158Certain actions not open to challenge

158 Certain actions not open to challenge (1) This section applies to— (a) any decision or purported decision made or purportedly made by or on behalf of the State or a Minister in, or in relation to— (i) the implementation or purported implementation of any recommendation made in the report of the Royal Commission into the Casino Operator and Licence; or (ii) the preparation and introduction into Parliament of the Bill for the **Casino and Gambling Legislation Amendment Act 2021**; or (b) the making or purported making of, or the failure to make, a determination by the Commission under section 36H(2). (2) A decision, purported decision, determination, purported determination or failure to which this section applies is not liable to be challenged, appealed against, reviewed, quashed or called in question in any court or tribunal on any account or before any person acting judicially within the meaning of the **Evidence (Miscellaneous Provisions) Act 1958**. (3) Without limiting subsection (2), no proceedings— (a) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration or an injunction; or (b) seeking any order under the **Administrative Law Act 1978**— may be brought against the State, a Minister or the Commission in respect of a decision, purported decision, determination, purported determination or failure to which this section applies. (4) Subsection (2) or (3) does not apply to a matter or thing to the extent (if any) that is necessary to avoid that subsection or any part of it— (a) applying to the matter or thing inconsistently with a law of the Commonwealth; or (b) not being valid for any other reason. (5) If, despite subsection (4), any part of subsection (2) or (3) is not valid for any reason, the rest of subsections (2) and (3) is to be regarded as divisible from, and capable of operating independently of the part that is not valid. S. 159 amended by No. 88/2000 s. 53, repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 131), new s. 159 inserted by No. 54/2021 s. 26.