Giving copies of declaration of incompatibility
55 Giving copies of declaration of incompatibility
The Supreme Court must give a copy of a declaration of incompatibility to the Attorney-General within 7 days after—
if the period for filing an appeal in relation to the proceeding in which the declaration was made has ended without an appeal having been filed—the end of that period; or
if an appeal has been filed in relation to the proceeding and, on appeal, the declaration is upheld—the appeal has been finalised.
Example—
If the Trial Division of the Supreme Court makes a declaration of incompatibility (based on a referral of a question from QCAT) and on appeal the Court of Appeal upholds the declaration, a copy of the declaration must be given to the Attorney-General within 7 days after the Court of Appeal’s decision.
The Attorney-General must, as soon as practicable, give a copy of a declaration of incompatibility received under subsection (1) to the Minister administering the statutory provision for which the declaration was made, unless the Minister is the Attorney-General.
This Act’s bill:Explanatory memorandumSecond reading speech
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