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HUMAN RIGHTS (PARLIAMENTARY SCRUTINY) ACT 2011 - SECT 9 Statements of compatibility in relation to certain legislative instruments

HUMAN RIGHTS (PARLIAMENTARY SCRUTINY) ACT 2011 - SECT 9

Statements of compatibility in relation to certain legislative instruments

  (1)   The rule - maker in relation to a legislative instrument to which section   42 (disallowance) of the Legislation Act 2003 applies must cause a statement of compatibility to be prepared in respect of that legislative instrument.

Note:   The statement of compatibility must be included in the explanatory statement relating to the legislative instrument (see section   15J of the Legislation Act 2003 ).

  (2)   A statement of compatibility must include an assessment of whether the legislative instrument is compatible with human rights.

  (3)   A statement of compatibility prepared under subsection   ( 1) is not binding on any court or tribunal.

  (4)   A failure to comply with this section in relation to a legislative instrument does not affect the validity, operation or enforcement of the instrument or any other provision of a law of the Commonwealth.