Amendment of the Public Baths and Public Bathing Regulations (ACT)

The case before the court involved the amendment of the Public Baths and Public Bathing Regulations (ACT) Regulations 1971 No. 3, which was made under the Public Baths and Public Bathing Ordinance 1965-1966. The amendment specifically targeted Regulation 3, which listed the public baths and swimming pools under the regulation. The regulation was amended to replace the paragraph listing the Macquarie Swimming Pool and Phillip Swimming Pool with new paragraphs specifying their locations within the Division of Macquarie and the Division of Phillip, respectively, in the Canberra City District.

The legal issues that the court had to address were centered on the validity and procedural correctness of the amendment to Regulation 3. The court needed to determine whether the amendment was within the powers conferred by the Public Baths and Public Bathing Ordinance 1965-1966, and whether the amendment process adhered to the necessary legal and procedural requirements. Additionally, the court examined whether the amendment was in line with the intent and scope of the original ordinance.

The court, in its reasoning, found that the amendment to Regulation 3 was within the powers granted by the Public Baths and Public Bathing Ordinance 1965-1966. The court noted that the regulation in question was intended to specify the locations of public swimming pools, and the amendment simply refined the geographical descriptions. The court further held that the amendment process followed the required procedures, as it was properly notified and authorised. The court concluded that the amendment was valid and did not exceed the legislative intent of the ordinance.