3.
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2
2.
Options for limiting the effect of the Bill
What are the options for limiting the binding effect
of the Bill? Should Government alone be bound or should
other agencies (such as the ICAC, statutory corporations,
agencies of the sovereign Government) also be bound?
Is it necessary or desirable to bind public officers
in addition to the Government itself? Is it possible
to limit the effect of the Bill by reference to the
available remedies rather than the persons bound?
For example, the right to sue a private individual
might be unavailable but collateral remedies might
be possible (e.g. the exclusion of evidence, dismissal
of a private prosecution). Is it possible to bind
everyone by some articles but not by all?
materials should be discussed.
Comparative
The results of limiting the effect of the Bill
Each article of the Bill should be discussed to reveal
the impact of limiting the effect of the Bill in the
ways discussed under paragraph 2 above.
4.
Implementation of the ICCPR
If the effect of the Bill is limited in the ways
discussed, would the Bill fully implement the ICCPR?
Would "effective remedies" be provided to individuals
whose "rights" are infringed by persons not bound by
the Bill e.g. would there be a remedy against the
Government for failing to ensure that the rights were
protected?
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