165AObjective of Part

165A Objective of Part (1) The objective of this Part is to protect public health and wellbeing in Victoria by establishing a regulatory framework for— (a) preventing and managing the serious risk to life, public health and wellbeing presented by the outbreak or spread of pandemics and diseases of pandemic potential; and (b) supporting proactive and responsive decision-making for the purposes of preventing and managing the outbreak or spread of pandemics and diseases of pandemic potential; and (c) ensuring that decisions made and actions taken under this Part are informed by public health advice and other relevant information including, but not limited to, advice given by the Chief Health Officer; and (d) promoting transparency and accountability in relation to decisions made and actions taken under this Part; and (e) safeguarding contact tracing information that is collected when a pandemic declaration is in force. (2) The Parliament— (a) recognises the importance of protecting human rights in managing the serious risk to life, public health and wellbeing presented by the outbreak or spread of pandemics and diseases of pandemic potential; and (b) intends that nothing in this Part displaces the operation of the Charter of Human Rights and Responsibilities; and (c) intends that the Charter of Human Rights and Responsibilities therefore applies to the following— (i) the interpretation of this Part and subordinate instruments made under this Part; (ii) acts done, and decisions made, under this Part by public authorities. Division 2—Pandemic declarations S. 165AB inserted by No. 53/2021 s. 12. 165AB Premier may make a pandemic declaration (1) The Premier may make a declaration under this subsection (a ***pandemic declaration***) if the Premier is satisfied on reasonable grounds that there is a serious risk to public health arising from— (a) a pandemic disease; or (b) a disease of pandemic potential. (2) The Premier must consult with, and consider the advice of, the Minister and the Chief Health Officer before making a pandemic declaration. (3) The Premier may make a pandemic declaration whether or not, at the time the declaration is made— (a) the pandemic disease is present in Victoria; or (b) the disease is a disease of pandemic potential that is present in Victoria— as the case requires. (4) The validity of a pandemic declaration is not affected by either of the following— (a) the pandemic declaration being made on the basis that the Premier was satisfied on reasonable grounds, at the time of making the declaration, that there was a serious risk to public health arising from a disease of pandemic potential, but the disease was a pandemic disease at that time; (b) the pandemic declaration being made on the basis that the Premier was satisfied on reasonable grounds, at the time of making the declaration, that there was a serious risk to public health arising from a pandemic disease, but the disease was a disease of pandemic potential at that time. S. 165AC inserted by No. 53/2021 s. 12. 165AC Form and content of a pandemic declaration (1) A pandemic declaration must be in writing and must specify the following— (a) the area or areas to which the declaration applies, being throughout Victoria or in one or more specified areas of Victoria; (b) the pandemic disease, or the disease of pandemic potential, to which the declaration relates; (c) the period for which the declaration continues in force, which must not exceed a period of 4 weeks but may be extended under section 165AE. (2) If, on the coming into force of a pandemic declaration, a declaration of a state of emergency will cease to be in force under section 165CH(3), the pandemic declaration must include a statement to that effect. (3) A failure to comply with subsection (2) does not affect the validity of a pandemic declaration. S. 165AD inserted by No. 53/2021 s. 12. 165AD When a pandemic declaration comes into force and ceases to be in force (1) A pandemic declaration comes into force— (a) on the day specified in the declaration and, if a time is also specified, at that time on that day; or (b) if no day is specified in the declaration, immediately upon its making. (2) A pandemic declaration continues in force until— (a) the end of the period specified in the declaration under section 165AC(1)(c) or, if the declaration is extended under section 165AE(1), the end of the period as extended; or (b) if the declaration is revoked before it ceases to be in force under paragraph (a), upon its revocation. S. 165AE inserted by No. 53/2021 s. 12. 