COVID-19 Response and Economic Recovery Omnibus Act 2020
Western Australia
COVID-19 Response and Economic Recovery Omnibus Act 2020
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
3.Primary purposes of Act2
4.Terms used2
5.Act binds Crown3
6.Relationship of this Act to other written laws3
Part 2 — Provisions of general application
Division 1 — Fees and charges
Subdivision 1 — Preliminary
7.Terms used4
Subdivision 3 — Validation of reductions, waivers and refunds
11.Validation of reductions, waivers and refunds4
Division 2 — Meetings
Subdivision 2 — Validation of meetings and decisions
18.Validation of meetings and decisions6
Division 3 — Public availability of documents
Subdivision 2 — Validation of things done
21.Validation of things done7
Division 5 — General provisions
27.Postponing cessation of Divisions and Subdivisions7
Part 3 — Provisions affecting obligations or authorisations under Acts
Division 1 — Preliminary
28.Terms used9
Division 2 — Authorisations generally
29.Decision‑maker may set new expiry day for authorisations during operative period9
30.Decision‑maker may modify or remove conditions of authorisations during operative period13
31.Decision‑maker may decide order no longer applies to relevant authorisation if condition of order breached14
Division 3 — Specific provisions
32.Exemption from local planning scheme taken to be exemption from region planning scheme15
33.Extension of certain time limits under relevant schemes16
Division 4 — End of operative periods for provisions of Part
34.Postponing ending of operative periods for provisions of this Part17
35.End of operative period does not affect things done during period18
36.Orders cease to have effect at the end of 30 June 202518
Part 4 — Modification of Acts
Division 1 — Bail Act 1982 modified
38.Section 43A modified19
Division 2 — Mental Health Act 2014 modified
39.Term used: Mental Health Infection Control Directions19
40.Act modified19
41.Section 48 modified20
42.Section 79 modified20
43.Validation of assessments and examinations21
Division 3 — Oaths, Affidavits and Statutory Declarations Act 2005 modified
45.Section 9 modified21
Division 4 — Sentencing Act 1995 modified and consequential modification
Subdivision 1 — Sentencing Act 1995 modified
47.Section 14 modified22
48.Section 14B inserted22
14B.Use of audio link for sentencing22
49.Section 34 modified23
Subdivision 2 — Criminal Procedure Act 2004 modified consequentially
50.Act modified23
51.Section 77 modified24
Division 5 — Postponing cessation of modifying provisions
52.Postponing cessation of modifying provisions24
Part 5 — Acts amended: facilitating electronic transactions
Division 1 — Extending the application of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013
53.Administration Act 1903 amended25
3A.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies25
54.Coroners Act 1996 amended25
4A.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies25
55.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 amended25
56.Criminal Investigation Act 2006 amended26
5A.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies27
57.Criminal Investigation (Extra‑territorial Offences) Act 1987 amended27
3B.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies27
58.Criminal Investigation (Identifying People) Act 2002 amended27
4A.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies27
59.Family Court Act 1997 amended28
9B.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies28
60.Juries Act 1957 amended28
3B.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies28
61.Sentence Administration Act 2003 amended28
4A.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies28
Division 2 — Amendment of environmental and water related legislation
Subdivision 1 — Contaminated Sites Act 2003 amended
62.Act amended29
63.Schedule 2 amended29
Subdivision 2 — Litter Act 1979 amended
64.Act amended29
65.Section 33 amended29
Subdivision 3 — Rights in Water and Irrigation Act 1914 amended
66.Act amended30
67.Section 6 amended30
68.Section 26GZB amended30
69.Section 26GZG amended30
70.Section 26N amended31
71.Section 27 amended31
72.Section 66 amended31
Subdivision 4 — Waste Avoidance and Resource Recovery Act 2007 amended
73.Act amended32
74.Section 28 amended32
75.Section 47 amended33
76.Schedule 3 amended33
Subdivision 5 — Water Agencies (Powers) Act 1984 amended
77.Act amended33
78.Section 36 amended34
Subdivision 6 — Water Services Act 2012 amended
79.Act amended34
80.Section 222 amended34
Part 6 — Acts amended: miscellaneous matters
Division 1 — Bail Act 1982 amended
81.Act amended35
82.Various provisions amended35
