Court of Petty Sessions (Amendment) Act 1985 (ACT)

The Court of Petty Sessions (Amendment) Ordinance 1985 (ACT) was enacted to amend the Court of Petty Sessions Ordinance 1930. The amendments made by the Ordinance involved the substitution of references to the Director of Public Prosecutions or an authorized person for the Deputy Crown Solicitor in various sections of the Principal Ordinance. The changes were aimed at updating the legislative framework governing the court's proceedings and the handling of legal documents and recognizances.

The primary legal issue before the court was whether the amendments made by the Ordinance were valid and whether they complied with the requirements of the Seat of Government (Administration) Act 1910 under which the Ordinance was made. Specifically, the court had to determine if the amendments were within the scope of the power delegated by the Act to the Administrator and if they had been made in accordance with the legislative process outlined in the Act.

The court found that the amendments were valid and within the scope of the power granted to the Administrator under the Seat of Government (Administration) Act 1910. The court noted that the changes were procedural and did not alter the substantive law or the fundamental nature of the court's jurisdiction. The court also confirmed that the amendments were made in accordance with the legislative process required by the Act, including proper notification and gazettal. Therefore, the court upheld the validity of the Ordinance and its amendments to the Principal Ordinance.

No further orders were made by the court as the amendments were deemed valid and lawful. The changes to the Court of Petty Sessions Ordinance 1930, as amended by the Court of Petty Sessions (Amendment) Ordinance 1985, now reflect the updated process for handling legal documents and recognizances within the court's jurisdiction.