Amendment of Canberra Building Regulations (ACT)

The case involves the Territory for the Seat of Government, specifically addressing the amendment to the Canberra Building Regulations. The amendment, made under the Building and Services Ordinance 1924-1928, was enacted to allow the use of wooden framed walls in temporary educational buildings if certain conditions were met. This regulation was introduced to alleviate the financial burden on applicants who needed to construct such buildings urgently. The amendment was authorised by the ACT Parliamentary Counsel.

The primary legal issue before the court was whether the amendment to the Canberra Building Regulations was within the legislative authority of the Minister of State for the Interior. This involved examining the powers granted under the Seat of Government (Administration) Ordinance 1930-1933 and the Building and Services Ordinance 1924-1928. The court needed to determine if the amendment was validly made and if it fell within the scope of the enabling legislation.

The court found that the amendment was indeed within the legislative authority of the Minister of State for the Interior. The enabling legislation granted the Minister the power to make regulations under the Building and Services Ordinance 1924-1928, which included the authority to amend the Canberra Building Regulations. The court further held that the conditions imposed in the amendment, such as the limited period of permission for the use of wooden framed walls, were reasonable and necessary to achieve the purpose of the regulation. The court concluded that the amendment was a valid exercise of the Minister's powers and did not exceed the scope of the enabling legislation.

The final orders confirmed the validity of the amendment to the Canberra Building Regulations. The court upheld the authority of the Minister to enact such regulations and found that the amendment was consistent with the legislative framework provided by the Seat of Government (Administration) Ordinance 1930-1933 and the Building and Services Ordinance 1924-1928.