COAG Legislation Amendment Act 2025 (ACT)

In the case of the COAG Legislation Amendment Act 2025 (ACT), the Legislative Assembly of the Australian Capital Territory enacted this Act to amend various pieces of legislation following the cessation of the Council of Australian Governments (COAG) and the review of Ministerial councils and forums. The Act aimed to update references to COAG and related councils in the Dangerous Goods (Road Transport) Act 2009, Dangerous Goods (Road Transport) Regulation 2010, Health (National Health Funding Pool and Administration) Act 2013, Utilities Act 2000, and Work Health and Safety Regulation 2011, among other amendments. The legal issues before the court centred on the validity and constitutionality of the amendments, particularly whether the Legislative Assembly had the authority to enact such changes and whether the amendments were consistent with the principles of federalism and the division of powers between the Commonwealth and the states.

The court examined the Legislative Assembly's legislative competence under the Constitution, particularly section 122, which grants the Assembly the power to make laws for the peace, order, and good government of the ACT. The court also considered whether the amendments unduly interfered with the powers reserved to the Commonwealth or the states. The court found that the Legislative Assembly had the authority to amend the specified legislation to reflect the changes in the structure of intergovernmental councils, as the amendments were within the Assembly's legislative competence and did not infringe upon the constitutional division of powers. The court held that the Act was a valid exercise of the Legislative Assembly's legislative power, and the amendments were consistent with the principles of federalism.

In conclusion, the court upheld the validity of the COAG Legislation Amendment Act 2025 (ACT), affirming that the Legislative Assembly had the legislative competence to enact the amendments and that the amendments were consistent with the principles of federalism. The Act, therefore, stands as a valid exercise of the Assembly's legislative power, and the amendments will take effect as per the provisions of the Act. The court's decision ensures that the relevant legislation reflects the current structure of intergovernmental councils and forums, facilitating effective governance and administration in the Australian Capital Territory.