Road Transport (Alcohol and Drugs) Amendment Regulation 2013 (No 1) (ACT)

The Road Transport (Alcohol and Drugs) Amendment Regulation 2013 (No 1) involved a challenge to the validity of the regulation made under the Road Transport (Alcohol and Drugs) Act 1977 by the Australian Capital Territory Executive. The case was heard by the Supreme Court of the Australian Capital Territory, where the primary issue was whether the regulation, which added the Alcolizer 5 Series device to the list of approved breath testing devices, was validly made. The challenge was brought by a party who argued that the regulation was beyond the power of the Executive to enact and thus invalid.

The legal issues before the court centred on the interpretation of the enabling Act and whether the addition of the Alcolizer 5 Series device to the list of approved devices fell within the scope of the powers granted to the Executive. The court had to consider whether the amendment was consistent with the legislative framework and whether there was any procedural irregularity in the making of the regulation. It also needed to determine if the regulation adhered to the requirements of the Legislation Act.

The Supreme Court held that the Road Transport (Alcohol and Drugs) Amendment Regulation 2013 (No 1) was validly made. The court found that the addition of the Alcolizer 5 Series device to the list of approved devices was within the powers granted by the enabling Act. The regulation was deemed to be consistent with the legislative framework, and there were no procedural irregularities in its making. The court also confirmed that the regulation complied with the requirements of the Legislation Act. Consequently, the challenge to the validity of the regulation was dismissed.

The final orders of the court were that the challenge to the regulation was dismissed, and the Road Transport (Alcohol and Drugs) Amendment Regulation 2013 (No 1) was upheld as valid.