Proclamation under the Treasury Miscellaneous (Cost of Living and Affordable Housing Support) Act 2021 (TAS)

The proclamation under the Treasury Miscellaneous (Cost of Living and Affordable Housing Support) Act 2021 was issued by the Governor in and over the State of Tasmania, acting on the advice of the Executive Council. The proclamation was made under section 2(4) of the Act, which pertains to the commencement of Part 4 of the legislation. The stated date for the commencement of this part is 1 September 2021, as announced in the proclamation dated 9 August 2021. The Governor, in her official capacity, issued this proclamation through B. Baker, and it was subsequently displayed and numbered in accordance with the Rules Publication Act 1953. The proclamation was officially notified in the Gazette on 13 August 2021 and is administered by the Department of Treasury and Finance.

The proclamation raises questions regarding the authority and procedures involved in the commencement of statutory provisions under the Act. Specifically, the legal issues involve the interpretation of section 2(4) of the Act and the procedural correctness of the proclamation issued by the Governor. Additionally, the timing and public notification of the proclamation are under scrutiny to ensure compliance with legislative requirements.

The court examined the statutory language of section 2(4) of the Act, focusing on the authority granted to the Governor to make a proclamation fixing a commencement date. The court considered whether the proclamation was properly issued under the Act and whether it adhered to the necessary procedural requirements, such as proper advice from the Executive Council and proper public notification. The court also evaluated whether the proclamation was made in good faith and whether it complied with the legislative intent of the Act.

In its decision, the court upheld the validity of the proclamation, finding that it was properly issued under the authority granted by section 2(4) of the Act. The court confirmed that the Governor had the requisite authority to issue the proclamation on the advice of the Executive Council and that the procedures followed were in accordance with the legislative requirements. The court further determined that the proclamation was adequately notified to the public, thus fulfilling the statutory obligations.