Amendments of the Canberra Building Regulations (ACT)

The case before the court involved the Minister of State for the Interior, Wilfred Selwyn Kent Hughes, who made amendments to the Canberra Building Regulations (ACT) under the powers conferred by the Building and Services Ordinance 1924-1942. The amendments in question were made on the second day of September, 1953, and related to changes in the regulation concerning the preparation and signing of building plans by an architect. These changes included the omission of the requirement that building plans be prepared and signed by an architect and the insertion of new forms for applications for approval as to design only.

The legal issues before the court were whether the amendments to the Canberra Building Regulations were valid and whether they complied with the legislative powers granted under the Building and Services Ordinance 1924-1942. Specifically, the court had to determine if the Minister of State for the Interior had the authority to make such amendments and if the changes to the regulations were within the scope of the powers granted.

The court found that the Minister of State for the Interior did have the authority to make amendments to the Canberra Building Regulations under the Building and Services Ordinance 1924-1942. The court examined the legislative powers granted and concluded that the amendments were within the scope of those powers. The court also considered the specific changes made to the regulations, including the omission of the requirement for plans to be prepared and signed by an architect, and found that these changes were consistent with the intent of the Building and Services Ordinance. The court ruled that the amendments were valid and within the legislative authority granted.

As a result of the court's ruling, the amendments to the Canberra Building Regulations made by the Minister of State for the Interior on the second day of September, 1953, were upheld. The changes, including the omission of the requirement for plans to be prepared and signed by an architect, were deemed to be within the legislative powers granted under the Building and Services Ordinance 1924-1942.