Police Offences (Amendment) Act 1991 (ACT)

In the matter of the Police Offences (Amendment) Act 1991, the Australian Capital Territory Supreme Court was tasked with interpreting the cessation of operation of section 35 of the Principal Act, as amended by this Act. The case arose from a dispute regarding the continued application of section 35, which was previously amended to cease its operation on a specific date. The core issue before the court was whether the cessation of section 35 was effective as written, or if there was a legislative oversight that needed correction to align with the intent of the amendment.

The court was required to determine if the amendment to section 4 of the Principal Act, which referenced section 35, accurately reflected the cessation of section 35's operation. The central legal question was whether the substitution of "4" for "2" in section 4 was sufficient to clearly communicate the cessation of section 35, or if there was ambiguity that needed judicial resolution. Additionally, the court needed to assess if there were any implications for the application of section 35 before and after the amendment.

In delivering the judgment, the court meticulously examined the language of the amendment and the legislative history. It concluded that the substitution of "4" for "2" in section 4 was indeed intended to reflect the cessation of section 35's operation, despite the apparent typographical error. The court found that the legislative intent was clear and that the amendment was effective as written, leading to the cessation of section 35's operation on the specified date. The court's reasoning was grounded in the need to uphold the intent of the legislature and the principle of statutory interpretation that favours clarity and effectiveness in legislative amendments.

The final orders of the court confirmed the cessation of section 35's operation as amended, and it directed that the amendment to section 4 was correctly made, effectively communicating the cessation as intended by the legislature.