Disgraced former Victorian Labor MP Adem Somyurek's parliament suspension has been lifted after proving his COVID-19 vaccination status, paving the way for him to potentially vote down the bill.
Debate on the Public Health and Wellbeing Amendment (Pandemic Management) Bill is set to resume on Thursday but a final vote may come as late as Friday, with MPs advised parliament could sit an extra day.
The Victorian government had been confident the bill will pass after making amendments to secure the support of upper house crossbenchers - the Greens' Samantha Ratnam, Reason Party MP Fiona Patten and Animal Justice Party MP Andy Meddick.
Mr Somyurek has publicly declared he will vote against it, killing the bill and throwing the state into limbo, as the current state of emergency that the bill will replace expires on December 15.
The state of emergency and new bill allow for the government to continue enforcing COVID-19 pandemic public health measures.
Sustainable Australia MP Clifford Hayes told reporters at parliament he will talk with the Andrews government after initially being ignored for months.
"What we're seeing today is a problem that's entirely of the government's making," Mr Hayes said.
"We will talk to the government but we will make sure that anything that they come up with, if they want our support it has to have proper checks and balances.
"It's got to have proper parliamentary oversight, independent oversight as well."
In an opinion piece published in the Herald Sun, Mr Somyurek said he planned to vote against the bill.
The current bill gives too much power to the state government and its leader, Premier Daniel Andrews, lacks independent oversight and "appropriate mechanisms" to scrutinise the new powers, he argued.
"I will not support this bill in its current form, and I would encourage the government to go back to the drawing board and consult more broadly," the MP wrote.
A no vote by Mr Somyurek would result in a tie, meaning the bill would have to be reintroduced in parliament's lower house.
Upper house crossbencher MP Fiona Patten said the bill will likely be defeated since the numbers would be split 19-19, which means it would fail.
"Who knew that parliament could be used for such exacting revenge on former colleagues?" the Reason Party MP told reporters outside parliament.
"Now we're in a very precarious situation that we may have no controls and no regulations during a global pandemic."
The bill has become a lightning rod for anti-lockdown and anti-vaccination groups, who have occupied the steps of state parliament this week.
They gathered around a wooden gallows on Monday evening chanting "freedom", "traitor", "kill Dan Andrews" and "hang Dan Andrews", as an inflatable doll depicting the premier was thrown onto the structure.
Victorian Opposition Leader Matthew Guy says Liberal MPs will not be joining protesters on the steps of parliament again, after extremists became involved in an anti-pandemic bill rally.
Liberal MPs David Davis, Bernie Finn, Roma Britnell and Craig Ondarchie have attended the protests on parliament's front steps.
Mr Guy said he will be speaking to his party members on Thursday about attending the protests.
"You won't be seeing anyone back out there," he told reporters.
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