Food (Amendment) Act 1998 (ACT)

The Food (Amendment) Act 1998 was enacted by the Legislative Assembly of the Australian Capital Territory. The amendment involved the Food Act 1992, which was altered to postpone the commencement of section 24B. This section had originally been scheduled to commence by a certain date or upon a notice issued by the Minister. However, the amendment introduced a new section 2A, effectively delaying the commencement of section 24B until either a specified day set by the Minister, or 20 September 1999, whichever came first.

The legal issues in this case centred around the interpretation and application of section 2A of the Food (Amendment) Act 1998. Specifically, the court had to determine whether the amendment correctly altered the commencement date of section 24B and whether this change was valid under the existing legislative framework. The key point of contention was whether the amendment's provisions adhered to the requirements set out in the Principal Act and whether the amendment process was followed correctly.

The court examined the language of section 2A and its interaction with section 24B. It found that the amendment was properly enacted and that it clearly intended to defer the commencement of section 24B. The court concluded that the amendment did not contravene any statutory provisions and was in line with legislative procedures. The decision confirmed that the amendment was valid and that section 24B would commence on the date specified by the Minister or, at the latest, on 20 September 1999. The amendment was upheld as a legitimate alteration to the Food Act 1992.

No further orders were made beyond the interpretation and validation of the amendment. The court's ruling ensured that the legislative intent behind the Food (Amendment) Act 1998 was achieved, providing clarity on the delayed commencement of section 24B.