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CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) AND OTHER LEGISLATION AMENDMENT ACT 2023 - SECT 50M

Amendment of s 640 (Transfer of persons in watch-houses)

50M Amendment of s 640 (Transfer of persons in watch-houses)

Section 640
insert —

(2) A failure of a watch-house manager to provide procedural fairness to a child transferred under subsection (1)(a) or (b) does not affect the validity of the decision to transfer the child.
(3) For the purposes of the Human Rights Act 2019 , section 43(1), it is declared that subsection (1)(a) and (b) has effect in relation the transfer of a child—
(a) despite being incompatible with human rights; and
(b) despite anything else in the Human Rights Act 2019 .
(4) This subsection and subsections (3) and (5) expire on 31 December 2026.
(5) A regulation may postpone the expiry of this subsection and subsections (3) and (4) but can not postpone the expiry for more than 1 year after 31 December 2026.



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