PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165AB Premier may make a pandemic declaration

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165AB

    (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.