(1) The responsible Minister must ensure that a human rights certificate is prepared in respect of a proposed legislative instrument unless the proposed legislative instrument is exempted under subsection (3).
(2) A human rights certificate for a legislative instrument must—
(a) certify whether, in the opinion of the responsible Minister, the proposed legislative instrument does or does not limit any human right set out in the Charter of Human Rights and Responsibilities; and
(b) if it certifies that, in the opinion of the responsible Minister, the proposed legislative instrument does limit a human right set out in the Charter of Human Rights and Responsibilities, set out—
(i) the nature of the human right limited; and
(ii) the importance of the purpose of the limitation; and
(iii) the nature and extent of the limitation; and
(iv) the relationship between the limitation and its purpose; and
(v) any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve.
(3) Subsection (1) does not apply if the responsible Minister certifies in writing that, in the Minister's opinion, the proposed legislative instrument is of not more than 12 months duration and is necessary to respond to—
(a) a public emergency; or
(b) an urgent public health issue or an urgent public safety issue; or
(c) likely or actual significant damage to the environment, resource sustainability or the economy.
S. 12E inserted by No. 78/2010 s. 30.