The Ministry of Justice is responsible for scrutinising proposed legislation to look at whether it meets BORA requirements. We advise the Attorney-General whether all Bills (with the exception of appropriation Bills, which are not scrutinised, and Bills developed by the Ministry of Justice, which are vetted by the Crown Law Office) are consistent with the Act. If the Attorney-General agrees, they must notify the House of Representatives, under Section 7 of the Act.
Section 7 reports are not binding. Parliament may form a different view about whether a particular right or freedom is limited or whether the limitation is justified. If it does, the section 7 reports help ensure Parliament makes such decisions are with full knowledge and proper consideration of the issues.
The Attorney-General doesn’t have to notify the House of Representatives when a Bill appears to be consistent with the Act.
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