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HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986 No. 125 of 1986 - SECT 47 Declaration of international instruments

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986 No. 125 of 1986 - SECT 47

Declaration of international instruments
47. (1) The Minister may, after consulting the appropriate Minister of each
State, by writing, declare an international instrument, being-

   (a)  an instrument ratified or acceded to by Australia; or

   (b)  a declaration that has been adopted by Australia, to be an
        international instrument relating to human rights and freedoms for the
        purposes of this Act.

(2) Where the Minister makes a declaration under sub-section (1)-

   (a)  there shall be published in the Gazette-

        (i)    a copy of the international instrument;

        (ii)   a copy of Australia's instrument of ratification of or
               accession to the international instrument or of the terms of
               any explanation given by Australia of its vote in respect of
               the international instrument; and

        (iii)  a copy of the instrument of declaration under sub-section (1);
               and

   (b)  subject to sub-section (3), the declaration under sub-section (1) has
        effect on and from the date on which the copies referred to in
        paragraph (a) were published in the Gazette or, if those copies were
        published in the Gazette on different dates, on the later or latest of
        those dates.

(3) The provisions of section 48 (except paragraphs (1) (a) and (b) and
sub-section (2)) and section 49 of the Acts Interpretation Act 1901 apply, by
force of this section, to a declaration made under sub-section (1) of this
section in like manner as those provisions apply to regulations.

(4) Nothing in the provisions applied by sub-section (3) affects the operation
of a declaration made under sub-section (1) at any time before it becomes
void, or is disallowed, in accordance with those provisions.