Building (Amendment) Act (No 2) 1987 (ACT)

The Building (Amendment) Ordinance (No. 2) 1987 (ACT) was enacted by the Australian Capital Territory to amend the Building Ordinance 1972. The amendment introduced changes to the process for applying for a builder's licence and the conditions for granting building permits. The ordinance sought to standardise the fees associated with building permits and licences.

The primary legal issues before the court involved the validity of the amendment to the Building Ordinance 1972, specifically the changes to the fee structure and the substitution of "prescribed" with "determined" in various sections. The court had to determine whether the amendments were within the legislative powers of the ACT and if they adhered to the requirements of the Building Ordinance 1972.

The court held that the Building (Amendment) Ordinance (No. 2) 1987 was valid and within the legislative powers of the ACT. The amendments were consistent with the original intent of the Building Ordinance 1972 and served to streamline the application process for builder's licences and building permits. The substitution of "prescribed" with "determined" was deemed appropriate as it aligned with the overall legislative framework.

The court concluded that the amendment was lawful and did not exceed the powers of the ACT to legislate on building matters. The changes were seen as beneficial in ensuring clarity and consistency in the application and issuance of builder's licences and building permits.