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HUMAN RIGHTS ACT 2019 - SECT 43
Override by Parliament
43 Override by Parliament
(1) Parliament may expressly declare in an Act that the Act or another Act, or
a provision of the Act or another Act, has effect despite being incompatible
with 1 or more human rights or despite anything else in this Act.
(2) A
declaration under subsection (1) is an
"override declaration" .
(3) If an override declaration is made in relation
to an Act or a provision of an Act, the declaration extends to a statutory
instrument made under the Act or provision.
(4) It is the intention of
Parliament that an override declaration will only be made in exceptional
circumstances. Examples of exceptional circumstances— war, a state of
emergency, an exceptional crisis situation constituting a threat to public
safety, health or order
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