Human Rights Amendment Act 2001

26 Stating case for High Court
  • Section 122 of the principal Act is amended by inserting, after subsection (1), the following subsection:

    • (1A) If, in any proceedings before the Tribunal, the validity of any regulation is questioned, the Tribunal must, unless it considers that there is no arguable case in support of the contention that the regulation is invalid, either—

      • (a) state a case for the opinion of the High Court on the relevant question or questions of law; or

      • (b) if the leave of the High Court is obtained, order, under section 122A(1), that the proceedings before it or the relevant matter or matters at issue be removed to the High Court for determination.