Surveyors (Amendment) Act 1976 (ACT)

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AGLC Case Decision Date
Surveyors (Amendment) Act 1976 (ACT)

CaseChat Overview and Summary

The Surveyors (Amendment) Ordinance 1976 was made by the Governor-General of the Commonwealth of Australia under the Seat of Government (Administration) Act 1910. The Ordinance amends the Surveyors Ordinance 1967, which was itself an amendment to the Surveyors Ordinance 1967. The Ordinance was made with the advice of the Federal Executive Council, and the Minister of State for the Capital Territory authorised the publication of the Ordinance.

The legal issues in the case related to the validity of the Ordinance and the extent to which the Governor-General had the power to amend the Surveyors Ordinance 1967. The court had to consider whether the Ordinance was consistent with the Seat of Government (Administration) Act 1910 and whether the Governor-General had the power to make an Ordinance that amended an existing Ordinance.

The court found that the Ordinance was valid and that the Governor-General had the power to make an Ordinance that amended an existing Ordinance. The court held that the Seat of Government (Administration) Act 1910 gave the Governor-General the power to make Ordinances for the peace, order and good government of the Capital Territory, and that this power included the power to amend existing Ordinances. The court also held that the Ordinance was consistent with the Act, as it was made with the advice of the Federal Executive Council and was notified in the Australian Government Gazette.

The final orders of the court were that the Surveyors (Amendment) Ordinance 1976 was valid and that the Governor-General had the power to make an Ordinance that amended an existing Ordinance. The court also held that the Ordinance was consistent with the Seat of Government (Administration) Act 1910.
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Areas of Law

  • Statutory Interpretation

Legal Concepts

  • Legitimate Expectation

  • Statutory Construction

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