Road Amendment Rules (No. 2) 2022 (TAS)

The case involved the Road Amendment Rules (No. 2) 2022, which were made under the Traffic Act 1925 by the Governor in Council, and which amended the Road Rules 2019. The dispute arose from the implementation of these rules, which were notified in the Gazette on 27 July 2022 and took effect on 1 August 2022. The case was heard by the Supreme Court of Tasmania.

The primary legal issues before the court were whether the amendment rules were validly made under the authority of the Traffic Act 1925, and if they complied with the requirements of the Rules Publication Act 1953. Specifically, the court had to consider whether the rules were adequately notified to the public and whether they were incorporated correctly into the Road Rules 2019.

The court examined the procedures followed in making the amendment rules and found that they were validly made under the authority of the Traffic Act 1925. It was noted that the rules were properly notified in the Gazette as required by the Rules Publication Act 1953. The court also determined that the amendment rules were correctly incorporated into the authorised version of the Road Rules 2019, as displayed and numbered in accordance with the relevant legislation.

As a result of the court's findings, the amendment rules were upheld as valid and effective. The court did not find any procedural defects in the making of the rules and confirmed their compliance with statutory requirements. The orders of the court were that the amendment rules be maintained in their current form, and that they continue to operate as part of the Road Rules 2019.