37Legal proceedings not to be instituted

37 Legal proceedings not to be instituted

(1) Subject to subsection (4), no action or other proceeding shall be instituted or continued in any court to recover damages in respect of any loss incurred, or any damage suffered, in a Territory by reason of the release of organisms in accordance with a relevant State law. (2) Subject to subsection (4), no action or other proceeding shall be instituted or continued in any court of a Territory: (a) to prevent the release of organisms in accordance with a relevant State law; or (b) to recover damages in respect of any loss incurred, or any damage suffered, in a State by reason of the release of organisms in accordance with a relevant State law. (3) If, at the time at which prescribed organisms of a particular kind became organisms that could be released in accordance with a relevant State law, 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 of a Territory in respect of that order in so far as the order purports to restrict a person from: (a) releasing organisms of that kind in accordance with that law; or (b) doing anything to assist or further the release of organisms of that kind in accordance with that law. (4) Nothing in subsection (1) or (2) 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 organisms of a particular kind in accordance with a relevant State law 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 by virtue of which organisms of that kind became organisms that could be released in accordance with the relevant State law, the authority established by that law 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.