Victorian Current Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165AE

    (1)     The Premier may vary or extend a pandemic declaration if the Premier is satisfied on reasonable grounds that there continues to be a serious risk to public health arising from—

        (a)     a pandemic disease, including a disease that was a disease of pandemic potential when the pandemic declaration first came into force but is a pandemic disease at the time of the variation or extension; or

        (b)     a disease of pandemic potential, including a disease that was a pandemic disease when the pandemic declaration first came into force but is a disease of pandemic potential at the time of the variation or extension.

    (2)     Subsection (1) applies whether or not, at the time of the variation or extension, the disease is present in Victoria.

    (3)     The Premier—

        (a)     must revoke a pandemic declaration if the Premier is satisfied on reasonable grounds that there is no longer a serious risk to public health arising from a pandemic disease or a disease of pandemic potential; and

        (b)     may at any other time revoke a pandemic declaration if the Premier considers it appropriate to do so.

    (4)     The Premier must consult with, and consider the advice of, the Minister and the Chief Health Officer before varying, extending or revoking a pandemic declaration.

    (5)     There is no limit on the number of times a pandemic declaration may be extended under subsection (1), but the period of each extension must not be longer than 3 months.

    (6)     Without limiting subsection (1), a variation of a pandemic declaration may modify any pandemic management area specified in the declaration, including by extending the pandemic management area.

    (7)             A variation, extension or revocation of a pandemic declaration must be by written instrument.

    (8)     The validity of a variation or extension of a pandemic declaration is not affected by either of the following—

        (a)     the variation or extension being made on the basis that the Premier was satisfied on reasonable grounds, at the time of the variation or extension, that there was a serious risk to public health arising from a disease of pandemic potential, but the disease was a pandemic disease at that time;

        (b)         the variation or extension being made on the basis that the Premier was satisfied on reasonable grounds, at the time of the variation or extension, that there was a serious risk to public health arising from a pandemic disease, but the disease was a disease of pandemic potential at that time.

S. 165AF inserted by No. 53/2021 s. 12.