165AE Variation, extension and revocation of a pandemic declaration (1) The Premier may vary or extend a pandemic declaration if the Premier is satisfied on reasonable grounds that there continues to be a serious risk to public health arising from— (a) a pandemic disease, including a disease that was a disease of pandemic potential when the pandemic declaration first came into force but is a pandemic disease at the time of the variation or extension; or (b) a disease of pandemic potential, including a disease that was a pandemic disease when the pandemic declaration first came into force but is a disease of pandemic potential at the time of the variation or extension. (2) Subsection (1) applies whether or not, at the time of the variation or extension, the disease is present in Victoria. (3) The Premier— (a) must revoke a pandemic declaration if the Premier is satisfied on reasonable grounds that there is no longer a serious risk to public health arising from a pandemic disease or a disease of pandemic potential; and (b) may at any other time revoke a pandemic declaration if the Premier considers it appropriate to do so. (4) The Premier must consult with, and consider the advice of, the Minister and the Chief Health Officer before varying, extending or revoking a pandemic declaration. (5) There is no limit on the number of times a pandemic declaration may be extended under subsection (1), but the period of each extension must not be longer than 3 months. (6) Without limiting subsection (1), a variation of a pandemic declaration may modify any pandemic management area specified in the declaration, including by extending the pandemic management area. (7) A variation, extension or revocation of a pandemic declaration must be by written instrument. (8) The validity of a variation or extension of a pandemic declaration is not affected by either of the following— (a) the variation or extension being made on the basis that the Premier was satisfied on reasonable grounds, at the time of the variation or extension, that there was a serious risk to public health arising from a disease of pandemic potential, but the disease was a pandemic disease at that time; (b) the variation or extension being made on the basis that the Premier was satisfied on reasonable grounds, at the time of the variation or extension, that there was a serious risk to public health arising from a pandemic disease, but the disease was a disease of pandemic potential at that time. S. 165AF inserted by No. 53/2021 s. 12. 165AF Notification of the making, variation, extension or revocation of a pandemic declaration (1) As soon as practicable after the making, variation, extension or revocation of a pandemic declaration, the Premier must cause notice of the making, variation, extension or revocation to be— (a) broadcast from a broadcasting station in Victoria; and (b) in the case of the making, variation or extension of a declaration, published with a copy of the declaration as made, varied or extended in the Government Gazette; and (c) in the case of the revocation of a declaration, published in the Government Gazette. (2) Production of a Government Gazette purporting to contain— (a) notice of the making, variation extension or revocation of a declaration under this section is evidence of that making, variation, extension or revocation; and (b) a copy of the declaration is evidence of the terms of the declaration. S. 165AG inserted by No. 53/2021 s. 12. 165AG Reporting to Parliament in relation to a pandemic declaration (1) If a pandemic declaration is made, varied, extended or revoked, the Premier must prepare a report in accordance with this section on the making, variation, extension or revocation, which must include the following— (a) a statement of the reasons for the making, variation, extension or revocation; (b) a copy of the advice of the Minister and the Chief Health Officer in respect of the making, variation, extension or revocation; (c) a summary of the matters in subsection (4) , if applicable. (2) Subject to subsection (3), if a House of the Parliament is sitting on the day after the coming into force of the pandemic declaration or the variation, extension or revocation, the Premier must cause the report to be laid before that House on that day. (3) If— (a) a House of the Parliament is not sitting on the day after the coming into force of the pandemic declaration or the variation, extension or revocation; or (b) for another reason it is not reasonably practicable for the report to be laid before that House on that day— the Premier must, within 3 business days of the coming into force of the pandemic declaration or the variation, extension or revocation, give a copy of the report to the Clerk of that House. (4) A report under subsection (1) in relation to a variation, extension or revocation of a pandemic declaration must also include a summary of the pandemic orders made, the public health risk powers and the pandemic management powers exercised and the reasons for the exercise of those powers during the period— (a) beginning when the pandemic declaration that is extended, varied or revoked first came into force; and (b) ending when the variation, extension or revocation came into force. (5) If the Clerk of either House is given a copy of the report, the Clerk must— (a) give a copy of the report to each member of the House as soon as practicable after receiving it; and (b) cause a copy of the report to be laid before the House on the next sitting day of the House. (6) A failure to comply with the requirements of this section in relation to a report in respect of the making, variation, extension or revocation of a pandemic declaration does not affect the validity of the declaration or the variation, extension or revocation, as the case requires. S. 165AH inserted by No. 53/2021 s. 12. 