Victorian Current Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165CM

    (1)         Subject to this section if—

        (a)     immediately before the pandemic start time, a person who would otherwise have been detained under section 200(1)(a) is not in detention because of the exercise of a discretion to not detain the person; and

        (b)     as at the pandemic start time, the reasons for not detaining the person remain applicable—

the person is presumed not to be required to be detained under a pandemic order on or after the pandemic start time.

    (2)     Nothing in subsection (1) limits the operation of a pandemic order or section 165B(1)(b) or 165BA(1)(b) in respect of the person if the reasons referred to in subsection (1) cease to be applicable.

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