAS)

Residential Tenancy Amendment Act 2003, with the exception of section 6, are to commence. This proclamation was made by the Governor of Tasmania, Richard Butler, on 23 February 2004, under the authority granted by section 2 of the Act. The proclamation was subsequently displayed and numbered in accordance with the Rules Publication Act 1953 and officially notified in the Gazette on 3 March 2004. The proclamation is administered by the Department of Justice and Industrial Relations.

The primary legal issue addressed in this proclamation concerns the commencement of the provisions of the Residential Tenancy Amendment Act 2003, with the exception of section 6. The proclamation establishes a specific date, 5 March 2004, for the enactment of these provisions. The Governor, acting on the advice of the Executive Council, utilised the authority granted under section 2 of the Act to issue this proclamation. The formal notification of the proclamation in the Gazette ensures that the public is aware of the commencement date of the Act's provisions.

The court's reasoning in issuing this proclamation was grounded in the legislative authority provided by the Residential Tenancy Amendment Act 2003. The Governor, acting in accordance with the advice of the Executive Council, fixed the commencement date to ensure that the provisions of the Act, excluding section 6, would take effect on 5 March 2004. This decision was made to provide clarity and certainty regarding the implementation of the Act and to allow for the orderly transition of the new provisions into effect. The proclamation was duly notified in the Gazette, fulfilling the requirement for public notification and ensuring that all relevant parties are aware of the commencement date.

The final orders of the proclamation are that the provisions of the Residential Tenancy Amendment Act 2003, excluding section 6, shall commence on 5 March 2004. This date was set by the Governor in accordance with the authority granted by the Act, ensuring that the new legislative provisions are implemented in a timely and orderly manner. The proclamation, duly notified in the Gazette, serves to inform the public and relevant stakeholders of the commencement date, thereby facilitating compliance with the new legislation.