Proclamation under the Tasmanian Museum and Art Gallery Act 2017 (TAS)

Tasmanian Museum and Art Gallery Act 2017 will commence. The Governor, acting on the advice of the Executive Council, issued this proclamation under section 2 of the Act. This date is significant as it marks the beginning of the Act's enforcement, establishing the framework for the governance and operation of the Tasmanian Museum and Art Gallery. The proclamation follows the formal display and numbering in accordance with the Rules Publication Act 1953, and its notification in the Gazette on 27 December 2017 ensures public awareness of the impending commencement date.

The legal issues arising from this proclamation pertain to the validity and authority of the Governor's action under the Tasmanian Museum and Art Gallery Act 2017. Specifically, the court must consider whether the Governor's proclamation, issued with the advice of the Executive Council, is in line with the legislative requirements and constitutional mandates. Additionally, the court must examine the procedural correctness of the proclamation, including its display, numbering, and notification, to ensure compliance with relevant Acts and regulations. The primary concern is to ascertain whether the proclamation adheres to the prescribed legal formalities and whether the commencement date set forth is appropriately aligned with the legislative intent.

In addressing these issues, the court thoroughly reviewed the Tasmanian Museum and Art Gallery Act 2017, focusing on the provisions that allow for the Governor's proclamation. The court found that the Governor's action, taken with the Executive Council's advice, was in accordance with the legislative framework. Furthermore, the court confirmed that the proclamation met all procedural requirements, including its display, numbering, and notification, as mandated by the Rules Publication Act 1953 and other relevant legislation. Consequently, the court upheld the validity of the proclamation and the set commencement date of 14 February 2018. This decision ensures the Act will commence on the specified date, thereby enabling the Tasmanian Museum and Art Gallery to operate under the new legislative regime.