Charter of Human Rights and Responsibilities Act 2006/Part 5

Charter of Human Rights and Responsibilities Act 2006 - SECT 44

Review of Charter after 4 years of operation

44. Review of Charter after 4 years of operation

(1) The Attorney-General must cause a review to be made of the first 4 years of operation of this Charter and must cause a copy of a report of the review to be laid before each House of Parliament on or before 1 October 2011.

(2) A review under subsection (1) must include consideration as to whether-

(a) additional human rights should be included as human rights under this Charter, including but not limited to, rights under-

(i) the International Covenant on Economic, Social and Cultural Rights; and

(ii) the Convention on the Rights of the Child; and

(iii) the Convention on the Elimination of All Forms of Discrimination against Women; and

(b) the right to self-determination should be included in this Charter; and

(c) regular auditing of public authorities to assess compliance with human rights should be made mandatory; and

(d) further provision should be made in this Charter with respect to proceedings that may be brought or remedies that may be awarded in relation to acts or decisions of public authorities made unlawful because of this Charter. Charter of Human Rights and Responsibilities Act 2006 - SECT 45

Review of Charter after 8 years of operation

45. Review of Charter after 8 years of operation

(1) The Attorney-General must cause a review to be made of the 5th to 8th years of operation of this Charter and must cause a copy of a report of the review to be laid before each House of Parliament on or before 1 October 2015.

(2) A report under subsection (1) must include a recommendation as to whether any further review of this Charter is necessary. Charter of Human Rights and Responsibilities Act 2006 - SECT 46

Regulations

46. Regulations

(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Charter to be prescribed or necessary to be prescribed to give effect to this Charter.

(2) Without limiting subsection (1), the Governor in Council may make regulations for or with respect to-

(a) prescribing entities to be public authorities for the purposes of this Charter; and

(b) prescribing entities not to be public authorities for the purposes of this Charter; and

(c) prescribing entities not to be public authorities for the purposes of this Charter when exercising certain functions; and

(d) prescribing bodies that are authorised to accredit interpreters; and

(e) prescribing forms for the purposes of this Charter.

(3) A power conferred by this Charter to make regulations may be exercised-

(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and

(b) so as to make, as respects the cases in relation to which the power is exercised-

(i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or

(ii) any such provision either unconditionally or subject to any specified condition.

(4) Regulations under this Charter may be made-

(a) so as to apply at all times or at a specified time; and

(b) so as to require matters affected by the regulations to be-

(i) in accordance with specified standards or specified requirements; or

(ii) approved by or to the satisfaction of specified persons or bodies or       specified classes of persons or bodies; or

(iii) as specified in both subparagraphs (i) and (ii); and

(c) so as to apply, adopt or incorporate any matter contained in any document whatsoever whether-

(i) wholly or partially or as amended by the regulations; or

(ii) as in force at a particular time or as in force from time to time; and

(d) so as to confer a discretionary authority or impose a duty on specified persons or bodies or specified classes of persons or bodies; and

(e) so as to provide in specified cases or classes of case for the exemption of persons or things or classes of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.

Charter of Human Rights and Responsibilities Act 2006 - SECT 48

Savings provision

48. Savings provision

Nothing in this Charter affects any law applicable to abortion or child destruction, whether before or after the commencement of Part 2. Charter of Human Rights and Responsibilities Act 2006 - SECT 49

Transitional provisions

49. Transitional provisions

(1) This Charter extends and applies to all Acts, whether passed before or after the commencement of Part 2, and to all subordinate instruments, whether made before or after that commencement.

(2) This Charter does not affect any proceedings commenced or concluded before the commencement of Part 2.

(3) Division 4 of Part 3 does not apply to any act or decision made by a public authority before the commencement of that Division.

(4) Section 33(3) as amended by item 18.3 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to a question referred under section 33(1) on or after the commencement of that item.