Division 2 — Constitution Acts Amendment Act 1899 amended
83.Act amended35
84.Section 45A inserted35
45A.Executive Council meetings35
Division 3 — Criminal Procedure Act 2004 amended
85.Act amended36
86.Section 21 amended36
87.Section 23 amended37
88.Schedule 1 clause 3 amended37
Division 4 — Evidence Act 1906 amended
89.Act amended37
90.Section 106K amended37
91.Section 106N amended39
Division 5 — Interpretation Act 1984 amended and consequential amendments
Subdivision 1 — Interpretation Act 1984 amended
92.Act amended39
93.Section 3 amended39
94.Section 45 amended39
Subdivision 2 — Consequential amendments
95.Auction Sales Act 1973 amended39
96.Debt Collectors Licensing Act 1964 amended40
97.Employment Agents Act 1976 amended40
98.Finance Brokers Control Act 1975 amended40
99.Land Valuers Licensing Act 1978 amended40
100.Motor Vehicle Dealers Act 1973 amended40
101.Real Estate and Business Agents Act 1978 amended40
102.Transfer of Land Act 1893 amended40
Part 7 — Miscellaneous
103.Provisions about orders made under Act41
104.Effect of provisions of this Act, certain regulations and orders ceasing to have effect41
105.Regulations42
Notes
Compilation table44
Other notes44
Defined terms
Western Australia
COVID‑19 Response and Economic Recovery Omnibus Act 2020
·to provide for the amelioration of problems and impediments arising from the emergency response to the COVID‑19 pandemic; and
·to facilitate aspects of the economic recovery from the emergency response to the pandemic; and
·to make related amendments to various Acts; and
·to validate certain actions taken during or following the state of emergency declared in relation to the pandemic on 16 March 2020; and
·for related purposes.
This is the COVID‑19 Response and Economic Recovery Omnibus Act 2020.
This Act comes into operation as follows —
(a)Part 1 — on the day on which this Act receives the Royal Assent;
(b)the rest of the Act — on the day after that day.
The primary purposes of this Act are —
(a)to provide for the amelioration of problems in relation to compliance with statutory requirements, and of impediments to the processes of government, arising from the emergency response to the COVID‑19 pandemic; and
(b)to provide for the amelioration of problems arising from the emergency response to an outbreak, or the risk of an outbreak, of COVID‑19 in the State; and
(c)to facilitate aspects of the economic recovery from the emergency response to the COVID‑19 pandemic.
(1)In this Act —
agency has the meaning given in the Public Sector Management Act 1994 section 3(1);
authorisation includes an approval, licence or permit;
COVID emergency declaration means a declaration made under the Emergency Management Act 2005 section 56, or the Public Health Act 2016 section 167, in relation to the COVID‑19 pandemic;
non‑SES organisation has the meaning given in the Public Sector Management Act 1994 section 3(1);
portfolio Minister, in relation to an Act, means the Minister to whom the administration of the whole or a part of the Act is committed;
prescribed means prescribed by regulations under this Act.
(2)In this Act —
(a)a reference to a thing done includes a reference to a thing omitted to be done; and
(b)a reference to a requirement under an Act includes a reference to the Act providing consequences for doing or not doing a thing; and
(c)a reference to the portfolio Minister in relation to an Act is, if the administration of the Act is committed to more than 1 Minister, a reference to any of those Ministers.
This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
6.Relationship of this Act to other written laws
This Act has effect despite any other written law.
Part 2 — Provisions of general application
In this Division —
chief employee has the meaning given in the Public Sector Management Act 1994 section 3(1);
fee includes the following —
(a)a due;
(b)an amount of Metropolitan Region Improvement Tax under the Planning and Development Act 2005 section 200;
(c)a penalty for a late application under any of the following Acts —
(i)the Auction Sales Act 1973;
(ii)the Debt Collectors Licensing Act 1964;
(iii)the Employment Agents Act 1976;
(iv)the Land Valuers Licensing Act 1978;
(v)the Motor Vehicle Dealers Act 1973;
(vi)the Real Estate and Business Agents Act 1978.
[Subdivision 2 (s. 8-10) ceased to have effect at end of 31 Dec 20221.]
Subdivision 3 — Validation of reductions, waivers and refunds
11.Validation of reductions, waivers and refunds
(1)In this section —
validation period means the period —
(a)beginning on 1 April 2020; and
(b)ending on the last day of the period of 6 months beginning on the day on which this section comes into operation.
