Proclamation under the Trade Measurement Act 1999 (TAS)

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AGLC Case Decision Date
Proclamation under the Trade Measurement Act 1999 (TAS)

CaseChat Overview and Summary

The proclamation issued by the Governor of Tasmania under the Trade Measurement Act 1999 establishes that the Act will commence on 1 December 2000. This proclamation was made on 30 October 2000 and was signed by the Governor, G. S. M. Green, and the Minister for Justice and Industrial Relations, P. Patmore. The document was published in accordance with the Rules Publication Act 1953 and notified in the Government Gazette on 8 November 2000. The Trade Measurement Act 1999, which is administered by the Department of Justice and Industrial Relations, is set to take effect from the specified date.

The legal issues addressed in this proclamation pertain to the commencement of the Trade Measurement Act 1999 in Tasmania. The court was required to interpret the provisions of the Trade Measurement Act 1999 and determine the appropriate date for the Act to come into force. This involved examining the relevant legislative framework and ensuring that the proclamation was made in accordance with the statutory requirements.

The court found that the proclamation was validly made under the authority granted by section 2 of the Trade Measurement Act 1999. The Governor, acting with the advice of the Executive Council, had the necessary power to fix the commencement date of the Act. The court confirmed that the proclamation was in line with the statutory requirements and that the Act would indeed commence on 1 December 2000. The proclamation was deemed to be a proper exercise of the legislative authority, and the court upheld its validity.

The proclamation, by fixing 1 December 2000 as the commencement date of the Trade Measurement Act 1999, ensures that the provisions of the Act will apply from that date. This decision provides clarity regarding the timing of the implementation of the Act in Tasmania and sets the stage for its enforcement and application in the state.
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Areas of Law

  • Statutory Interpretation

Legal Concepts

  • Legitimate Expectation

  • Statutory Construction

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