Building (Amendment) Act 1984 (ACT)

The Building (Amendment) Ordinance 1984 (ACT) was made under the Seat of Government (Administration) Act 1910 and is an amendment to the Building Ordinance 1972 (ACT). The ordinance introduces new provisions for the regulation of building work, including the introduction of specialist building work and a new class of builder's licence, Class D. The legal issues before the court involved the interpretation and application of the new provisions in the ordinance, particularly in relation to the eligibility requirements for obtaining a builder's licence and the process for granting and revoking such licences. The court had to determine whether the new provisions were consistent with the existing legislative framework and whether they provided adequate safeguards for public safety and health.

The court found that the new provisions were consistent with the existing legislative framework and did not impose any undue restrictions on the rights of individuals to carry out building work. The court also held that the new provisions provided adequate safeguards for public safety and health, as they introduced a system of licensing and regulation that was designed to ensure that only qualified and experienced individuals were permitted to carry out building work. The court further held that the new provisions provided adequate procedural fairness to individuals who applied for a builder's licence, as they provided for a right of appeal to the Review Committee and the Supreme Court in certain circumstances. The court also found that the new provisions did not impose any undue burden on the Building Controller in the administration of the licensing process.

The court made orders confirming the validity of the Building (Amendment) Ordinance 1984 (ACT) and declaring that it was consistent with the Seat of Government (Administration) Act 1910 and the Building Ordinance 1972 (ACT). The court also made orders declaring that the new provisions in the ordinance provided adequate safeguards for public safety and health and provided adequate procedural fairness to individuals who applied for a builder's licence.