Long Service Leave (Building and Construction Industry) (Amendment) Act (No 2) 1988 (ACT)

The Long Service Leave (Building and Construction Industry) (Amendment) Ordinance (No. 2) 1988, made under the Seat of Government (Administration) Act 1910, was the subject of a legal challenge in the Australian Capital Territory Supreme Court. The ordinance, which amended the Long Service Leave (Building and Construction Industry) Ordinance 1981, was contested by the Building and Construction Industry Board. The central issue was whether the amendment was validly enacted, given that it was made without the concurrence of the Legislative Assembly of the Australian Capital Territory, as required by the Seat of Government (Administration) Act 1910. This requirement was contested by the Building and Construction Industry Board, which argued that the amendment was not properly enacted and thus invalid.

The court considered the legislative framework under which the ordinance was made. It examined the provisions of the Seat of Government (Administration) Act 1910, which required the concurrence of the Legislative Assembly for certain types of legislation. The court found that the amendment to the Long Service Leave Ordinance did not require such concurrence, as it was not classified as a law that would impose taxation or a burden on the people of the Australian Capital Territory. Consequently, the court held that the amendment was validly enacted and did not require the concurrence of the Legislative Assembly. This decision upheld the constitutionality of the ordinance.

The court's decision was grounded in the interpretation of the relevant legislative provisions and the specific nature of the amendment. The amendment was not seen as imposing a tax or a burden on the people, but rather as a technical change to the administration of long service leave in the building and construction industry. Therefore, the court ruled in favour of the validity of the ordinance. The final orders of the court confirmed the validity of the Long Service Leave (Building and Construction Industry) (Amendment) Ordinance (No. 2) 1988, dismissing the Building and Construction Industry Board's challenge.