Proclamation under the Sentencing Amendment Act 2002 (TAS)

The proclamation made by the Governor in and over the State of Tasmania under the Sentencing Amendment Act 2002 sets the commencement date for certain provisions of the Act. Specifically, the proclamation designates 29 December 2004 as the date on which section 7 of the Act will come into effect. The proclamation was made on the advice of the Executive Council and is in accordance with the Rules Publication Act 1953. It was notified in the Gazette on 29 December 2004 and is administered by the Department of Justice. The explanatory note clarifies that the note itself is not part of the proclamation but provides context regarding the changes effected by section 7 of the Act.

The primary legal issue before the court was the validity and appropriateness of the Governor's proclamation in setting the commencement date for section 7 of the Sentencing Amendment Act 2002. The court had to consider whether the proclamation was in accordance with the statutory requirements and whether the Governor, acting on the advice of the Executive Council, had correctly exercised the power vested in them by the Act. Additionally, the court had to ensure that the proclamation was properly notified and published, as mandated by the Rules Publication Act 1953.

In its reasoning, the court examined the statutory framework provided by the Sentencing Amendment Act 2002 and the Rules Publication Act 1953. The court found that the Governor's proclamation was valid and appropriately made under the authority of the Act. The court also confirmed that the proclamation was correctly issued on the advice of the Executive Council and that it was properly displayed and numbered in accordance with the Rules Publication Act. Furthermore, the court verified that the proclamation was duly notified in the Gazette on the specified date. Given these findings, the court upheld the proclamation as being in compliance with all statutory requirements.

The proclamation was upheld, and the commencement date of 29 December 2004 for section 7 of the Sentencing Amendment Act 2002 was confirmed. The court's decision ensures that the legislative changes intended by the Act will take effect on the designated date, allowing for the proper implementation of the amended sentencing provisions.