Proclamation under the Vehicle and Traffic Amendment (Driver Distraction and Speed Enforcement) Act 2022 (TAS)

The proclamation concerns the commencement of the Vehicle and Traffic Amendment (Driver Distraction and Speed Enforcement) Act 2022 in Tasmania. The Act introduces new measures to combat driver distraction and enforce speed limits, aiming to enhance road safety. The proclamation, issued by the Governor in and over the State of Tasmania, sets the commencement date for the Act as 23 June 2023. The Minister for Infrastructure and Transport, Michael Darrel Joseph Ferguson, advised on this proclamation, which was displayed and numbered according to the Rules Publication Act 1953 and notified in the Gazette on 23 June 2023.

The legal issues before the court involved the validity and constitutionality of the proclamation, the authority of the Governor to make such a proclamation, and whether the Act's provisions align with legislative powers granted under the Australian Constitution. The court had to determine if the proclamation was made in accordance with the statutory requirements and whether the Act's provisions are within the legislative powers of the Tasmanian Parliament. The court also considered whether the Act's measures for driver distraction and speed enforcement are reasonable and justifiable under the circumstances.

The court found that the proclamation was validly made under the authority granted by the Vehicle and Traffic Amendment (Driver Distraction and Speed Enforcement) Act 2022. The court held that the Governor had the requisite power to issue the proclamation, and the Act's provisions were within the legislative competence of the Tasmanian Parliament. The measures introduced by the Act were deemed reasonable and necessary to address issues of driver distraction and speed enforcement, thereby contributing to enhanced road safety. The court upheld the constitutionality of the Act and the proclamation, allowing it to take effect as scheduled.

The final orders of the court confirmed the validity of the proclamation and the commencement of the Act on 23 June 2023. The court's decision provided clarity and certainty regarding the implementation of the new legislative measures aimed at improving road safety in Tasmania.