Human Rights Act 2019

The responsible Minister for subordinate legislation must prepare a human rights certificate for the legislation.

However, if there is more than 1 responsible Minister for the subordinate legislation, the human rights certificate for the legislation may be prepared by 1 of the responsible Ministers under the authority of the other responsible Ministers.

The human rights certificate must state—

whether, in the opinion of the Minister preparing the certificate, the subordinate legislation is compatible with human rights and, if so, how it is compatible; and

if, in the opinion of the Minister preparing the certificate, a part of the subordinate legislation is not compatible with human rights, the nature and extent of the incompatibility.

When subordinate legislation is tabled in the Legislative Assembly, it must be accompanied by the human rights certificate prepared under this section for the legislation.

The portfolio committee responsible for examining the subordinate legislation may, in examining the legislation, also consider the human rights certificate.

This section does not apply in relation to subordinate legislation that is—

a proclamation or other instrument that fixes a single day for the commencement of all of the provisions of an Act that are not in force; or

an instrument, other than a regulation, of a type prescribed by regulation.

The Minister may recommend to the Governor in Council the making of a regulation under subsection (4A)(b) only if the Minister is satisfied an instrument of that type will not directly or indirectly limit a human right.

In this section—