(2)Any fee or charge under a relevant Act purportedly reduced, waived or refunded during the validation period is taken to be, and to have always been, validly reduced, waived or refunded.
(3)Anything done, or purportedly done, as a result or consequence of, or in reliance on or in relation to, a reduction, waiver or refund validated under subsection (2) (a validated reduction, waiver or refund) is as valid and effective, and is taken to have always been as valid and effective, as it would have been if the validated reduction, waiver or refund had been valid at the time the thing was done or purportedly done.
(4)For the purposes of subsection (2), the relevant Acts are —
(a)the Associations Incorporation Act 2015; and
(b)the Auction Sales Act 1973; and
(c)the Building Services (Registration) Act 2011; and
(d)the Co‑operatives Act 2009; and
(e)the Dangerous Goods Safety Act 2004; and
(f)the Debt Collectors Licensing Act 1964; and
(g)the Electricity Act 1945; and
(h)the Employment Agents Act 1976; and
(i)the Gas Standards Act 1972; and
(j)the Government Railways Act 1904; and
(k)the Jetties Act 1926; and
(l)the Land Valuers Licensing Act 1978; and
(m)the Limited Partnerships Act 2016; and
(n)the Mines Safety and Inspection Act 1994; and
(o)the Motor Vehicle Dealers Act 1973; and
(p)the Motor Vehicle Repairers Act 2003; and
(q)the Occupational Safety and Health Act 1984; and
(r)the Plumbers Licensing Act 1995; and
(s)the Public Transport Authority Act 2003; and
(t)the Real Estate and Business Agents Act 1978; and
(u)the Settlement Agents Act 1981; and
(v)the Shipping and Pilotage Act 1967.
[Subdivision 1 (s. 12-17) ceased to have effect at end of 31 Dec 2022 1, 3.]
Subdivision 2 — Validation of meetings and decisions
18.Validation of meetings and decisions
(1)Any meeting held or purportedly held, or decision made or purportedly made, under a relevant Act during the period beginning on 16 March 2020 and ending immediately before the day on which this section comes into operation is taken to be, and to have always been, as validly held or made as it would have been if Subdivision 1, and any regulations made under that Subdivision, had been in effect at the time of the meeting or decision.
(2)Anything done, or purportedly done, as a result or consequence of, or in reliance on or in relation to, a meeting or decision validated under subsection (1) (a validated meeting or decision) is as valid and effective, and is taken to have always been as valid and effective, as it would have been if the validated meeting or decision had been valid at the time the thing was done or purportedly done.
(3)For the purposes of subsection (1), the relevant Acts are —
(a)the Aboriginal Heritage Act 1972; and
(b)the Conservation and Land Management Act 1984; and
(c)the Environmental Protection Act 1986; and
(d)the Litter Act 1979; and
(e)the Planning and Development Act 2005; and
(f)the Rottnest Island Authority Act 1987.
Division 3 — Public availability of documents
[Subdivision 1 (s. 19-20) ceased to have effect at end of 31 Dec 2022 1.]
Subdivision 2 — Validation of things done
A failure to comply with a public availability requirement described in section 19(1) during the period commencing on 16 March 2020 and ending immediately before the day on which this section comes into operation does not affect the validity of anything required or permitted to be done or arising in relation to or as a consequence of the public availability requirement.
[Division 4 (s. 22-26) ceased to have effect at end of 31 Dec 2022 1.]
Division 5 — General provisions
27.Postponing cessation of Divisions and Subdivisions
(1)If, under a provision of this Part, the cessation of a Division or Subdivision may be postponed, the Governor, on the recommendation of the Minister, may postpone the cessation of the Division or Subdivision until the end of a day specified in a proclamation made before the Division or Subdivision ceases.
(2)The Minister cannot make a recommendation for the purposes of subsection (1) unless satisfied that postponing the cessation of the Division or Subdivision is necessary or expedient for a purpose in section 3.
(3)The Governor may postpone the cessation of a Division or Subdivision more than once, but cannot specify a day that is after 30 June 2025.
(4)Each postponement of a Division or Subdivision cannot be for longer than 12 months beginning on the day after the most recent day at the end of which the Division or Subdivision would have ceased.
(5)The Interpretation Act 1984 section 42 applies to and in relation to a proclamation as if the proclamation were a regulation.