165AH Reports tabled when Parliament is not sitting (1) A report that is given to a Clerk of either House under section 165AG(3) is taken to have been published by order under the authority of the Parliament. (2) The publication of a report under section 165AG(3) is absolutely privileged and the provisions of sections 73 and 74 of the **Constitution Act 1975**, and of any other enactment or rule of law relating to the publication of the proceedings of the Parliament, apply to and in relation to the publication of that report as if— (a) it were a report to which those sections applied; and (b) it had been published by the Government Printer under the authority of the Parliament. Division 3—Pandemic orders S. 165AI inserted by No. 53/2021 s. 12. 165AI Minister may make a pandemic order (1) The Minister may, at any time on or after the making of a pandemic declaration, make any order (a ***pandemic order***) that the Minister believes is reasonably necessary to protect public health. (2) Without limiting subsection (1), a pandemic order may include, but is not limited to, an order— (a) that requires persons to be detained in a pandemic management area for the period specified in the order— (i) if the conditions specified in the order are satisfied; or (ii) in the circumstances specified in the order; or (b) that requires that the detention of persons in a pandemic management area be extended for the period specified in the order— (i) if the conditions specified in the order are satisfied; or (ii) in the circumstances specified in the order; or (c) that restricts movement in a pandemic management area; or (d) that requires movement in, into or from a pandemic management area; or (e) that prevents or limits entry to a pandemic management area; or (f) that prohibits or regulates gatherings whether public or private in a pandemic management area; or (g) that requires the use of personal protective equipment in a pandemic management area; or (h) that prohibits or regulates the carrying on of activities, businesses or undertakings in a pandemic management area; or (i) that requires the provision of information (including information about the identity of any person), the production of documents or the keeping of records; or (j) that requires the medical examination or testing of persons in a pandemic management area or as a condition of entry to a pandemic management area; or S. 165AI(2)(j) renumbered as s. 165AI(2)(k) by No. 39/2024 s. 118(2). (k) that requires the quarantining, destruction or other management of disease vectors in a pandemic management area. A person can be detained in the exercise of a pandemic management power: see sections 165B(1)(b) and 165BA(1)(b). Special protections apply to detention under this Part, including the right of a detained person to apply for review by a Detention Appeals Officer of the detention: see Division 6. (3) A period of detention specified in a pandemic order must not exceed the period that the Minister believes is reasonably necessary to eliminate or reduce a serious risk to public health. (4) Without limiting subsection (2)(b), the reasons for making a pandemic order that requires the extension of a period for which persons are detained may relate to a refusal or failure to comply with a requirement to undergo a medical examination or a medical test. S. 165AJ inserted by No. 53/2021 s. 12. 165AJ Pandemic order prevails over other subordinate instruments A pandemic order has effect despite anything to the contrary in any subordinate instrument, other than a subordinate instrument made under the Charter of Human Rights and Responsibilities. S. 165AK inserted by No. 53/2021 s. 12. 165AK To whom a pandemic order may apply (1) A pandemic order may be expressed to apply to the following— (a) all persons; (b) specified classes of person; (c) specified persons. (2) A pandemic order must not be expressed to apply to a single named individual. (3) Without limiting subsection (1), a pandemic order may apply to, differentiate between or vary in its application to persons or classes of person identified by one or more of the following, if such application, differentiation or variation is relevant to the serious risk to public health posed by the disease specified in the pandemic declaration to which the pandemic order relates— (a) their presence in a pandemic management area or in a particular location in a pandemic management area; (b) their participation in or presence at an event; (c) an activity that they have undertaken or are undertaking; (d) their characteristics, attributes or circumstances. **Examples** A pandemic order might— (a) differentiate between persons or classes of person on the basis of their vaccination status in relation to a pandemic disease or a disease of pandemic potential, by restricting persons who are unvaccinated from engaging in specified activities unless they are exempt from vaccination; (b) differentiate between persons or classes of person on the basis of age, if age is relevant to the risks to health posed by a pandemic disease or a disease of pandemic potential. For example, a pandemic order might limit the ability of persons or classes of person to receive visitors at, or to move within, residential care facilities. The Minister may only make a pandemic order that the Minister believes is reasonably necessary to protect public health—see section 165AI. Further, the Charter of Human Rights and Responsibilities applies to subordinate instruments under this Part. Section 165AP(2)(c) and (d) have the effect that when the Minister makes, varies or extends a pandemic order that applies to, differentiates between or varies in its application to persons or classes of person identified by reference to a matter specified in this subsection, the Minister must publish an explanation of whether, in the Minister's opinion, the order does, or does not, limit any human right set out in the Charter of Human Rights and Responsibilities, and an explanation of any limitations identified. S. 165AL inserted by No. 53/2021 s. 12. 