Police Act (No 2) 1972 (ACT)

The matter under consideration is an amendment to the Police Ordinance 1927-1970, introduced by the Police Ordinance (No 2) 1972. The case involves the interpretation and application of the Police Act (No 2) 1972 (ACT), focusing on the changes made to the Police Ordinance by this act. The court must determine the validity and effect of the amendments, ensuring they comply with the legislative framework and the requirements of the Seat of Government (Administration) Act 1910-1972.

The legal issues that the court needed to address include whether the amendments made by the Police Ordinance (No 2) 1972 are valid and whether they appropriately reflect the intent of the Police Ordinance 1927-1970 as amended by the Police Ordinance 1972. The court also had to consider the implications of the changes on the operation of the police force and the public's access to information regarding police determinations. The court examined the legislative history and the context in which the amendments were made to ensure that the changes were consistent with the existing legislative framework.

The court concluded that the amendments made by the Police Ordinance (No 2) 1972 are valid and properly reflect the intent of the Police Ordinance 1927-1970 as amended by the Police Ordinance 1972. The court found that the changes were made in accordance with the Seat of Government (Administration) Act 1910-1972, and the amendments did not alter the fundamental purpose of the Police Ordinance. The court also determined that the changes to the Police Ordinance 1927-1970, as amended by the Police Ordinance 1972, appropriately addressed the issues of obtaining and accessing information regarding police determinations.

The final orders of the court affirmed the validity of the Police Ordinance (No 2) 1972 and its amendments to the Police Ordinance 1927-1970. The court upheld the changes, which included the substitution of the word "obtained" for "purchased" in section 5E, the publication of notices specifying the availability of determinations, and the repeal of section 11. The court's decision ensures that the Police Ordinance remains in line with the legislative intent and operational requirements of the police force in the ACT.