Co-operative Societies (Amendment) Act (No 4) 1987 (ACT)

This case involved the challenge of the Co-operative Societies (Amendment) Ordinance (No. 4) 1987 (ACT), which sought to amend the Co-operative Societies Ordinance 1939 (ACT). The dispute was brought before the Australian Capital Territory Supreme Court. The primary issue at hand was the constitutional validity of the Ordinance, specifically whether it was consistent with the provisions of the Seat of Government (Administration) Act 1910 (Cth).

The court was tasked with determining whether the Ordinance was authorised by the Commonwealth Parliament under its constitutional powers. This involved examining whether the Ordinance was a law with respect to the Territory, as required by section 91 of the Australian Constitution, and whether it was consistent with the Seat of Government (Administration) Act 1910. The central question was whether the amendment to the Co-operative Societies Ordinance 1939, by reducing the prescribed percentage of assets to be associated with the primary object, was within the legislative competence of the ACT.

The court found that the Ordinance was valid. It held that the amendment to the Co-operative Societies Ordinance 1939 was a law with respect to the Territory, as it dealt with matters concerning the Territory. The court also concluded that the Ordinance did not contravene the Seat of Government (Administration) Act 1910, as it was not inconsistent with the Act's provisions. The court reasoned that the amendment was a permissible exercise of the ACT's legislative power, as it did not exceed the scope of the authority granted by the Commonwealth Parliament.

As a result, the court upheld the constitutional validity of the Co-operative Societies (Amendment) Ordinance (No. 4) 1987 (ACT). The challenge was dismissed, and the amendment to the Co-operative Societies Ordinance 1939 was confirmed as lawful.