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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165AS

Consideration of pandemic orders by Parliament

    (1)     The Pandemic Declaration Accountability and Oversight Committee may report to each House of Parliament if the Pandemic Declaration Accountability and Oversight Committee considers that a pandemic order or an instrument that extends, varies or revokes a pandemic order—

        (a)     does not appear to be within the powers conferred by this Act; or

        (b)     without clear and express authority being conferred by this Act—

              (i)     has a retrospective effect; or

              (ii)     imposes any tax, fee, fine, imprisonment or other penalty; or

              (iii)     purports to shift the legal burden of proof to a person accused of an offence; or

              (iv)     provides for the subdelegation of powers delegated by this Act; or

        (c)     is incompatible with the human rights set out in the Charter of Human Rights and Responsibilities.

    (2)     Subject to subsection (3), a report of the Pandemic Declaration Accountability and Oversight Committee under this section may contain such recommendations as the Pandemic Declaration Accountability and Oversight Committee considers appropriate, including a recommendation that a pandemic order or an instrument that extends, varies or revokes a pandemic order, should be—

        (a)     disallowed in whole or in part; or

        (b)     amended as suggested in the report.

    (3)     The Pandemic Declaration Accountability and Oversight Committee must not recommend that a pandemic order, or an instrument that extends, varies or revokes a pandemic order, should be disallowed in whole or in part unless the Pandemic Declaration Accountability and Oversight Committee has first requested and considered the advice of the Independent Pandemic Management Advisory Committee in relation to the pandemic order concerned.

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



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