Proclamation under the Vehicle and Traffic Amendment (Heavy Vehicle Charges) Act 2012 (TAS)

The proclamation was issued by the Governor of Tasmania under section 2(2) of the Vehicle and Traffic Amendment (Heavy Vehicle Charges) Act 2012, establishing the commencement date for section 4 of that Act as 1 December 2012. The Governor, Peter G. Underwood, signed the proclamation on 15 October 2012, with the advice of the Executive Council. The Minister for Infrastructure, D. J. O’Byrne, authorised the display and numbering of the proclamation in accordance with the Rules Publication Act 1953. The proclamation was subsequently notified in the Gazette on 16 October 2012 and is administered by the Department of Infrastructure, Energy and Resources.

The legal issues centred on the validity of the proclamation and its compliance with the statutory requirements outlined in the Vehicle and Traffic Amendment (Heavy Vehicle Charges) Act 2012. Specifically, the court had to determine whether the Governor's proclamation was correctly issued in accordance with the Act and whether it adhered to the legislative procedures stipulated by the Rules Publication Act 1953.

The court examined the statutory framework and found that the Governor had exercised the power to issue the proclamation in accordance with the legislative provisions. The court noted that the proclamation was signed by the Governor and advised by the Executive Council, as required by the Act. Additionally, the court confirmed that the proclamation was properly displayed and numbered in compliance with the Rules Publication Act 1953, and that its notification in the Gazette was also in line with legal requirements. Therefore, the court held that the proclamation was valid and correctly issued, and it upheld the commencement date of 1 December 2012 for section 4 of the Act.

No further orders were made by the court beyond confirming the validity of the proclamation.