Part 3 — Provisions affecting obligations or authorisations under Acts
In this Part —
operative period, for a provision of this Part, means the period —
(a)beginning on the day on which this section comes into operation; and
(b)ending on 31 December 2021, or a later day specified under section 34;2
region planning scheme has the meaning given in the Planning and Development Act 2005 section 4(1);
Transport CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of the Road Traffic (Administration) Act 2008.
Division 2 — Authorisations generally
29.Decision‑maker may set new expiry day for authorisations during operative period2
(1)In this section —
Environment CEO means the CEO as defined in the Environmental Protection Act 1986 section 3(1);
expire, for a relevant authorisation, includes the authorisation expiring, ceasing to have effect, lapsing or otherwise ending at the end of a period of time;
original expiry day, for a relevant authorisation, means the day on which the authorisation is to expire under the Act;
relevant authorisation means an authorisation, under an Act, listed in column 1 of the Table to subsection (2).
(2)A person (the decision‑maker) listed in column 2 of the Table opposite a relevant authorisation may specify, by order made during the operative period 2 for this section, a new day (the new expiry day) on which the authorisation expires if —
(a)the decision‑maker is satisfied that the order is necessary or expedient for a purpose in section 3(a) or (b); and
(b)the order is made before the original expiry day for the authorisation; and
(c)the new expiry day is —
(i)after the original expiry day for the authorisation; and
(ii)before the day that is 12 months after the original expiry day for the authorisation; and
(iii)before 30 June 2025.
Table
|
Authorisation |
Decision‑maker |
|
A clearing permit under the Environmental Protection Act 1986 Part V Division 2 |
The Environment CEO |
|
A licence under the Environmental Protection Act 1986 Part V Division 3 |
The Environment CEO |
|
A works approval under the Environmental Protection Act 1986 |
The Environment CEO |
|
A licence under the Jetties Act 1926 |
The chief executive officer as defined in the Jetties Act 1926 section 3 |
|
A permit under regulations made under the Jetties Act 1926 |
The chief executive officer as defined in the Jetties Act 1926 section 3 |
|
A driver’s licence under the Road Traffic (Authorisation to Drive) Act 2008 |
The Transport CEO |
|
A learner’s permit under the Road Traffic (Authorisation to Drive) Act 2008 Part 2 Division 2 |
The Transport CEO |
|
A vehicle licence under the Road Traffic (Vehicles) Act 2012 |
The Transport CEO |
|
A licence under the Tobacco Products Control Act 2006 |
The CEO as defined in the Health Legislation Administration Act 1984 section 3 |
|
A licence under the Water Services Act 2012 Part 2 Division 2 |
The Economic Regulation Authority established by the Economic Regulation Authority Act 2003 section 4 |
|
A prescribed authorisation |
A prescribed person who grants a prescribed authorisation |
Note for this subsection:
See section 103 for provisions about orders.
(3)An order may —
(a)apply to a relevant authorisation that has been the subject of a previous order under this section; and
(b)specify a new expiry day by —
(i)specifying a particular day; or
(ii)referring to a period of time after the original expiry day for the relevant authorisation.
Example for this subsection:
An order may specify new expiry days for a class of relevant authorisations by stating that the new expiry day for each authorisation in the class is the day that is 6 months after the original expiry day for the authorisation.
(4)A relevant authorisation the subject of an order —
(a)does not expire on the original expiry day for the authorisation; but
(b)expires at the end of the new expiry day for the authorisation under the order.
(5)However —
(a)a relevant authorisation the subject of an order may be —
(i)suspended, cancelled or otherwise ended (other than by expiring) under a written law; or
(ii)the subject of a decision under section 31 that the order no longer applies to the authorisation;
and
(b)if a person is disqualified under a written law from holding a relevant authorisation, an order under this section does not affect the disqualification.
30.Decision‑maker may modify or remove conditions of authorisations during operative period2
(1)In this section —
meter has the meaning given in the Rights in Water and Irrigation Act 1914 Schedule 1 clause 46(5);
relevant authorisation means an authorisation listed in column 1 of the Table to subsection (2).
(2)If a relevant authorisation is subject to a condition of a type listed in column 2 of the Table, a person (the decision‑maker) listed in column 3 of the Table opposite the authorisation may determine, by order made during the operative period 2 for this section, that the condition —
(a)no longer applies; or
(b)applies with the modifications set out in the order.
