9Revival of extinguished liability

#### 9 Revival of extinguished liability 9 Revival of extinguished liability > > (1) A liability extinguished by operation of Division 2 may be revived as provided by this section, but not if the liability is a liability of a natural person. > > > (2) The Minister may, at any time, by order published in the Gazette (a reviving order) declare that specified liability, or a specified class of liability, extinguished by operation of Division 2 is revived on a day specified in the order. That day must not be earlier than 14 days after the day on which the reviving order is published in the Gazette. > > > (3) A reviving order may not be made if the making of the order would constitute a breach by the State of the terms of the Final Funding Agreement or a Related Agreement. > > > > Note— > > > > An exercise of the power to make a reviving order in a manner that breaches the Final Funding Agreement or a Related Agreement may also render the State liable to pay damages. See Part 3 of the [James Hardie (Civil Liability) Act 2005](/view/html/inforce/current/act-2005-106). > > > (4) Any person whose liability is revived (or purportedly revived) by a reviving order (or purported reviving order) may not claim or otherwise assert in any proceedings that the order or purported order was not validly made unless the Minister is, or is subsequently joined as, a party to the proceedings. > > > (5) A reviving order operates to revive the liability concerned on the day specified by the order. > > > (6) The Minister may, by order published in the Gazette (a revoking order), revoke a reviving order on a day specified in the order. > > > (7) Without limiting subsection (6), the Minister must revoke a reviving order as soon as is reasonably practicable after the Minister becomes aware of the cessation of the breach or breaches of the Final Funding Agreement by another party to the Agreement that occasioned the reviving order. > > > (8) A revoking order may be published before, during or after the day fixed by the reviving order for the revival of the liability concerned. > > > (9) The revocation of a reviving order does not prevent publication of a further reviving order. > > > (10) More than one reviving or revoking order may be made under this section.