Road Transport (Safety and Traffic Management) Amendment Regulation 2015 (No 2) (ACT)

The Road Transport (Safety and Traffic Management) Amendment Regulation 2015 (No 2) was challenged by the Attorney General of the Australian Capital Territory in the Supreme Court of the Australian Capital Territory. The regulation sought to amend the Road Transport (Safety and Traffic Management) Regulation 2000, specifically concerning the use of visual display units and mobile phones in motor vehicles while driving. The Attorney General argued that the regulation was invalid due to procedural errors in its making and because it conflicted with federal legislation.

The primary legal issues before the court were whether the regulation was validly made under the enabling act and whether it conflicted with federal law, specifically the Australian Road Rules. The court had to determine if the regulation was in accordance with the Road Transport (Safety and Traffic Management) Act 1999 and whether it contravened the Australian Road Rules.

The court found that the regulation was invalid due to procedural flaws in its making, specifically that it did not comply with the requirements of the Legislation Act. The court also determined that the regulation did not conflict with federal law. Despite the regulation being invalid, the court held that it did not conflict with the Australian Road Rules. However, the procedural invalidity of the regulation led to its overall invalidity.