Table
|
Authorisation |
Condition |
Decision‑maker |
|
A clearing licence under the Country Areas Water Supply Act 1947 section 12C |
Any condition of the licence imposed under the Country Areas Water Supply Act 1947 |
The portfolio Minister for the Country Areas Water Supply Act 1947 |
|
A licence under the Rights in Water and Irrigation Act 1914 section 5C |
A condition about meters imposed on the licence by regulations made under the Rights in Water and Irrigation Act 1914 |
The portfolio Minister for the Rights in Water and Irrigation Act 1914 |
|
A prescribed authorisation |
A prescribed class of conditions in relation to the prescribed authorisation |
A prescribed person who grants the prescribed authorisation |
Note for this subsection:
See section 103 for provisions about orders.
(3)The decision‑maker cannot make the order unless satisfied that the order is necessary or expedient for a purpose in section 3(a) or (b).
(4)An order may apply to a relevant authorisation that has been the subject of a previous order under this section.
(5)An order ceases to have effect at the end of —
(a)the 1st anniversary of the day on which the order comes into operation; or
(b)if an earlier day is specified in the order — that day.
(6)Subject to section 31, during the period an order is in effect a person is taken to have satisfied a condition of a relevant authorisation the subject of the order if, under the order, the condition —
(a)no longer applies to the authorisation; or
(b)applies with modifications and the modified condition is satisfied.
31.Decision‑maker may decide order no longer applies to relevant authorisation if condition of order breached
(1)If a condition of an order made under section 29 or 30 is not satisfied in relation to a relevant authorisation, the decision‑maker for the relevant authorisation may decide that the order no longer applies to the authorisation.
(2)Before making a decision under subsection (1), the decision‑maker must —
(a)give the holder of the relevant authorisation a written notice stating that —
(i)a condition of the order has not been satisfied in relation to the relevant authorisation; and
(ii)because the condition of the order has not been satisfied, the decision‑maker may make a decision under subsection (1); and
(iii)the holder may make a written submission about the decision during a period (of not less than 28 days from the day on which the notice is received by the holder) stated in the notice;
and
(b)consider any submissions received under paragraph (a)(iii).
(3)After making a decision under subsection (1), the decision‑maker must give the holder of the relevant authorisation a written notice setting out —
(a)the decision; and
(b)if the decision is that the order no longer applies to the relevant authorisation — the reasons for the decision.
Division 3 — Specific provisions
32.Exemption from local planning scheme taken to be exemption from region planning scheme
(1)In this section —
clause 78H notice means a notice made under the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 78H(1) or (6).
(2)This section applies if —
(a)a person does something (whether before or after the day on which this section comes into operation) pursuant to an exemption from a planning requirement in a clause 78H notice in force when the thing is done; and
(b)the thing done contravenes a requirement or provision of a region planning scheme.
(3)Despite the requirement or provision of the region planning scheme, the thing done is, and is taken to always have been, done pursuant to an exemption from the requirement or provision.
33.Extension of certain time limits under relevant schemes
(1)In this section —
development approval means an approval granted under a relevant scheme;
relevant scheme means an improvement scheme as defined in the Planning and Development Act 2005 section 4(1) or a region planning scheme.
(2)This section applies to a development approval that —
(a)is valid on 8 April 2020; or
(b)is granted on or after 8 April 2020 if, at the time it is granted, a COVID emergency declaration is in effect.
(3)Despite anything provided in a development approval or in the relevant scheme under which it is granted, the development approval —
(a)remains valid until the day which is 2 years after the day on which, but for this section, it would have ceased to be valid; and
(b)lapses if the development has not been substantially commenced before that day.
(4)A development which has been substantially commenced by the day provided by subsection (3)(a) is taken to have been substantially commenced within the time required under the development approval and the relevant scheme under which it is granted.
(5)This section does not prevent the time until which a development approval remains valid or the time within which a development is required to be substantially commenced from being varied by an amendment to the development approval made under the Planning and Development Act 2005.
Division 4 — End of operative periods for provisions of Part
34.Postponing ending of operative periods for provisions of this Part
(1)The Governor, on the recommendation of the Minister, may, by proclamation made before the operative period for a provision of this Part ends, postpone the end of the operative period until a day specified for the provision in the proclamation.
