Override by Parliament
43 Override by Parliament
Parliament may expressly declare in an Act that the Act or another Act, or a provision of the Act or another Act, has effect despite being incompatible with 1 or more human rights or despite anything else in this Act.
A declaration under subsection (1) is an override declaration.
If an override declaration is made in relation to an Act or a provision of an Act, the declaration extends to a statutory instrument made under the Act or provision.
It is the intention of Parliament that an override declaration will only be made in exceptional circumstances.Examples of exceptional circumstances—
war, a state of emergency, an exceptional crisis situation constituting a threat to public safety, health or order
This Act’s bill:Explanatory memorandumSecond reading speech
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