Road Transport (Driver Licensing) Amendment Regulation 2011 (No 1) (ACT)

The Road Transport (Driver Licensing) Amendment Regulation 2011 (No 1) was challenged by a driver on the basis that the regulation was invalid as it purported to amend the Road Transport (General) Act 1999 without the requisite authority. The regulation was made under the authority of the Road Transport (Driver Licensing) Act 1999 and the Road Transport (General) Act 1999, but the challenger argued that the authority was insufficient as the regulation sought to amend the Road Transport (General) Act 1999. The court had to determine whether the regulation was validly made under the authority of the two Acts.

The court found that the regulation was validly made under the authority of the Road Transport (Driver Licensing) Act 1999 and the Road Transport (General) Act 1999. The court held that the regulation was within the scope of the authority granted by the Acts, as it related to driver licensing and road transport. The court also found that the regulation did not seek to amend the substantive provisions of the Road Transport (General) Act 1999, but rather sought to make technical and consequential amendments to the Road Transport (General) Regulation 2000. As such, the regulation was within the authority granted by the Acts.

The Road Transport (Driver Licensing) Amendment Regulation 2011 (No 1) was validly made under the authority of the Road Transport (Driver Licensing) Act 1999 and the Road Transport (General) Act 1999. The regulation related to driver licensing and road transport and did not seek to amend the substantive provisions of the Road Transport (General) Act 1999. The challenge to the validity of the regulation was dismissed.

No further orders were made by the court.