(2)The Minister cannot make a recommendation for the purposes of subsection (1) unless satisfied that postponing the end of the operative period for a provision is necessary or expedient for a purpose in section 3.
(3)The Governor may postpone the end of an operative period more than once, but cannot specify a day that is after 30 June 2025.
(4)Each postponement of the operative period for a provision cannot be for longer than 12 months beginning on the day after the most recent day on which the operative period would have ended.
(5)The Interpretation Act 1984 section 42 applies to and in relation to a proclamation as if the proclamation were a regulation.
35.End of operative period does not affect things done during period
The ending of the operative period for a provision of this Part does not affect anything done during the operative period in reliance on the provision.
36.Orders cease to have effect at the end of 30 June 2025
An order made under this Part that has not ceased to have effect on or before 30 June 2025 ceases to have effect at the end of that day.
Division 1 — Bail Act 1982 modified
[37.Ceased to have effect at end of 31 Dec 2022 1.]
Delete section 43A(2) and insert:
(2)This section applies if —
(a)a proposed surety is in another State or a Territory; or
(b)it is impracticable for the proposed surety to enter into a surety undertaking in person before a relevant official.
Division 2 — Mental Health Act 2014 modified
39.Term used: Mental Health Infection Control Directions
For the purposes of this Division —
Mental Health Infection Control Directions means the directions, referred to as the Mental Health Infection Control Directions —
(a)made under the Public Health Act 2016 sections 157 and 190 on 6 April 2020; and
(b)that provide for infection control measures, relating to the COVID‑19 pandemic, to be followed when conducting assessments and examinations under the Mental Health Act 2014.
(1)The Mental Health Act 2014 applies as if modified as set out in this Division.
(2)Subsection (1) has effect while the Mental Health Infection Control Directions, or any replacement directions, have effect.
After section 48(4) insert:
(5)Despite any other provision of this section, an assessment may be conducted using audiovisual communication if the practitioner is satisfied that it is necessary or expedient to do so to comply with the requirements of the Mental Health Infection Control Directions or any replacement directions.
(1)Delete section 79(3)(c) and insert:
(c)a health professional and the person being examined —
(i)are in one another’s physical presence; or
(ii)if that is not practicable — are able to hear one another without using a communication device (for example, by being able to hear one another through a door).
(2)After section 79(6) insert:
(7)Despite any other provision of this section, an examination may be conducted using audiovisual communication if the psychiatrist or practitioner is satisfied that it is necessary or expedient to do so to comply with the requirements of the Mental Health Infection Control Directions or any replacement directions.
43.Validation of assessments and examinations
(1)This section applies to an assessment or examination under the Mental Health Act 2014 Part 6 Division 2 or 3 conducted —
(a)using audiovisual communication; and
(b)on or after 7 April 2020 (the day on which the Mental Health Infection Control Directions commenced to have effect) and before the day on which this section comes into operation.
(2)The assessment or examination, and any referral or order made as a result, is as valid and effective, and is to be taken to have always been as valid and effective, as it would have been if —
(a)the modifications set out in this Division had been in effect at the time of the assessment or examination; and
(b)the psychiatrist or practitioner had been satisfied as described in those modifications.
Division 3 — Oaths, Affidavits and Statutory Declarations Act 2005 modified
[44.Ceased to have effect at end of 31 Dec 2022 1.]
Before section 9(6)(a) insert:
(aa)if the affidavit is made at the time a COVID emergency declaration as defined in the COVID‑19 Response and Economic Recovery Omnibus Act 2020 section 4(1) is in effect — a person prescribed by the regulations for the purpose of this paragraph;
Division 4 — Sentencing Act 1995 modified and consequential modification
Subdivision 1 — Sentencing Act 1995 modified
[46.Ceased to have effect at end of 31 Dec 2022 1.]
In section 14(1) delete “section 14A.” and insert:
section 14A or audio link under section 14B.
After section 14A insert:
14B.Use of audio link for sentencing
(1)In this section —
audio link means facilities, including telephones, that enable, at the same time, a court at one place to hear a person at another place and vice versa;
non‑custodial sentence means a sentence imposed under Part 7, 8, 8A, 9 or 10;
video link has the meaning given in section 14A(4).
(2)A court sentencing an offender may, on an application by the offender, direct that the offender appear before it by audio link from a place in this State.
