Trading Hours Act 1971 (ACT)

The matter before the court involved the Trading Hours Act 1971, where the question was whether the amendment allowing the sale of certain items on Sundays was valid under the Act. The plaintiffs argued that the amendment was not within the scope of the Act as it sought to alter the trading hours beyond what was permitted. The defendants, who were authorised to sell souvenirs, art works, post cards and stationery on Sundays, contended that the amendment was a valid exercise of legislative power under the Act.

The court was required to determine the scope of the legislative power granted under the Trading Hours Act 1971 and whether the amendment to permit Sunday sales was within that scope. The court also needed to consider whether the amendment was consistent with the purpose and intent of the Act, which was to regulate trading hours in the Australian Capital Territory.

The court held that the amendment to the Trading Hours Act 1971 was a valid exercise of legislative power under the Act. The court found that the amendment was consistent with the purpose and intent of the Act, which was to regulate trading hours in the Australian Capital Territory. The court further held that the amendment did not exceed the scope of the Act and was therefore valid. The plaintiffs' argument that the amendment was not within the scope of the Act was rejected by the court.

The court made an order that the amendment to the Trading Hours Act 1971 was valid and that the sale of souvenirs, art works, post cards and stationery on Sundays was not prohibited under the Act.