165AL Minister must consult before making a pandemic order (1) Before making a pandemic order, the Minister must request the advice of the Chief Health Officer in relation to— (a) the serious risk to public health posed by the disease specified in the pandemic declaration to which the proposed pandemic order relates; and (b) the public health measures that the Chief Health Officer considers are necessary or appropriate to address this risk. (2) In making a pandemic order, the Minister— (a) must have regard to the advice of the Chief Health Officer (which may be given orally or in writing) about the matters referred to in subsections (1)(a) and (b); and (b) may have regard to any other matter the Minister considers relevant including, but not limited to, social and economic matters. (3) The Minister may consult any other person the Minister considers appropriate before making a pandemic order. S. 165AM inserted by No. 53/2021 s. 12. 165AM Additional matters relating to a pandemic order (1) A pandemic order must be in writing and must specify the following— (a) the day on which, and time when, it comes into force, which must not be before the time when the pandemic declaration to which it relates comes into force; (b) the period for which it continues in force; (c) that refusal or failure to comply with the order without a reasonable excuse is an offence. (2) A pandemic order may be expressed to apply in, or in relation to, the whole or a specified part of a pandemic management area. (3) A pandemic order— (a) may be of general or of specially limited application; and (b) may differ according to differences in time, place or circumstance; and (c) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or specified class of persons; and (d) may provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the pandemic order, whether unconditionally or on specified conditions, and either wholly or to such extent as is specified; and (e) may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person— (i) wholly or partially or as amended by the pandemic order; or (ii) as formulated, issued, prescribed or published at the time the pandemic order is made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time; and (f) may confer powers or impose duties in connection with the pandemic order on any specified person or specified class of persons; and (g) may make provision for and in relation to requiring a specified person or specified class of persons to obtain a permit (however described) including, but not limited to, in respect of an activity, a business, an undertaking, a gathering, or movement within or entry into an area; and (h) may make provision for and in relation to matters relating to permits (however described) including but not limited to eligibility, applications, conditions, variations and cancellation; and (i) may make provision for and in relation to matters of a transitional or saving nature including but not limited to in relation to the transition from a state of emergency after a pandemic declaration comes into force; and (j) may provide for any matter or thing incidental to the making of a pandemic order. S. 165AN inserted by No. 53/2021 s. 12. 165AN When a pandemic order comes into force and ceases to be in force (1) A pandemic order comes into force on the day and at the time specified in the order. (2) A pandemic order ceases to be in force— (a) at the end of the period specified in the order; or (b) if, before the end of that period, the order is revoked, or the pandemic declaration to which the order relates ceases to be in force, upon that revocation or cessation. S. 165AO inserted by No. 53/2021 s. 12. 165AO Variation, extension or revocation of a pandemic order (1) Subject to subsection (2), the Minister may at any time vary, extend or revoke a pandemic order under this section. (2) The Minister must request the advice of the Chief Health Officer before varying, extending or revoking a pandemic order, other than in relation to a variation for the purpose of correcting a defect, mistake or omission. (3) In varying, extending or revoking a pandemic order, the Minister— (a) must have regard to the advice of the Chief Health Officer given in response to a request under subsection (2) (which may be given orally or in writing); and (b) may have regard to any other matter the Minister considers relevant including, but not limited to, social and economic matters. (4) The Minister may consult any other person the Minister considers appropriate before varying, extending or revoking a pandemic order. S. 165AP inserted by No. 53/2021 s. 12. 