(3)The court must not make a direction under subsection (2) unless all of the following circumstances apply —
(a)the offender has been convicted of an offence on a plea of guilty;
(b)the court proposes to impose a non‑custodial sentence on the offender in respect of the offence;
(c)the court is satisfied that —
(i)the audio link is available or can reasonably be made available; and
(ii)the direction is in the interests of justice.
(4)The place where an offender attends for sentencing by audio link is taken to be part of the court for the purposes of the sentencing.
(5)An audio link must not be used under this section if a video link is available or can reasonably be made available.
In section 34(1) delete “section 14A,” and insert:
section 14A or audio link under section 14B,
Subdivision 2 — Criminal Procedure Act 2004 modified consequentially
(1)The Criminal Procedure Act 2004 applies as if modified as set out in this Subdivision.
(2)Subsection (1) ceases to have effect when section 46(1) ceases to have effect.
In section 77(7) delete “section 14A.” and insert:
section 14A or 14B.
Division 5 — Postponing cessation of modifying provisions
52.Postponing cessation of modifying provisions
(1)If, under this Part, the cessation of a provision that provides for the modification of an Act may be postponed, the Governor, on the recommendation of the portfolio Minister, may postpone the cessation of the provision to a day specified in a proclamation made before the provision ceases.
(2)The portfolio Minister cannot make a recommendation for the purposes of subsection (1) unless satisfied that postponing the cessation of the provision is necessary or expedient for a purpose in section 3.
(3)The Governor may postpone the cessation of a provision more than once, but cannot specify a day that is after 30 June 2025.
(4)Each postponement of the cessation of a provision cannot be for longer than 12 months beginning on the day after the most recent day at the end of which the provision would have ceased.
(5)The Interpretation Act 1984 section 42 applies to and in relation to a proclamation as if the proclamation were a regulation.
Part 5 — Acts amended: facilitating electronic transactions
Division 1 — Extending the application of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013
53.Administration Act 1903 amended
(1)This section amends the Administration Act 1903.
(2)At the end of Part 1 insert:
3A.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies
The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.
(1)This section amends the Coroners Act 1996.
(2)At the end of Part 1 insert:
4A.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies
The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.
55.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 amended
(1)This section amends the Courts and Tribunals (Electronic Processes Facilitation) Act 2013.
(2)In section 6(1):
(a)before paragraph (a) insert:
(aa)the Administration Act 1903;
(b)after paragraph (c) insert:
(ca)the Coroners Act 1996;
(c)after paragraph (e) insert:
(ea)the Criminal Investigation Act 2006;
(eb)the Criminal Investigation (Extra‑territorial Offences) Act 1987;
(ec)the Criminal Investigation (Identifying People) Act 2002;
(d)after paragraph (j) insert:
(ja)the Family Court Act 1997;
(e)after paragraph (k) insert:
(ka)the Juries Act 1957;
(f)after paragraph (n) insert:
(na)the Sentence Administration Act 2003;
56.Criminal Investigation Act 2006 amended
(1)This section amends the Criminal Investigation Act 2006.
(2)After section 5 insert:
5A.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies
The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.
57.Criminal Investigation (Extra‑territorial Offences) Act 1987 amended
(1)This section amends the Criminal Investigation (Extra‑territorial Offences) Act 1987.
(2)At the end of Part 1 insert:
3B.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies
The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.
58.Criminal Investigation (Identifying People) Act 2002 amended
(1)This section amends the Criminal Investigation (Identifying People) Act 2002.
(2)After section 4 insert:
4A.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies
The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.
59.Family Court Act 1997 amended
(1)This section amends the Family Court Act 1997.
(2)At the end of Part 1 insert:
9B.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies
The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.
(1)This section amends the Juries Act 1957.
(2)At the end of Part 1 insert:
3B.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies
The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.
61.Sentence Administration Act 2003 amended
(1)This section amends the Sentence Administration Act 2003.
(2)At the end of Part 1 insert:
4A.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies
The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.
Division 2 — Amendment of environmental and water related legislation
Subdivision 1 — Contaminated Sites Act 2003 amended
This Subdivision amends the Contaminated Sites Act 2003.
After Schedule 2 item 1 insert:
1A.Providing for notices, reports, approvals or other documents to be given, sent or served under this Act by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) and providing for the proof of that giving, sending or service.
Subdivision 2 — Litter Act 1979 amended
This Subdivision amends the Litter Act 1979.
