Australian Capital Territory Current Acts

HUMAN RIGHTS ACT 2004 - SECT 32

    (1)     This section applies if—

        (a)     a proceeding is being heard by the Supreme Court; and

        (b)     an issue arises in the proceeding about whether a Territory law is consistent with a human right.

    (2)     If the Supreme Court is satisfied that the territory law is not consistent with the human right, the court may declare that the law is not consistent with the human right (the declaration of incompatibility ).

    (3)     The declaration of incompatibility does not affect—

        (a)     the validity, operation or enforcement of the law; or

        (b)     the rights or obligations of anyone.

    (4)     The registrar of the Supreme Court must promptly give a copy of the declaration of incompatibility to the Attorney-General.