(1) The rule - maker in relation to a legislative instrument to which section 42 (disallowance) of the Legislation Act 2003 applies must cause a statement of compatibility to be prepared in respect of that legislative instrument.
Note: The statement of compatibility must be included in the explanatory statement relating to the legislative instrument (see section 15J of the Legislation Act 2003 ).
(2) A statement of compatibility must include an assessment of whether the legislative instrument is compatible with human rights.
(3) A statement of compatibility prepared under subsection (1) is not binding on any court or tribunal.
(4) A failure to comply with this section in relation to a legislative instrument does not affect the validity, operation or enforcement of the instrument or any other provision of a law of the Commonwealth.