Victorian Current Acts Victorian Current Acts(1) If the Pandemic Declaration Accountability and Oversight Committee—
(a) proposes under section 165AS to recommend that a pandemic order, or an instrument that extends, varies or revokes a pandemic order, should be—
(i) disallowed in whole or in part; or
(ii) amended; and
(b) is of the opinion that considerations of justice and fairness require that the operation of the pandemic order or any part of the pandemic order, or the instrument or any part of the instrument that extends, varies or revokes a pandemic order, should be suspended pending the consideration by the Parliament of the pandemic order or instrument—
the Pandemic Declaration Accountability and Oversight Committee may propose in the report under section 165AS that the operation of the pandemic order or part of pandemic order, or the instrument or part of the instrument, as the case requires, be suspended.
(2) If the Pandemic Declaration Accountability and Oversight Committee proposes that the operation of a pandemic order or part of a pandemic order, or an instrument or any part of an instrument that extends, varies or revokes a pandemic order, be suspended—
(a) the Pandemic Declaration Accountability and Oversight Committee must forthwith send a copy of the report to the responsible Minister, the Governor in Council and the maker of the pandemic order or the instrument; and
(b) subject to subsection (3), the operation of the pandemic order or part of the pandemic order or the instrument or part of the instrument, as the case requires, is suspended at the end of the period of 7 days after the sending of the report to the Governor in Council until the end of the period during which the pandemic order or part of the pandemic order or the instrument or part of the instrument, as the case requires, could be disallowed under section 165AU.
(3) The Governor in Council, on the recommendation of the responsible Minister made within the period of 7 days referred to in subsection (2), may by Order published in the Government Gazette declare that the operation of the pandemic order or part of the pandemic order, or the instrument or part of the instrument, as the case requires, is not suspended.
(4) As from the date on which the Order referred to in subsection (3) is published, the provision in a report of the Pandemic Declaration Accountability and Oversight Committee providing for the suspension ceases to have any force or effect.
(5) While the operation of a pandemic order or part of a pandemic order, or an instrument or part of an instrument, as the case requires, is suspended under this section, the pandemic order or instrument is deemed not to have been made or to have been made without that part.
S. 165AU inserted by No. 53/2021 s. 12.