Amendment of the Pharmacy Regulations (ACT)

The case involved Michael John Randall McKellar, the Minister of State for Health, who made an amendment to the Pharmacy Regulations 1981 No. 5 under the Pharmacy Ordinance 1931. The amendment, which was notified in the Commonwealth of Australia Gazette on 3 March 1981, repealed Regulation 4 of the Pharmacy Regulations. The regulations themselves were initially notified on 25 June 1931 and had been amended previously by Regulations 1967 No. 5 and 1980 No. 3. The authorisation for the regulations and the amendment was provided by the ACT Parliamentary Counsel.

The court was tasked with determining the validity of the amendment made by the Minister to the Pharmacy Regulations. The legal issues included whether the Minister had the authority to make such an amendment under the Pharmacy Ordinance 1931, and whether the amendment was in line with the legislative intent and powers granted to the Minister. The court also had to consider if the amendment process adhered to the necessary formalities and notification requirements stipulated by the Ordinance.

In ruling on the matter, the court examined the legislative framework provided by the Pharmacy Ordinance 1931 and the authority conferred upon the Minister to make regulations. It assessed whether the amendment process followed the prescribed procedures and whether the Minister's actions were within the scope of the powers granted by the Ordinance. The court concluded that the Minister had the authority to make the amendment and that the amendment process complied with the legislative requirements. Consequently, the amendment to the Pharmacy Regulations was deemed valid and lawful.