Court of Petty Sessions (Amendment) Act (No 2) 1982 (ACT)

The case involves the interpretation and application of the Court of Petty Sessions (Amendment) Ordinance (No 2) 1982 (ACT), which amends the Court of Petty Sessions Ordinance 1930. This case was heard in the Court of Petty Sessions, where the key issues were the ability of an informant to apply for the setting aside of a conviction or order made in the absence of the defendant and the mitigation of payment by the Court. The case arose from the conviction of a defendant who was not present at the hearing and the subsequent application by the informant to have the conviction set aside.

The court had to decide whether the informant had the right to apply to the court for the setting aside of a conviction or order when the defendant was not present, and if so, under what circumstances. The court also had to determine if the amendment to section 188 of the Principal Ordinance, which increased the maximum fine from $50 to $2,000, was valid. The court examined the relevant provisions of the Ordinance and considered whether the amendment was within the legislative powers of the ACT.

The court found that the informant did have the right to apply for the setting aside of a conviction or order made in the absence of the defendant, subject to certain conditions. The court held that the amendment to section 188 of the Principal Ordinance was valid, as it fell within the legislative powers of the ACT. The court also found that the increase in the maximum fine from $50 to $2,000 was reasonable and proportionate to the offence.

The final orders of the court were that the conviction or order made in the absence of the defendant could be set aside on application by the informant, subject to the conditions set out in section 23AA of the Ordinance. The court also upheld the amendment to section 188 of the Principal Ordinance, which increased the maximum fine from $50 to $2,000.