Electricity and Water (Amendment) Act (No 2) 1991 (ACT)

In the Australian Capital Territory, the Electricity and Water (Amendment) Act (No. 2) 1991 was challenged on the basis that it was inconsistent with the Australian Capital Territory (Self-Government) Act 1988. The matter was heard in the Supreme Court of the Australian Capital Territory. The principal issue for the court to decide was whether the Act was inconsistent with the Self-Government Act and therefore invalid.

The court considered the provisions of the Self-Government Act, which grants the Legislative Assembly of the Australian Capital Territory the power to make laws for the peace, order, and good government of the territory. The court noted that the Electricity and Water (Amendment) Act (No. 2) 1991 was an Act of the Legislative Assembly and therefore within its legislative competence. The court also considered the argument that the Act was inconsistent with the Self-Government Act because it purported to amend an Act of the Commonwealth Parliament. However, the court found that the Electricity and Water Act 1988 was an Act of the Australian Capital Territory and not of the Commonwealth, and therefore the amendment was not inconsistent with the Self-Government Act.

The court held that the Electricity and Water (Amendment) Act (No. 2) 1991 was valid and not inconsistent with the Self-Government Act. The court rejected the argument that the Act was inconsistent with the Self-Government Act and dismissed the challenge to the validity of the Act.