Section 23Part 1 — Bill of Rights, Freedoms and Responsibilities
Declaration of incompatibility
←→ Navigate · Click subsection badges to collapse · Press ? for help
If in any legal proceedings primary legislation is found to be incompatible with this Part, the court must make a declaration recording that the legislation is incompatible with the relevant section or sections of the Bill of Rights and the nature of that incompatibility.
A declaration of incompatibility made under subsection (1) shall not constitute repugnancy to this Order and shall not affect the continuation in force and operation of the legislation or section or sections in question.
In the event of a declaration of incompatibility made under subsection (1), the Legislature shall decide how to remedy the incompatibility.