92K Effect of declaration


A declaration under section 92J does not—


affect the validity, application, or enforcement of the enactment in respect of which it is given; or


prevent the continuation of the act, omission, policy, or activity that was the subject of the complaint.


If a declaration is made under section 92J and that declaration is not overturned on appeal or the time for lodging an appeal expires, the Minister for the time being responsible for the administration of the enactment must present to the House of Representatives—


a report bringing the declaration to the attention of the House of Representatives; and


a report containing advice on the Government’s response to the declaration.


The Minister referred to in subsection (2) must carry out the duties imposed on the Minister by that subsection within 120 days of the date of disposal of all appeals against the granting of the declaration or, if no appeal is lodged, the date when the time for lodging an appeal expires.

Section 92K: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).