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Part 2—Operation of Bill of Rights

Part 2 Operation of Bill of Rights

   

10   Application of Bill of Rights

             (1)  Subject to subsection (2), any law, whether passed or made before, on or after the commencing day of this Act, that is inconsistent with this Act does not, to the extent of the inconsistency, have any force or effect.

             (2)  Subsection (1) does not apply in relation to a Commonwealth, State or Territory law if an Act expressly declares that law operates notwithstanding this Act.

             (3)  A declaration made under subsection (2) ceases to have effect 2 years after it comes into force or on such earlier date as may be specified in the declaration.

             (4)  The Parliament of the Commonwealth, a State or a Territory may re-enact a declaration made under subsection (2).

             (5)  Subsection (3) applies in respect of a re-enactment made under subsection (4).

11   Interpretation of legislation

             (1)  Notwithstanding anything in any other law relating to the construction or interpretation of legislation, in the interpretation of:

                     (a)  a provision of a Commonwealth enactment; or

                     (b)  a provision of a State enactment; or

                     (c)  a provision of a Territory enactment;

a construction of the provision that would result in the enactment not being inconsistent with the Bill of Rights, or that would further the objects of this Act, will be preferred to any other construction.

             (2)  Without limiting the generality of subsection (1), in the interpretation of:

                     (a)  an Act that authorises the making of an instrument (including a Territory enactment but not including an enactment of the Australian Capital Territory or of the Northern Territory); or

                     (b)  a Territory enactment that authorises the making of an instrument;

a construction that would result in the Act or Territory enactment not authorising the making of an instrument that would be inconsistent with the Bill of Rights will be preferred to any other construction.

12   No civil or criminal liability under Bill of Rights

             (1)  Nothing in the Bill of Rights renders any individual liable to any civil proceedings in respect of the doing of an act that infringes a right or freedom set out in the Bill of Rights.

             (2)  Nothing in this Act renders any person liable to any criminal proceedings in respect of the doing of an act that infringes a right or freedom set out in the Bill of Rights.