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HUMAN RIGHTS ACT 2019 - SECT 41
Human rights certificate for subordinate legislation
41 Human rights certificate for subordinate legislation
(1) The responsible Minister for subordinate legislation must prepare a
human rights certificate for the legislation.
(2) The human rights
certificate must state— (a) whether, in the responsible Minister’s
opinion, the subordinate legislation is compatible with human rights and, if
so, how it is compatible; and
(b) if, in the responsible Minister’s
opinion, a part of the subordinate legislation is not
compatible with human rights, the nature and extent of the incompatibility.
(3) When subordinate legislation is tabled in the Legislative Assembly, it
must be accompanied by the human rights certificate prepared under this
section for the legislation. Note— See the Statutory Instruments Act 1992 ,
section 49 for the requirement to table subordinate legislation.
(4) The
portfolio committee responsible for examining the subordinate legislation may,
in examining the legislation, also consider the human rights certificate.
(5)
In this section—
"responsible Minister" , for subordinate legislation, means the Minister who
administers the law or provision of the law under which the subordinate
legislation is made.
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