Racing Amendment Act 1997 (TAS)

The matter before the Court was a challenge to the Racing Amendment Act 1997 (TAS). The Applicant contended that the Act was unconstitutional, as it had not been passed by an absolute majority of both Houses of the Parliament of Tasmania, as required by section 10A of the Tasmanian Constitution Act 1934 (TAS). The legal issue for the Court was whether the Racing Amendment Act 1997 (TAS) was validly enacted. The Court held that the Racing Amendment Act 1997 (TAS) was validly enacted. The Court found that section 10A of the Tasmanian Constitution Act 1934 (TAS) was not engaged, as the Racing Amendment Act 1997 (TAS) did not alter the constitution, or the manner of altering it. The Racing Amendment Act 1997 (TAS) was a law with respect to the "peace, order and good government" of Tasmania, and therefore, did not require the additional majority prescribed by section 10A of the Tasmanian Constitution Act 1934 (TAS). The Applicant's challenge was dismissed.