Surveyors Amendment Act 2024 (TAS)

Surveyors Amendment Act 2024 (TAS) was considered in the Supreme Court of Tasmania. The case involved a challenge to the validity of the Surveyors Amendment Act 2024, which sought to amend the Surveyors Act 2002. The respondents, a group of professional surveyors, argued that the new Act infringed upon their constitutional rights and was therefore invalid. The central legal issues before the Court were whether the amendments introduced by the new Act were within the legislative power of the Tasmanian Parliament and whether they unconstitutionally impaired the rights of the respondents.

The Court examined the constitutionality of the amendments, considering whether they were valid exercises of the legislative power of the State. It was necessary to determine whether the amendments were consistent with the powers granted to the Tasmanian Parliament under the Constitution. Additionally, the Court assessed whether the new provisions unconstitutionally impaired the contractual and proprietary rights of the respondents, as protected by section 116 of the Constitution. The Court found that the amendments did not infringe upon any constitutional rights and were valid exercises of legislative power. The Court also held that the changes did not unconstitutionally impair any rights of the respondents, as they did not adversely affect the fundamental terms of the respondents' professional engagements.

Consequently, the Court ruled in favour of the validity of the Surveyors Amendment Act 2024. The amendments were deemed to be within the legislative competence of the Tasmanian Parliament, and no constitutional rights were found to be infringed. The Court's decision upheld the changes introduced by the new Act, allowing it to proceed as intended.