Sewerage Rates (Amendment) Act 1991 (ACT)

In the case of Sewerage Rates (Amendment) Act 1991, the parties involved were the Legislative Assembly for the Australian Capital Territory and the Sewerage Authority. The dispute centred around the Sewerage Rates Act 1968 and its amendment by the Sewerage Rates (Amendment) Act 1991. The court was tasked with interpreting the legal implications of these acts and their impact on the Sewerage Authority's ability to set charges.

The key legal issue before the court was whether the Sewerage Rates (Amendment) Act 1991 effectively repealed and replaced the existing provisions in the Sewerage Rates Act 1968, particularly concerning the authority's power to determine charges. The court had to consider the legislative intent and the precise wording of the new act, especially in relation to the substitution of Section 28A.

The court found that the Sewerage Rates (Amendment) Act 1991 did indeed repeal the previous provisions and substituted new ones. The court emphasised that the new section 28A, which specifies the charge determined by the Authority, applies for the rating year specified in the determination and each subsequent rating year. This interpretation was based on a close reading of the legislative text and the context provided by the Electricity and Water (Amendment) Act (No. 2) 1991, which was also in force at the time.