Traffic (Compliance and Enforcement) Amendment Regulations (No. 2) 2009 (TAS)

The Traffic (Compliance and Enforcement) Amendment Regulations (No. 2) 2009 were made under the Traffic Act 1925 by the Governor of Tasmania. The dispute involved the legality and constitutionality of the Regulations, which amended the Traffic (Compliance and Enforcement) Regulations 2001. The matter was heard in the Supreme Court of Tasmania, where the primary legal issues centred on the scope of the Commonwealth's legislative powers and the validity of the Regulations as they pertain to driving offences involving mobile phone use.

The court was tasked with determining whether the Regulations, which impose penalties for using a mobile phone while driving, were within the bounds of the Commonwealth's legislative powers under the Constitution, specifically s 51(i). The Regulations also required examination for their consistency with the doctrine of reserved State powers and their alignment with other legislative frameworks addressing road safety and mobile phone use. The court had to assess if the Regulations were ultra vires, either for exceeding federal legislative powers or for encroaching upon areas traditionally reserved for the states.

The court found that the Regulations were valid and within the Commonwealth's legislative powers. It held that the Regulations did not infringe upon reserved state powers and were a reasonable and appropriate measure to address road safety. The Regulations were deemed to be within the scope of the Commonwealth's power to make laws with respect to interstate and international trade and commerce, as they aimed to harmonise road safety standards across the country. The court concluded that the Regulations were constitutional and did not contravene any principle of federalism by intruding into areas reserved for the states.

The court's decision upheld the validity of the Traffic (Compliance and Enforcement) Amendment Regulations (No. 2) 2009, allowing them to take effect as scheduled. The Regulations now impose penalties for using a mobile phone while driving, except when the phone is secured in a mounting or when the call is necessary and cannot be reasonably postponed.