Queensland Numbered Acts

HUMAN RIGHTS ACT 2019 - SECT 45

45 Effect and expiry of override declaration

(1) If an override declaration is made in relation to an Act or a provision of an Act, this Act does not apply to the Act or provision to the extent of the declaration while the declaration is in force.

Note—

If this Act does not apply to an Act or provision of an Act for which an override declaration has been made, the Supreme Court can not make a declaration of incompatibility in relation to the Act or provision (see section 53 (3) ). Also, the requirement under section 48 to interpret the Act or provision in a way that is compatible with human rights does not apply (see section 48 (5) ).

(2) A provision of an Act containing an override declaration expires 5 years after the day on which the provision commences or on an earlier day stated in the Act .