Victorian Consolidated Legislation

Subordinate Legislation Act 1994 - SECT 12A

Human rights certificate

12A. Human rights certificate



(1) The responsible Minister must ensure that a human rights certificate is
prepared in respect of a proposed statutory rule, unless the proposed
statutory rule is exempted under subsection (3).

(2) A human rights certificate must-

   (a)  certify whether, in the opinion of the responsible Minister, the
        proposed statutory rule 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 statutory rule 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 his or her opinion-

   (a)  the proposed statutory rule is a rule which relates only to a court or
        tribunal or the procedure, practice or costs of a court or tribunal;
        or

   (b)  the proposed statutory rule only-

   (i)  prescribes under section 4(1)(a) an instrument or class of instrument
        to be a statutory rule; or

   (ii) exempts under section 4(1)(b) an instrument or class of instrument
        from the operation of this Act; or

   (iii) extends under section 5(4) the operation of a statutory rule that
        would otherwise be revoked by virtue of section 5. _______________