36No legal proceedings to be instituted in respect of release of agent organisms

36 No legal proceedings to be instituted in respect of release of agent organisms

(1) Subject to subsection (3), no action or other proceeding shall be instituted or continued in any court: (a) to prevent the release of agent organisms in accordance with section 35; (b) to recover damages in respect of any loss incurred, or any damage suffered, in a Territory by reason of the release of agent organisms in accordance with that section; or (c) to recover damages in respect of any loss incurred, or any damage suffered, in a State by reason of the release of agent organisms in accordance with that section. (2) If, at the time at which organisms of a particular kind were declared under section 29, 30, 31 or 34 to be agent organisms, there was in force an order of a court relating to the release of organisms of that kind, no action or other proceeding shall be instituted or continued in any court in respect of that order in so far as the order purports to prohibit a person from: (a) releasing organisms of that kind in the Australian Capital Territory in accordance with section 35; or (b) doing anything to assist or further the release of organisms of that kind in that Territory in accordance with section 35. (3) Nothing in subsection (1) prevents the institution or continuation in any court of an action or other proceeding to recover damages in respect of any loss incurred, or any damage suffered, by reason of the release of agent organisms of a particular kind in accordance with section 35 where: (a) the loss incurred or the damage suffered was the result of the release having had a significant effect on other organisms; (b) at the time of the release, the persons in Australia having a reputation for special knowledge of the biology of organisms of that kind knew, or had reasonable grounds to expect, that such a release could have such an effect; and (c) in making the declaration declaring organisms of that kind to be agent organisms, the Authority did not take into account (whether because of the state of scientific knowledge or otherwise) the factor that such a release could have such an effect.