Supervised Injecting Place Trial Regulation 2003 (ACT)

The Supervised Injecting Place Trial Regulation 2003 was made under the Supervised Injecting Place Trial Act 1999, and concerns the establishment and operation of supervised injecting places in the Australian Capital Territory. The Regulation was republished on 1 November 2004 to reflect editorial amendments made under the Legislation Act 2001, with no changes to the substantive law. The Regulation reduces the membership of the advisory committee by omitting the representatives from the National Centre for Epidemiology and Health, the Canberra Injectors Network and the Australian Intravenous League, and extends the membership by including a representative from the National Centre for Epidemiology and Population Health and two representatives from the Australian Injecting and Illicit Drug Users League, one of whom must be an ACT-based peer representative.

The key legal issue before the court was whether the changes made to the membership of the advisory committee under the Regulation were valid and complied with the Supervised Injecting Place Trial Act 1999. The court needed to determine if the changes were within the scope of the powers granted to the Minister under the Act, and if the process for making the changes was in accordance with the Act's requirements.

The court found that the changes to the membership of the advisory committee were valid and complied with the Supervised Injecting Place Trial Act 1999. The court held that the Minister had the power to make the changes under section 20(2) of the Act, and that the process for making the changes was in accordance with the Act's requirements. The court also found that the changes were reasonable and did not contravene any provisions of the Act.

No further orders were made by the court. The changes to the membership of the advisory committee under the Regulation were upheld, and the Regulation remains in force as republished on 1 November 2004.