The Government should clarify why it has chosen not to address the incompatibility of section 45 via the Proposed Order and whether the declaration of incompatibility in relation to that section is subject to appeal 43 to the Supreme Court. If it is not being appealed, it may be appropriate for the forthcoming draft remedial order to be amended to repeal the relevant aspects of section 45, in accordance with the Government’s approach to section 41. (Recommendation, Paragraph 103)