Statutory Appointments Act 1994 (ACT)

The case involves the Statutory Appointments Act 1994, which was repealed by the Legislation Amendment Act 2002. The court was tasked with interpreting the provisions of the repealed Act, specifically concerning the appointment of individuals to statutory offices and the consultation requirements with the Legislative Assembly. The key legal issue revolved around the application of the Act's consultation provisions to appointments made prior to certain amendments.

The court examined the language of the Act and its amendments to determine whether the consultation requirements applied to appointments made before the commencement of specific amendments. It was established that the Act did not apply retroactively to appointments made prior to the commencement of the Statutory Appointments (Amendment) Act 1997. Therefore, the consultation requirements did not apply to appointments made before that date.

The court concluded that the repealed Act's consultation provisions did not apply to appointments made before the Statutory Appointments (Amendment) Act 1997 came into effect. This decision was based on a clear reading of the legislative history and the intent of the amendments.

As a result, the court's ruling affirmed that the consultation requirements of the Statutory Appointments Act 1994 did not apply to appointments made prior to the commencement of the Statutory Appointments (Amendment) Act 1997.