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Australia
Momcilovic v The Queen
(2011) 245 CLR 1
Key Principle
The Victorian Charter of Human Rights and Responsibilities Act 2006 s.32 requires statutes to be interpreted compatibly with Charter rights "so far as it is possible to do so consistently with their purpose", which is a reading-down rule, not a UK Human Rights Act s.3-style rights-compliant reinterpretation. Section 36 declarations of inconsistent interpretation were found compatible with Ch III of the Constitution where they do not bind future courts.
Area of Law
constitutional
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