sec.41Human rights certificate for subordinate legislation

### sec.41 Human rights certificate for subordinate legislation 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. See the Statutory Instruments Act 1992 , section 49 for the requirement to table subordinate 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— responsible Minister , for subordinate legislation, means the Minister who administers the law or provision of the law under which the subordinate legislation is made. s 41 amd 2020 No. 15 s 81B (sec.41-ssec.1) The responsible Minister for subordinate legislation must prepare a human rights certificate for the legislation. (sec.41-ssec.1A) 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. (sec.41-ssec.2) 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. (sec.41-ssec.3) 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. See the Statutory Instruments Act 1992 , section 49 for the requirement to table subordinate legislation. (sec.41-ssec.4) The portfolio committee responsible for examining the subordinate legislation may, in examining the legislation, also consider the human rights certificate. (sec.41-ssec.4A) 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. (sec.41-ssec.4B) 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. (sec.41-ssec.5) In this section— responsible Minister , for subordinate legislation, means the Minister who administers the law or provision of the law under which the subordinate legislation is made. - (a) 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 - (b) 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. - (a) 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 - (b) an instrument, other than a regulation, of a type prescribed by regulation.