36Protection for exercise of functions by Minister or Director-General in connection with this Part

#### 36 Protection for exercise of functions by Minister or Director-General in connection with this Part 36 Protection for exercise of functions by Minister or Director-General in connection with this Part > > (1) This clause applies to any function of the Minister or Director-General under a protected provision concerning— > > > > > (a) the termination of an existing commercial bus service contract or an interim contract for the provision of regular bus services, or > > > > > (b) the declaration or variation of a bus service contract region or strategic transport corridor before the transitional period expiry day, or > > > > > (c) a service breach notice or the implementation of step-in arrangements. > > > (2) The exercise by the Minister or Director-General of any function to which this clause applies may not be— > > > > > (a) challenged, reviewed, quashed or called into question before any court of law or administrative review body in any proceedings, or > > > > > (b) restrained, removed or otherwise affected by any proceedings. > > > (3) Without limiting subclause (2), the protected provision and the rules of natural justice (procedural fairness), so far as they apply to the exercise of any function to which this clause applies, do not place on the Minister or Director-General any obligation enforceable in a court of law or administrative review body. > > > (4) Accordingly, no court of law or administrative review body has jurisdiction or power to consider any question involving compliance or non-compliance, by the Minister or Director-General, with those provisions or with those rules so far as they apply to the exercise of any function to which this clause applies. > > > (5) This clause does not affect the generality of clause 37. > > > (6) This clause has effect despite any provision of this or any other Act or any other law. > > > (7) In this clause— > > > > exercise of functions includes the purported exercise of functions and the non-exercise or improper exercise of functions. > > > > proceedings includes proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief. > > > > protected provision means any of the following provisions— > > > > > (a) section 28EA, > > > > > (b) section 28EB, > > > > > (c) a provision of this Part.