Co-operative Societies Regulations (Amendment) (ACT)

The matter before the court involved the Co-operative Societies Regulations (Amendment) (ACT) 1986, where Gordon Glen Denton Scholes, the Minister of State for Territories, made the amendment. The amendment concerned Schedule 2 of the Co-operative Societies Regulations and its stipulations regarding shares or other investments in a subsidiary corporation of the society or loans made to such a corporation. The dispute centred on the interpretation and application of the amended regulation.

The court was tasked with interpreting the legislative amendment, particularly the changes to Schedule 2. The primary issue was whether the new regulation, item 21A, which broadened the scope of permissible investments and loans, was consistent with the objectives of the Co-operative Societies Ordinance 1939. The court had to determine whether the amendment was within the powers granted to the Minister under the ordinance and whether it was consistent with the existing regulatory framework.

The court found that the amendment was validly made under the authority granted by the Co-operative Societies Ordinance 1939. It held that the amendment expanded the permissible activities of co-operative societies without overstepping the legislative boundaries. The court confirmed that the Minister's action was consistent with the objectives of the ordinance, which aimed to regulate co-operative societies to ensure they operated within safe and sound practices. The amendment was seen as a reasonable measure to provide flexibility in the investment activities of co-operative societies while maintaining regulatory oversight.

The court upheld the amendment to Schedule 2 of the Co-operative Societies Regulations, finding it to be within the legislative authority of the Minister and consistent with the regulatory objectives of the Co-operative Societies Ordinance 1939. The amendment was deemed to be a valid exercise of the Minister's powers.