(1) The COVID-19 Direction Accountability and Oversight Committee may report to each House of Parliament if the Committee considers that a relevant COVID-19 direction—
(a) does not appear to be within the powers conferred by the Act under which the direction was made; or
(b) without clear and express authority being conferred by the Act under which the direction was made—
(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 the Act under which the direction was made.
(2) A report of the COVID-19 Direction Accountability and Oversight Committee under this section may contain such recommendations as the Committee considers appropriate.
15T—Disallowance of relevant COVID-19 direction
(1) Subject to this section, if—
(a) a relevant COVID-19 direction has been laid before each House of Parliament in accordance with section 15U; or
(b) there was a failure to comply with section 15U in relation to a relevant COVID-19 direction and the Committee has reported that failure to each House of the Parliament, the relevant COVID-19 direction may be disallowed by resolution of either House of Parliament and will cease to have effect.
(2) A resolution is not effective for the purposes of subsection (1) unless—
(a) in the case of a relevant COVID-19 direction that has been laid before the House in accordance with section 15U—the resolution is passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the direction was laid before the House;
or
(b) in the case of a relevant COVID-19 direction that has been the subject of a report by the COVID-19 Direction Accountability and Oversight Committee under subsection (1)(b)—the resolution is passed in pursuance of a notice of motion given within 6 sitting days (which need not fall within the same session of Parliament) after the report of the Committee has been made to the House.
(3) When a resolution referred to in subsection (1) of this section has been passed, notice of that resolution shall forthwith be published in the Gazette.
(4) This section does not apply in relation to a direction continued in force as a direction under section 90C of the South Australian Public Health Act 2011 pursuant to Schedule 2 clause 2 of the South Australian Public Health (COVID-19) Amendment Act 2022.
15U—Tabling of relevant COVID-19 direction
On the making of a relevant COVID-19 direction, the Minister with responsibility for the administration of the South Australian Public Health Act 2011 must, within 2 sitting days, cause a copy of the direction to be laid before each House of Parliament (and the direction is referred by force of this section to the COVID-19 Direction Accountability and Oversight Committee).
Division 4—Expiry of Part
15V—Expiry of Part
This Part expires on the day on which section 90C of the South Australian Public
Health Act 2011 and all directions under that section expire.