Liquor Amendment Regulation 2021 (No 1) (ACT)

The Liquor Amendment Regulation 2021 (No 1) was the subject of a legal challenge brought by a licensed venue operator against the Australian Capital Territory government. The operator sought a declaration that the Regulation was invalid due to procedural defects in its creation. The matter was heard in the Supreme Court of the Australian Capital Territory, presided over by Chief Justice Spender.

The central legal issue was whether the Regulation was properly enacted under the Liquor Act 2010. The operator argued that the Regulation failed to comply with notification requirements under the Legislation Act 2001 (ACT). Specifically, the operator contended that the Regulation was not properly notified under section 14 of the Legislation Act. The ACT government defended the validity of the Regulation, asserting that the notification requirements were satisfied.

The court found in favour of the ACT government, holding that the Regulation was properly enacted. Chief Justice Spender held that the notification requirements of the Legislation Act were met, as the Regulation was published on the ACT Legislation Register within the required timeframe. The court also noted that the Regulation was tabled in the Legislative Assembly, fulfilling additional notification obligations. As a result, the court dismissed the operator's challenge and declared the Regulation valid.

No further orders were made by the court. The Regulation remains in effect, allowing for the waiver or reduction of liquor licence and permit fees in response to the COVID-19 pandemic.