165AP Publication of a pandemic order and associated documents (1) The Minister must ensure that before a pandemic order or a variation, extension or revocation of a pandemic order comes into force, a copy of the order as made, varied or extended, or of the instrument of revocation, as the case requires, is published on the Pandemic Order Register. (2) Subject to subsection (5), the Minister must ensure that within 7 days after a pandemic order or a variation, extension or revocation of a pandemic order comes into force, the following documents are published on an Internet site maintained by the Department— (a) a copy of, or a written record of, the advice given by the Chief Health Officer as mentioned in section 165AL(2)(a) or 165AO(3)(a) in relation to the making, variation, extension or revocation of the order; (b) a statement of reasons for the making, varying, extension or revocation of the order; (c) in the case of the making, variation, or extension of the order, a statement as to whether, in the opinion of the Minister, the order does or does not limit any human right set out in the Charter of Human Rights and Responsibilities; and (d) if, in the opinion of the Minister, the order as made, varied or extended does limit a human right set out in the Charter of Human Rights and Responsibilities, an explanation of— (i) the nature of the human right limited; and (ii) the importance of the purpose of the limitation; and (iii) the nature and extent of the limitation; and (iv) the relationship between the limitation and its purpose; and (v) any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve. (3) If— (a) more than one pandemic order is made, varied, extended or revoked on the same day; and (b) the Chief Health Officer's advice, the statement of reasons or the explanation applies to more than one of the orders— the advice, statement of reasons or explanation, as the case requires, is only required to be published once in relation to the orders to which it relates. (4) For the purposes of subsection (2)(a)— (a) to the extent that the Chief Health Officer's advice was given wholly or partly in writing, a copy of the written advice, or a written record of the advice, must be published; and (b) to the extent that the Chief Health Officer's advice was given wholly or partly orally, the Minister must cause a record of the advice to be prepared and endorsed by the Chief Health Officer, and a copy of the written record of the advice must be published. (5) If a variation of a pandemic order is only for the purpose of correcting a defect, mistake or omission, subsection (2) does not apply to the variation, but the Minister must ensure that within 7 days after the variation comes into force, a statement certifying that the variation is only for that purpose is published on an Internet site maintained by the Department. (6) A failure to comply with the requirements of this section does not affect the validity of the pandemic order or the variation, extension or revocation, as the case requires. S. 165AQ inserted by No. 53/2021 s. 12. 165AQ Tabling in Parliament of documents relating to a pandemic order (1) The Minister must ensure that within 4 sitting days after a pandemic order or a variation, extension or revocation of a pandemic order comes into force— (a) a copy of the pandemic order or the instrument of variation, extension or revocation, as the case requires, is laid before each House of the Parliament; and (b) a copy of each document that is required to be published under section 165AP(2) in relation to the making, variation, extension or revocation of the order is laid before each House of the Parliament. (2) A failure to comply with the requirements of this section does not affect the validity of the pandemic order or the variation, extension or revocation, as the case requires. However, the Pandemic Declaration Accountability and Oversight Committee may report on a failure to comply (see section 165AU(1)(b)), which is a precondition for disallowance under section 165AU. S. 165AR inserted by No. 53/2021 s. 12. 165AR Publication of a pandemic order in the Government Gazette After the making, variation, extension or revocation of a pandemic order, the order as made, varied or extended, or the instrument of revocation, must be published in full— (a) in the next general edition of the Government Gazette; or (b) in a special edition of the Government Gazette within 10 working days after the making, variation, extension or revocation. Division 4—Scrutiny, suspension and disallowance of pandemic orders S. 165AS inserted by No. 53/2021 s. 12. 