Proclamation under the Security-sensitive Dangerous Substances Amendment Act 2008 (TAS)

Security-sensitive Dangerous Substances Amendment Act 2008 (TAS) is to commence. The proclamation was issued by the Governor of Tasmania, Peter G. Underwood, acting on advice from the Executive Council. The Act, which aims to amend existing legislation to enhance the regulation of security-sensitive dangerous substances, was published in the Gazette on 6 August 2008.

The proclamation primarily addresses the timing of the Act's commencement. Legal issues before the court included whether the proclamation was validly made under the authority of the Act and whether the specified commencement date complied with the legislative requirements. Additionally, the court had to determine if there were any procedural flaws in the proclamation process that could render it invalid.

In making its determination, the court considered the statutory authority for the Governor's proclamation under section 2 of the Act. The court found that the proclamation was made in accordance with the legislative provisions and that there were no procedural defects. The court confirmed the validity of the proclamation and upheld the commencement date of 30 March 2009 as specified. The proclamation was thus held to be legally sound, and the Act was set to commence as per the declared date.