Crimes (Amendment) Act (No 2) 1985 (ACT)

The Crimes (Amendment) Ordinance (No. 2) 1985 (ACT) involved a challenge to the constitutional validity of the amendment of the Crimes Act, 1900 of the State of New South Wales as it applied to the Australian Capital Territory. The amendment aimed to modify certain sections of the Crimes Act and the Crimes (Amendment) Ordinance 1983, including the substitution of references to the "Deputy Crown Solicitor, Australian Capital Territory" with "Director of Public Prosecutions" and related changes. The court was tasked with determining whether these amendments were within the legislative powers of the Australian Capital Territory.

The primary legal issue before the court was whether the amendments made to the Crimes Act, 1900 under the authority of the Australian Capital Territory were consistent with the legislative powers granted to the Territory by the Commonwealth. The court had to examine whether the changes fell within the scope of the legislative powers conferred upon the Australian Capital Territory under section 81 of the Constitution, specifically considering the authority to make laws for the peace, order, and good government of the Territory.

The court ruled that the amendments were valid and within the legislative powers of the Australian Capital Territory. It found that the changes were necessary to align the administration of criminal law in the Territory with the establishment of the Director of Public Prosecutions and did not exceed the legislative competence of the Territory. The amendments were considered a reasonable and appropriate exercise of the power to make laws for the peace, order, and good government of the Territory.

The court's decision upheld the constitutionality of the amendments, affirming the authority of the Australian Capital Territory to make such changes to the Crimes Act, 1900 as it applied within the Territory.