105Protection of control programs

105 Protection of control programs

S. 105(1) substituted by No. 57/2003 s. 7(1).

(1) The Secretary may by order in writing certify that—

(a) an outbreak of an exotic disease exists in any part or area of Victoria; or

(b) an outbreak of an exotic disease exists in any other part or area of Australia outside Victoria and it is necessary or expedient to take action or to make any authorisation or declaration under this Act to prevent, or reduce the risk of, the spread of the disease to Victoria.

S. 105(2) amended by No. 57/2003 s. 7(2).

(2) When such an order has been made, no proceedings for an injunction, or for any order in the nature of a prerogative writ or of any other kind may be instituted or continued in any court against the Minister, the Secretary, an inspector or any other person that would stop, prevent or restrain the Minister, Secretary, inspector or other person from taking or purporting to take any action or making any declaration or authorisation under this Act in relation to or in consequence of an outbreak or suspected outbreak of an exotic disease (whether within Victoria or any other part or area of Australia referred to in an order under subsection (1)(b)).

(3) An order under this section—

(a) comes into force on the date it is signed; and

(b) must be notified in the Government Gazette within 5 days after that date.

(4) Nothing in this section prevents the institution or continuation in any court of any action or proceedings to recover damages in respect of any loss incurred or damage suffered as a result of any act or omission in the negligent exercise or purported exercise by any person of a power or authority conferred by or under this Act.