Judicial Review
Comments
Upon review of the Prosecution (Legal Representation) (Amendment 7) Act 2026, it has been determined that the legislation is unconstitutional due to its failure to comply with the Common Amendment Framework established under Part 17 of the Legislation Act 2025.
Issue
The Act is titled the Prosecution (Legal Representation) (Amendment 7) Act 2026. However, an earlier amendment to the same principal Act already exists:
- #175 – Prosecution (Scheduling Reform) (Amendment 7) Act 2026
As Amendment No. 7 has already been enacted, any subsequent amendment to the Prosecution Act must be designated as Amendment 8, irrespective of the subject matter addressed by the legislation.