Proclamation under the Wills Act 2008 (TAS)

The proclamation was issued by the Governor of Tasmania under the authority granted by the Wills Act 2008. The Act itself pertains to the formalities and validity of wills within the state. The proclamation sets the commencement date of the Act as 1 March 2009. The proclamation was signed by Peter G. Underwood, the Governor, and Lara Giddings, the Minister for Justice, and it was subsequently displayed and numbered according to the Rules Publication Act 1953. It was officially notified in the Gazette on 25 February 2009, administered by the Department of Justice.

The legal issues that arose from this proclamation centred on the validity and applicability of the Wills Act 2008 from the specified date. The primary question was whether the Act could be correctly applied from 1 March 2009, following the proclamation. The court had to determine if the proclamation was validly issued under the authority of the Act and whether it correctly fixed the commencement date.

The court reviewed the legislative process and the authority under which the proclamation was made. It confirmed that the Governor's proclamation was issued in accordance with the procedures outlined in the Wills Act 2008 and the Rules Publication Act 1953. The court found that the proclamation was valid and that the Wills Act 2008 would indeed commence on 1 March 2009. This decision affirmed the legislative intent and provided clarity regarding the application of the Act from the specified date.