Public Health (Barbers’ Shops) Regulations (ACT)

The Public Health (Barbers' Shops) Regulations were made by the Minister of State for Health under the Public Health Ordinance 1928-1951. The Regulations establish requirements for the registration of barber's shops, the maintenance of sanitary conditions, the disinfection of appliances, and precautions to be taken when a customer or barber is suffering from a contagious disease. The Regulations were challenged on the grounds that they were invalid as they had not been approved by the Legislative Council of the Australian Capital Territory. The court had to decide whether the Regulations were validly made under the Public Health Ordinance and whether they had been properly approved by the Legislative Council.

The court held that the Regulations were validly made under the Public Health Ordinance as they were within the scope of the powers conferred by the Ordinance. The Regulations were made for the purpose of promoting public health and were necessary to ensure that barber's shops were operated in a hygienic manner. The Regulations were also within the scope of the powers conferred by the Ordinance as they dealt with the registration of barber's shops, the maintenance of sanitary conditions, the disinfection of appliances, and precautions to be taken when a customer or barber was suffering from a contagious disease. The Regulations were also held to be valid as they were not inconsistent with the Public Health Ordinance.

The court further held that the Regulations had been properly approved by the Legislative Council as they had been made in accordance with the procedures set out in the Public Health Ordinance. The Regulations were published in the Commonwealth Gazette and had been in operation for a period of one month before they were challenged. The Regulations were also held to be valid as they had been made in the exercise of the powers conferred by the Public Health Ordinance and were not inconsistent with any other law.

The Regulations were held to be valid and were not quashed. The Regulations continue to apply to barber's shops in the Australian Capital Territory.