Victorian Current Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165AU

    (1)     This section applies to a pandemic order, or an instrument that extends, varies or revokes a pandemic order, if—

        (a)     in a report under section 165AS, the Pandemic Declaration Accountability and Oversight Committee has recommended that the pandemic order or the instrument be disallowed in whole or in part; or

        (b)     there was a failure to comply with section 165AQ and the Pandemic Declaration Accountability and Oversight Committee has reported that failure to each House of the Parliament.

    (2)     A pandemic order or instrument to which this section applies is disallowed in whole or in part if—

        (a)     a notice of a resolution to disallow the pandemic order or instrument is given in each House of the Parliament within whichever of the following periods applies—

              (i)     if the pandemic order or instrument and associated documents were laid before each House of the Parliament in accordance with section 165AQ, on or before the 18th sitting day of each House after the pandemic order or instrument is laid before that House;

              (ii)     if the pandemic order or instrument and associated documents were not laid before each House of the Parliament in accordance with section 165AQ, on or before the 24th sitting day of each House after the pandemic order or instrument is published in the Government Gazette in accordance with section 165AR; and

        (b)     the resolution is passed by a joint sitting of the Legislative Assembly and the Legislative Council held in accordance with subsection (6) and held before the end of the period of 3 months after the giving of the notice of the resolution.

    (3)     Notice of a resolution to disallow a pandemic order, or an instrument that extends, varies or revokes a pandemic order, may be expressed to apply to the whole or to any part of the pandemic order or instrument.

    (4)     A resolution to disallow the whole or any part of a pandemic order, or an instrument that extends, varies or revokes a pandemic order, has effect according to its tenor.

    (5)     If a House of the Parliament is prorogued or the Legislative Assembly is dissolved—

        (a)     the prorogation or dissolution does not affect the power of the House to pass a resolution disallowing the whole or any part of a pandemic order, or an instrument that extends, varies or revokes a pandemic order; and

        (b)     the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution.

    (6)     At a joint sitting of the Legislative Assembly and the Legislative Council for the purposes of subsection (2)(b)—

        (a)     the members have the same privileges and immunities as the members of the Legislative Assembly in relation to proceedings before that House; and

        (b)     a question is to be decided by an absolute majority of the total number of the members of the Legislative Assembly and the Legislative Council; and

        (c)     in the event of an equality of votes on a question, the question is to be taken to have been determined in the negative.

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