Court of Petty Sessions (Amendment) Act (No 2) 1985 (ACT)

This case involved the Court of Petty Sessions in the Australian Capital Territory, and centred around the amendments made to the Court of Petty Sessions Ordinance 1930 through the Court of Petty Sessions (Amendment) Ordinance (No 2) 1985. The primary issue for the court was to determine the legality and scope of the amendment, specifically regarding the power of the court to re-open proceedings and amend convictions or orders that were contrary to the law or failed to impose a penalty required by law. Additionally, the court had to consider the procedural requirements for such re-openings, including notice provisions and the timing of the re-opening.

The court found that the amendment was valid and provided the court with the necessary powers to re-open proceedings under specific conditions. It held that the court could exercise this jurisdiction either on its own motion or upon application by a party, but only within certain time limits. The court also clarified that the re-opening of proceedings should not occur if an appeal was already pending. The court emphasised the importance of providing notice to the parties involved, though it also noted that this requirement could be waived if both parties were present. The court further ruled that any amended orders or convictions would generally take effect from the original date of the conviction or order, unless otherwise specified.

The outcome of this case was that the amended ordinance was upheld as lawful and enforceable, granting the court the authority to correct its own errors or omissions in imposing penalties, provided that the procedures were followed. This decision ensured that the court could rectify its mistakes and ensure that the penalties imposed were in line with the law.