Human Rights Amendment Act 2008 (ACT)

Human Rights Amendment Act 2008

A2008-3

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended  2

4. Human rights may be limited

   
   

   New section 28 (2)  2

5. Section 30  3

6. Section 34  3

7. New part 5A  4

8. Dictionary, note 2, new dot point  8

9. Dictionary, new definitions  8

Human Rights Amendment Act 2008

A2008-3

An Act to amend the Human Rights Act 2004

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Human Rights Amendment Act 2008.

2. Commencement

   (1)Sections 7, 8 and 9 commence on 1 January 2009.

   (2)The remaining provisions commence on the day after this Act’s notification day.

   Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

3. Legislation amended

   This Act amends the Human Rights Act 2004.

4. Human rights may be limited
   New section 28 (2)

   insert

   (2)In deciding whether a limit is reasonable, all relevant factors must be considered, including the following:

   (a)the nature of the right affected;

   (b)the importance of the purpose of the limitation;

   (c)the nature and extent of the limitation;

   (d)the relationship between the limitation and its purpose;

   (e)any less restrictive means reasonably available to achieve the purpose the limitation seeks to achieve.

5. Section 30

   substitute

6. Interpretation of laws and human rights

   So far as it is possible to do so consistently with its purpose, a Territory law must be interpreted in a way that is compatible with human rights.

7. Section 34

   substitute

8. Notice to Attorney-General and commission

   (1)This section applies—

   (a)if—

   (i)a question arises in a proceeding in the Supreme Court that involves the application of this Act; or

   (ii)the Supreme Court is considering making a declaration of incompatibility in a proceeding; and

   (b)the Territory is not a party to the proceeding.

   (2)The Supreme Court must not allow the proceeding to continue or make the declaration unless the court is satisfied that—

   (a)notice of the proceeding has been given to the Attorney‑General and the commission; and

   (b)a reasonable time has passed since the giving of the notice for the Attorney-General and the commission to decide whether to intervene in the proceeding.

   (3)For subsection (2), the Supreme Court may—

   (a)direct a party to give notice of the proceeding to the Attorney‑General and the commission; and

   (b)continue to hear evidence and argument concerning matters severable from any matter involving the application of this Act.

   (4)Subsection (2) does not prevent the Supreme Court from hearing and deciding a proceeding, to the extent that the proceeding relates to the grant of urgent relief of an interlocutory nature, if the court considers it necessary in the interests of justice.

9. New part 5A

   insert

Part 5AObligations of public authorities

1. Meaning of public authority

   (1)Each of the following is a public authority:

   (a)an administrative unit;

   (b)a territory…