sec.53Declaration of incompatibility

### sec.53 Declaration of incompatibility This section applies if— in a proceeding in the Supreme Court a question of law arises that relates to the application of this Act or a question arises in relation to the interpretation of a statutory provision in accordance with this Act; or a question is referred to the Supreme Court under section 49 ; or an appeal before the Court of Appeal relates to a question mentioned in paragraph (a) . The Supreme Court may, in a proceeding, make a declaration (a declaration of incompatibility ) to the effect that the court is of the opinion that a statutory provision can not be interpreted in a way compatible with human rights. However, the Supreme Court can not make a declaration of incompatibility about a statutory provision if an override declaration is in force in relation to the provision. If the Supreme Court is considering making a declaration of incompatibility, the court must give notice of that fact in the approved form to the Attorney-General and the commission. The Supreme Court must not make a declaration of incompatibility unless the court is satisfied— a notice has been given to the Attorney-General and the commission under subsection (4) ; and a reasonable opportunity has been given to the Attorney-General and the commission to intervene in the proceeding or to make submissions about the proposed declaration. For the Supreme Court of Queensland Act 1991 , section 62 , a declaration of incompatibility is taken to be an order of the court in the Trial Division. (sec.53-ssec.1) This section applies if— in a proceeding in the Supreme Court a question of law arises that relates to the application of this Act or a question arises in relation to the interpretation of a statutory provision in accordance with this Act; or a question is referred to the Supreme Court under section 49 ; or an appeal before the Court of Appeal relates to a question mentioned in paragraph (a) . (sec.53-ssec.2) The Supreme Court may, in a proceeding, make a declaration (a declaration of incompatibility ) to the effect that the court is of the opinion that a statutory provision can not be interpreted in a way compatible with human rights. (sec.53-ssec.3) However, the Supreme Court can not make a declaration of incompatibility about a statutory provision if an override declaration is in force in relation to the provision. (sec.53-ssec.4) If the Supreme Court is considering making a declaration of incompatibility, the court must give notice of that fact in the approved form to the Attorney-General and the commission. (sec.53-ssec.5) The Supreme Court must not make a declaration of incompatibility unless the court is satisfied— a notice has been given to the Attorney-General and the commission under subsection (4) ; and a reasonable opportunity has been given to the Attorney-General and the commission to intervene in the proceeding or to make submissions about the proposed declaration. (sec.53-ssec.6) For the Supreme Court of Queensland Act 1991 , section 62 , a declaration of incompatibility is taken to be an order of the court in the Trial Division. - (a) in a proceeding in the Supreme Court a question of law arises that relates to the application of this Act or a question arises in relation to the interpretation of a statutory provision in accordance with this Act; or - (b) a question is referred to the Supreme Court under section 49 ; or - (c) an appeal before the Court of Appeal relates to a question mentioned in paragraph (a) . - (a) a notice has been given to the Attorney-General and the commission under subsection (4) ; and - (b) a reasonable opportunity has been given to the Attorney-General and the commission to intervene in the proceeding or to make submissions about the proposed declaration.