Proclamation under the Terrorism (Preventative Detention) Act 2005 (TAS)

The proclamation made under the Terrorism (Preventative Detention) Act 2005 by the Governor of Tasmania, W.J.E. Cox, sets the commencement date of the Act as 1 March 2007. This decision, made with the advice of the Executive Council and approved by the Minister for Justice and Workplace Relations, Steven Kons, was displayed and numbered in accordance with the Rules Publication Act 1953 and was notified in the Gazette on 28 February 2007. The proclamation is administered by the Department of Justice. The explanatory note clarifies that it is not part of the proclamation itself.

The court was tasked with interpreting the Terrorism (Preventative Detention) Act 2005, specifically addressing the proclamation made by the Governor in setting the Act's commencement date. The legal issues revolved around the validity and procedural correctness of the proclamation, including whether it complied with the necessary legislative and administrative processes. The court examined the authority of the Governor to issue such a proclamation and whether it adhered to the requirements set out in the Rules Publication Act 1953 and the Gazette notification procedures.

The court found that the proclamation was valid and correctly followed the necessary legislative and administrative steps. The Governor's authority to issue the proclamation was upheld, as it was made with the advice of the Executive Council and in compliance with the Rules Publication Act 1953. The notification in the Gazette was also found to be in accordance with the prescribed procedures. Consequently, the proclamation setting the commencement date of the Act as 1 March 2007 was deemed lawful and effective.