165AS Consideration of pandemic orders by Parliament (1) The Pandemic Declaration Accountability and Oversight Committee may report to each House of Parliament if the Pandemic Declaration Accountability and Oversight Committee considers that a pandemic order or an instrument that extends, varies or revokes a pandemic order— (a) does not appear to be within the powers conferred by this Act; or (b) without clear and express authority being conferred by this Act— (i) has a retrospective effect; or (ii) imposes any tax, fee, fine, imprisonment or other penalty; or (iii) purports to shift the legal burden of proof to a person accused of an offence; or (iv) provides for the subdelegation of powers delegated by this Act; or (c) is incompatible with the human rights set out in the Charter of Human Rights and Responsibilities. (2) Subject to subsection (3), a report of the Pandemic Declaration Accountability and Oversight Committee under this section may contain such recommendations as the Pandemic Declaration Accountability and Oversight Committee considers appropriate, including a recommendation that a pandemic order or an instrument that extends, varies or revokes a pandemic order, should be— (a) disallowed in whole or in part; or (b) amended as suggested in the report. (3) The Pandemic Declaration Accountability and Oversight Committee must not recommend that a pandemic order, or an instrument that extends, varies or revokes a pandemic order, should be disallowed in whole or in part unless the Pandemic Declaration Accountability and Oversight Committee has first requested and considered the advice of the Independent Pandemic Management Advisory Committee in relation to the pandemic order concerned. S. 165AT inserted by No. 53/2021 s. 12. 165AT Suspension of pandemic order or part of a pandemic order, etc. (1) If the Pandemic Declaration Accountability and Oversight Committee— (a) proposes under section 165AS to recommend that a pandemic order, or an instrument that extends, varies or revokes a pandemic order, should be— (i) disallowed in whole or in part; or (ii) amended; and (b) is of the opinion that considerations of justice and fairness require that the operation of the pandemic order or any part of the pandemic order, or the instrument or any part of the instrument that extends, varies or revokes a pandemic order, should be suspended pending the consideration by the Parliament of the pandemic order or instrument— the Pandemic Declaration Accountability and Oversight Committee may propose in the report under section 165AS that the operation of the pandemic order or part of pandemic order, or the instrument or part of the instrument, as the case requires, be suspended. (2) If the Pandemic Declaration Accountability and Oversight Committee proposes that the operation of a pandemic order or part of a pandemic order, or an instrument or any part of an instrument that extends, varies or revokes a pandemic order, be suspended— (a) the Pandemic Declaration Accountability and Oversight Committee must forthwith send a copy of the report to the responsible Minister, the Governor in Council and the maker of the pandemic order or the instrument; and (b) subject to subsection (3), the operation of the pandemic order or part of the pandemic order or the instrument or part of the instrument, as the case requires, is suspended at the end of the period of 7 days after the sending of the report to the Governor in Council until the end of the period during which the pandemic order or part of the pandemic order or the instrument or part of the instrument, as the case requires, could be disallowed under section 165AU. (3) The Governor in Council, on the recommendation of the responsible Minister made within the period of 7 days referred to in subsection (2), may by Order published in the Government Gazette declare that the operation of the pandemic order or part of the pandemic order, or the instrument or part of the instrument, as the case requires, is not suspended. (4) As from the date on which the Order referred to in subsection (3) is published, the provision in a report of the Pandemic Declaration Accountability and Oversight Committee providing for the suspension ceases to have any force or effect. (5) While the operation of a pandemic order or part of a pandemic order, or an instrument or part of an instrument, as the case requires, is suspended under this section, the pandemic order or instrument is deemed not to have been made or to have been made without that part. S. 165AU inserted by No. 53/2021 s. 12. 165AU Disallowance of pandemic order or instrument in whole or part (1) This section applies to a pandemic order, or an instrument that extends, varies or revokes a pandemic order, if— (a) in a report under section 165AS, the Pandemic Declaration Accountability and Oversight Committee has recommended that the pandemic order or the instrument be disallowed in whole or in part; or (b) there was a failure to comply with section 165AQ and the Pandemic Declaration Accountability and Oversight Committee has reported that failure to each House of the Parliament. (2) A pandemic order or instrument to which this section applies is disallowed in whole or in part if— (a) a notice of a resolution to disallow the pandemic order or instrument is given in each House of the Parliament within whichever of the following periods applies— (i) if the pandemic order or instrument and associated documents were laid before each House of the Parliament in accordance with section 165AQ, on or before the 18th sitting day of each House after the pandemic order or instrument is laid before that House; (ii) if the pandemic order or instrument and associated documents were not laid before each House of the Parliament in accordance with section 165AQ, on or before the 24th sitting day of each House after the pandemic order or instrument is published