Architects Act 1971 (ACT)

The matter before the court involved the interpretation and application of the Architects Act 1971 (ACT), specifically the amendments made to the Architects Ordinance 1959-1970. The court was tasked with determining whether certain fees payable to members and the chairman of the Board, as amended by the Architects Ordinance 1971, were applicable to individuals who were officers or employees of the Public Service of the Commonwealth or an authority of the Commonwealth.

The central legal issue before the court was whether the exclusion of certain individuals from the fee provisions applied to all members of the Board, or whether it only applied to those who were officers or employees of the Commonwealth. The court had to consider the language of the amended Ordinance and whether it effectively excluded certain individuals from the fee provisions as intended.

The court examined the amended section of the Ordinance and concluded that the exclusion from the fee provisions applied only to those who were officers or employees of the Commonwealth. The court found that the language of the amended Ordinance was clear and unambiguous, and therefore, the exclusion did not apply to all members of the Board, but only to those who were officers or employees of the Commonwealth. As such, the fees payable to the chairman and deputy chairman of the Board, as well as to other members who were not officers or employees of the Commonwealth, were valid and enforceable.

The court made a declaration to the effect that the exclusion from the fee provisions applied only to those who were officers or employees of the Commonwealth, and not to all members of the Board. No further orders were made by the court.