Subordinate Legislation Order 2001 (TAS)

The Subordinate Legislation Order 2001 was made by the Governor of Tasmania in accordance with the Subordinate Legislation Act 1992. The order was made to postpone the repeal of certain statutory rules and by-laws until 1 January 2003. The affected regulations include the Land Surveyors (Examination and Registration) By-laws 1982, Land Surveyors (Survey Practice) By-laws 1982, Land Titles Regulations 1981, Long Service Leave (Casual Wharf Employees) Regulations 1982, and Transport (Ferries) By-laws 1981. The order was made to allow for additional time to review and potentially revise the regulations before their repeal. The order was made under the authority of the Governor in Council and was notified in the Tasmanian Government Gazette on 19 December 2001.

The legal issues in the case centred around the validity and scope of the Subordinate Legislation Order 2001. Specifically, the court had to determine whether the order was within the power of the Governor to make and whether the order was validly made under the Subordinate Legislation Act 1992. The court also had to consider whether the order was consistent with the Tasmanian Constitution and whether the order was made in accordance with the relevant legislative requirements.

The court found that the Subordinate Legislation Order 2001 was validly made by the Governor in accordance with the Subordinate Legislation Act 1992. The court held that the order was within the power of the Governor to make and was consistent with the Tasmanian Constitution. The court also found that the order was made in accordance with the relevant legislative requirements. The court noted that the order was made to allow for additional time to review and potentially revise the affected regulations before their repeal, which was a valid exercise of the Governor's power. The court further held that the order was consistent with the purposes of the Subordinate Legislation Act 1992, which is to provide for the making of subordinate legislation in a manner that is consistent with the legislative intent and that provides for proper scrutiny and control of subordinate legislation.

The court made no orders as the case was not a dispute between parties but rather an order made by the Governor under statute.