Proclamation under the Sentencing Act 1997 (TAS)

The proclamation under the Sentencing Act 1997 was issued by the Lieutenant-Governor of Tasmania on 23 July 1998, setting the commencement date of the Act as 1 August 1998. The proclamation was made in accordance with section 2 of the Sentencing Act 1997 and was executed by W. J. E. Cox, the Lieutenant-Governor, with the advice of the Executive Council. Ronald Cornish signed the proclamation on behalf of the Minister for Justice. The document was displayed and numbered in line with the Rules Publication Act 1953 and was notified in the Gazette on 29 July 1998. The proclamation is administered by the Department of Justice.

The proclamation addressed a legal need to formally set the date of commencement for the Sentencing Act 1997, ensuring that the provisions of the Act would be effective from a specific date. This was essential for the proper implementation and enforcement of the Act, as well as for providing clarity to the judiciary, legal practitioners, and the public regarding when the new sentencing laws would take effect.

The court was tasked with confirming the validity and legality of the proclamation. The proclamation was issued under the authority of the Lieutenant-Governor in accordance with the legislative provisions, and it was necessary to ensure that the process followed the required legal formalities. The proclamation's legality was critical to avoid any ambiguity or legal challenges regarding the commencement date of the Sentencing Act 1997.

The proclamation was valid and properly executed, with all necessary legal formalities observed. The Lieutenant-Governor acted within the scope of his authority under section 2 of the Sentencing Act 1997, and the advice of the Executive Council was duly considered. The proclamation effectively set the commencement date of the Act as 1 August 1998, thereby ensuring the proper implementation of the new sentencing laws in Tasmania.