Queensland Numbered Acts

CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) AND OTHER LEGISLATION AMENDMENT ACT 2023 - SECT 73

73 Amendment of s 262 (Establishment of detention centres and other places)

Section 262 —
insert —

(2) For the purposes of the Human Rights Act 2019 , section 43(1), it is declared that subsection (1) has effect—

(a) despite being incompatible with human rights; and

(b) despite anything else in the Human Rights Act 2019 .

(3) Despite the Human Rights Act 2019 , section 43(3), subsection (2) does not apply to a regulation made under subsection (1)—

(a) before 23 August 2023; or

(b) that declares subsection (2) does not apply to the regulation.

(4) Before recommending to the Governor in Council the making of a regulation under subsection (1) to which subsection (2) applies and that establishes a detention centre, the Minister must have regard to whether the establishment of the detention centre would be compatible with human rights.

(5) To remove any doubt, it is declared that—

(a) subsection (4) does not require the Minister to comply with the Human Rights Act 2019 , section 58; and

(b) a failure to comply with subsection (4) does not affect the validity of the regulation.

(6) A regulation made under subsection (1) to which subsection (2) applies expires when subsection (2) expires.

(7) This subsection and subsections (2) to (6) and (8) expire on 31 December 2026.

(8) A regulation may postpone the expiry of this subsection and subsections (2) to (7) but can not postpone the expiry for more than 1 year after 31 December 2026.