Proclamation under the Sentencing Amendment Act 2002 (TAS)

The proclamation was issued under the authority of the Governor in and over the State of Tasmania, acting on the advice of the Executive Council. The document is a formal announcement that specifies the commencement date of certain sections of the Sentencing Amendment Act 2002 (TAS). The proclaimed sections include 3, 4, 5, 6, 9(b), 10, and 11 of the Act, which were set to commence on 1 October 2002. The proclamation was signed by the Governor, G. S. M. Green, and countersigned by Judy Jackson, the Minister for Justice and Industrial Relations, on 30 September 2002. The proclamation was published in accordance with the Rules Publication Act 1953 and notified in the Gazette on 1 October 2002. The Department of Justice and Industrial Relations administers this proclamation.

The proclamation raises legal questions about the validity and effect of the Governor's proclamation in relation to the commencement of specific sections of the Act. The court had to determine whether the proclamation was properly issued under the authority of the Act and if it complied with the legislative requirements. The court also had to examine whether the proclamation had the legal force to bring the specified sections of the Act into operation on the date mentioned.

The court examined the relevant provisions of the Sentencing Amendment Act 2002 (TAS) and the Rules Publication Act 1953. The court found that the proclamation was validly made under the authority of the Act and that it complied with the legislative requirements. The court also held that the proclamation had the legal effect to bring the specified sections of the Act into operation on 1 October 2002. The court concluded that the proclamation was a valid exercise of the power conferred by the Act.

The proclamation was upheld as a valid exercise of the power conferred by the Sentencing Amendment Act 2002 (TAS). The specified sections of the Act commenced on 1 October 2002, as set out in the proclamation. The court's decision provided clarity on the legal effect of the proclamation and its role in bringing certain sections of the Act into operation.