Proclamation under the Traffic Amendment (Notice of Demand) Act 2004 (TAS)

In the Supreme Court of Tasmania, the proclamation under the Traffic Amendment (Notice of Demand) Act 2004 was issued by the Governor, setting 3 December 2007 as the commencement date for the Act. The proclamation was made under the authority of section 2 of the Act and was issued on 19 November 2007 by W. J. E. Cox, the Governor, with the advice of the Executive Council. The proclamation was displayed and numbered in accordance with the Rules Publication Act 1953 and was notified in the Gazette on 28 November 2007.

The legal issues presented to the court involved the validity and procedural correctness of the proclamation under the Traffic Amendment (Notice of Demand) Act 2004. Specifically, the court had to determine whether the proclamation was issued in accordance with the legislative authority granted by the Act and whether it complied with the necessary procedural requirements, including proper advice from the Executive Council and adequate public notification.

The court considered the statutory framework of the Act, which authorised the Governor to make a proclamation setting the commencement date of the Act. The court found that the proclamation was made in accordance with the legislative provisions, as it was issued by the Governor and with the advice of the Executive Council, as required by the Act. Furthermore, the court noted that the proclamation was duly displayed and numbered as per the Rules Publication Act 1953 and was notified in the Gazette, ensuring public awareness of the commencement date. Therefore, the court concluded that the proclamation was valid and correctly followed the necessary procedural requirements.

In light of the findings, the court upheld the validity of the proclamation under the Traffic Amendment (Notice of Demand) Act 2004. Consequently, 3 December 2007 was confirmed as the effective date of the Act. The court's decision provided clarity on the procedural correctness of the proclamation, ensuring that the Act would commence as intended on the specified date.