in the Government Gazette in accordance with section 165AR; and (b) the resolution is passed by a joint sitting of the Legislative Assembly and the Legislative Council held in accordance with subsection (6) and held before the end of the period of 3 months after the giving of the notice of the resolution. (3) Notice of a resolution to disallow a pandemic order, or an instrument that extends, varies or revokes a pandemic order, may be expressed to apply to the whole or to any part of the pandemic order or instrument. (4) A resolution to disallow the whole or any part of a pandemic order, or an instrument that extends, varies or revokes a pandemic order, has effect according to its tenor. (5) If a House of the Parliament is prorogued or the Legislative Assembly is dissolved— (a) the prorogation or dissolution does not affect the power of the House to pass a resolution disallowing the whole or any part of a pandemic order, or an instrument that extends, varies or revokes a pandemic order; and (b) the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution. (6) At a joint sitting of the Legislative Assembly and the Legislative Council for the purposes of subsection (2)(b)— (a) the members have the same privileges and immunities as the members of the Legislative Assembly in relation to proceedings before that House; and (b) a question is to be decided by an absolute majority of the total number of the members of the Legislative Assembly and the Legislative Council; and (c) in the event of an equality of votes on a question, the question is to be taken to have been determined in the negative. S. 165AV inserted by No. 53/2021 s. 12. 165AV Effect of disallowance and Clerk to publish notice of disallowance (1) If a pandemic order or a part of a pandemic order is disallowed by the Parliament the order or part of the order, as the case requires is revoked and ceases to be in force on and after the time of the disallowance. (2) If an instrument that varies a pandemic order, or a part of such an instrument, is disallowed by the Parliament, the pandemic order as in force immediately before the revocation is revived, on and after the time of the disallowance, as if the variation made by the instrument or part of the instrument, as the case requires, had not been made. (3) If an instrument that extends a pandemic order is disallowed, the instrument is revoked and the pandemic order ceases to be in force on and after the time of the disallowance. (4) If an instrument that revokes a pandemic order is disallowed, the pandemic order as in force immediately before the revocation is revived on and after the time of the disallowance. (5) If a pandemic order or a part of a pandemic order, or an instrument that extends, varies or revokes a pandemic order or a part of such an instrument, is disallowed, the Clerk of the Parliaments must cause notice of the disallowance to be published in the Government Gazette. Division 5—Pandemic management powers S. 165AW inserted by No. 53/2021 s. 12. 165AW Chief Health Officer may authorise exercise of certain powers (a) a pandemic declaration is in force; and (b) the Chief Health Officer believes that it is reasonably necessary to grant an authorisation under this section to eliminate or reduce a serious risk to public health. (2) The Chief Health Officer may, for the purpose of eliminating or reducing the serious risk to public health, authorise— (a) authorised officers, or a specified class or classes of authorised officers, appointed by the Secretary to exercise any of the public health risk powers and the pandemic management powers; and (b) if specified in the authorisation, a specified class or classes of authorised officers appointed by a specified Council or specified Councils to exercise any of the public health risk powers and the pandemic management powers. (3) The Chief Health Officer may at any time revoke or vary an authorisation given under this section. S. 165AX inserted by No. 53/2021 s. 12. 165AX How may an authorisation be given? (1) An authorisation under section 165AW(2) may be given orally or in writing. (2) An authorisation given orally must be confirmed in writing as soon as reasonably practicable. (a) state that the authorisation is given under this Division; and (b) describe in general terms the serious risk to public health to which it relates; and (c) specify when the authorisation is given; and (d) specify any restrictions or limitations that apply to the exercise of any of the public health risk powers or the pandemic management powers; and (e) specify the period of time for which the authorisation continues in force. S. 165AY inserted by No. 53/2021 s. 12. 165AY Chief Health Officer may extend authorisation The Chief Health Officer may extend the period of time for which an authorisation continues in force, which must not be longer than the period for which the pandemic declaration continues in force. S. 165AZ inserted by No. 53/2021 s. 12. 165AZ Authorised officers may exercise public health risk powers and pandemic management powers Subject to section 165AX(3), an authorised officer who is authorised under section 165AW(2) may exercise any of the public health risk powers or the pandemic management powers at any time when a pandemic declaration is in force. A pandemic order prevails over a direction given by an authorised officer to the extent of any inconsistency, see section 165CQ. S. 165B inserted by No. 53/2021 s. 12. 