Victorian Consolidated Legislation

Charter of Human Rights and Responsibilities Act 2006 - SECT 35

Notice to Attorney-General and Commission

35. Notice to Attorney-General and Commission



(1) A party to a proceeding must give notice in the prescribed form to the
Attorney-General and the Commission if-

   (a)  in the case of a Supreme Court or County Court proceeding, a question
        of law arises that relates to the application of this Charter or a
        question arises with respect to the interpretation of a statutory
        provision in accordance with this Charter; or

   (b)  in any case, a question is referred to the Supreme Court under section
        33.

(2) For the purpose of subsection (1), a notice is not required to be given
to-

   (a)  the Attorney-General if the State is a party to the relevant
        proceeding; or

   (b)  the Commission if the Commission is a party to the relevant
        proceeding.