Australian Capital Territory Numbered Acts

HUMAN RIGHTS AMENDMENT ACT 2008 (NO. 3 OF 2008) - SECT 6

substitute

34     Notice to Attorney-General and commission

    (1)     This section applies—

        (a)     if—

              (i)     a question arises in a proceeding in the Supreme Court that involves the application of this Act; or

              (ii)     the Supreme Court is considering making a declaration of incompatibility in a proceeding; and

        (b)     the Territory is not a party to the proceeding.

    (2)     The Supreme Court must not allow the proceeding to continue or make the declaration unless the court is satisfied that—

        (a)     notice of the proceeding has been given to the Attorney-General and the commission; and

        (b)     a reasonable time has passed since the giving of the notice for the Attorney-General and the commission to decide whether to intervene in the proceeding.

    (3)     For subsection (2), the Supreme Court may—

        (a)     direct a party to give notice of the proceeding to the Attorney-General and the commission; and

        (b)     continue to hear evidence and argument concerning matters severable from any matter involving the application of this Act.

    (4)     Subsection (2) does not prevent the Supreme Court from hearing and deciding a proceeding, to the extent that the proceeding relates to the grant of urgent relief of an interlocutory nature, if the court considers it necessary in the interests of justice.