165B Pandemic management order powers (1) The ***pandemic management order powers*** are as follows— (a) to take any action or give any direction, other than to detain a person, that the authorised officer believes is reasonably necessary to implement or give effect to a pandemic order; (b) to detain a person in a pandemic management area in accordance with a pandemic order that requires the detention of the person (including a pandemic order that requires that the detention of a person be extended). A pandemic order can require that a person be detained or that the detention of a person be extended: see section 165AI(2)(a) and (b). Special protections apply to detention under this Part, including the right of a detained person to apply for review by a Detention Appeals Officer of the detention: see Division 6. (2) Without limiting subsection (1)(a), an authorised officer may give a direction in the exercise of a pandemic management order power under that subsection that requires a person to take, or refrain from taking, any action that authorised officer believes is reasonably necessary to ensure compliance, or limit non-compliance, by the person with a pandemic order. A pandemic order that applies generally to all persons or to a person included in a specified class can be made by the Minister, see section 165AK(1). (3) An authorised officer may detain more than one person in a single exercise of a pandemic management order power under subsection (1)(b), if the detention of the persons is in accordance with a pandemic order. S. 165BA inserted by No. 53/2021 s. 12. 165BA Pandemic management general powers (1) The ***pandemic management general powers*** are as follows— (a) to take any action or give any direction, other than to detain a person, that the authorised officer believes is reasonably necessary to protect public health; (b) to detain a person in a pandemic management area for the period the authorised officer believes is reasonably necessary to eliminate or reduce a serious risk to public health. (2) Without limiting the pandemic management general powers, an authorised officer may give a written or oral direction in the exercise of a pandemic management general power— (a) that restricts movement in a pandemic management area; or (b) that requires movement in, into or from a pandemic management area; or (c) that prevents or limits entry to a pandemic management area; or (d) that requires a person to refrain from organising or participating in a gathering whether public or private in a pandemic management area; or (e) that requires the use of personal protective equipment in a pandemic management area; or (f) that requires a person to refrain from carrying on activities, businesses or undertakings, or to carry them on in a specified manner, in a pandemic management area; or (g) that requires the provision of information (including information about the identity of any person), the production of documents or the keeping of records; or (h) that requires medical examination or testing in a pandemic management area or before entering a pandemic management area; or (i) that requires the quarantining, destruction or other management of disease vectors in a pandemic management area. (3) If a direction is given orally, matters required to be specified in the direction may be stated orally. (4) An authorised officer, in the exercise of a pandemic management general power under subsection (1)(a), must not give a direction that applies to more than one person unless the direction— (a) relates to a particular event at a particular location and is given to persons participating in, or present at, that event (including, but not limited to, a direction to restrict movement, require movement or limit entry); or (b) relates to a particular activity at a particular location and is given to persons undertaking that activity (including, but not limited to, a direction to restrict movement, require movement or limit entry); or (c) is a direction to restrict movement, require movement or to limit entry, if when the direction is given the persons to whom the direction is given— (i) are located in the immediate vicinity of the authorised officer; or (ii) are present at a particular premises. (5) An authorised officer must not detain more than one person in a single exercise of a pandemic management general power under subsection (1)(b). S. 165BB inserted by No. 53/2021 s. 12. 165BB Warning before giving a direction Before exercising a pandemic management power to give a direction, the person exercising the power must, unless it is not practicable to do so, warn the person to whom the direction is given that refusal or failure to comply with the direction without a reasonable excuse is an offence. S. 165BC inserted by No. 53/2021 s. 12. 165BC Assistance (1) An authorised officer may be assisted by any person in exercising a power under an authorisation given under this Part. (2) A request for assistance by a police officer must be made to the Chief Commissioner of Police or a delegate of the Chief Commissioner of Police.