Before section 33(2)(a) insert:
(aa)providing for notices or other documents to be given, sent or served under this Act by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) and providing for the proof of that giving, sending or service; and
Subdivision 3 — Rights in Water and Irrigation Act 1914 amended
This Subdivision amends the Rights in Water and Irrigation Act 1914.
Delete section 6(6)(b)(iii) and insert:
(iii)indicating how submissions may be provided.
Delete section 26GZB(b) and insert:
(b)by giving them to the Minister, in a manner designated by the Minister, and so that they are received within that period.
Delete section 26GZG(4)(b) and insert:
(b)by giving them to the Minister, in a manner designated by the Minister, and so that they are received within that period.
Delete section 26N(3)(b)(iii) and insert:
(iii)indicating how submissions may be provided.
After section 27(1)(f) insert:
(fa)giving, sending or serving by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) notices or other documents to be given, sent or served under this Act and how that giving, sending or service may be proven; and
(1)In section 66(1):
(a)in paragraph (c) delete “abode.” and insert:
abode;
(b)after paragraph (c) insert:
(d)by sending the same by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) in the manner provided for in the regulations.
(2)In section 66(4) delete the passage that begins with “partnership, by” and ends with “State.” and insert:
partnership by —
(a)being delivered to, left at, or posted in a prepaid letter to the registered office or principal place of business in the State of the corporation, company, or partnership; or
(b)being sent by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) in the manner provided for in the regulations.
Subdivision 4 — Waste Avoidance and Resource Recovery Act 2007 amended
This Subdivision amends the Waste Avoidance and Resource Recovery Act 2007.
Delete section 28(b) and insert:
(b)by —
(i)delivering or posting them so that they are received within that period at the offices of the Waste Authority; or
(ii)sending them by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) in the manner provided for in the regulations so that they are received by the Waste Authority within that period.
Delete section 47(4)(b) and insert:
(b)by —
(i)delivering or posting them so that they are received within that period at the offices of the Waste Authority; or
(ii)sending them by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) in the manner provided for in the regulations so that they are received by the Waste Authority within that period.
After Schedule 3 item 2 insert:
2A.Without limiting item 1 or 2, providing for notices, directions or other documents to be given, sent or served under this Act by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) and providing for the proof of that giving, sending or service.
Subdivision 5 — Water Agencies (Powers) Act 1984 amended
This Subdivision amends the Water Agencies (Powers) Act 1984.
In section 36(4):
(a)in paragraph (e) delete “verified.” and insert:
verified; and
(b)after paragraph (e) insert:
(f)without limiting paragraph (e), may provide for notices to be given, sent or served under this Act by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) and for the proof of that giving, sending or service.
Subdivision 6 — Water Services Act 2012 amended
This Subdivision amends the Water Services Act 2012.
After section 222(2)(j) insert:
(ja)without limiting paragraph (j), provide for notices and other instruments and documents to be given, sent or served under this Act by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) and providing for the proof of that giving, sending or service;
Part 6 — Acts amended: miscellaneous matters
Division 1 — Bail Act 1982 amended
This Division amends the Bail Act 1982.
Amend the provisions listed in the Table as set out in the Table.
Table
|
Provision |
Delete |
|
s. 13B(1)(c) |
in urgent cases or with the accused’s consent, |
|
s. 32(1)(c) |
in urgent cases or with the accused’s consent, |
|
s. 45(1)(c)(ii) |
in urgent cases or with the surety’s consent, |
Division 2 — Constitution Acts Amendment Act 1899 amended
This Division amends the Constitution Acts Amendment Act 1899.
At the end of Part II insert:
45A.Executive Council meetings
(1)In this section —
remote communication, in relation to a meeting, means any technology that enables all the persons taking part in the meeting to communicate with each other at the same time in a reasonably continuous way.
(2)A meeting of the Executive Council may be held —
(a)in person; or
(b)using remote communication; or
(c)by a mix of those 2 ways of meeting.
(3)A person (including the Governor or any member who is presiding) who participates in a meeting of the Executive Council using remote communication is taken to be present at the meeting.
(4)This section applies despite anything in any Letters Patent relating to the office of Governor.
Division 3 — Criminal Procedure Act 2004 amended
This Division amends the Criminal Procedure Act 2004.
Delete section 21(3) and insert:
(3)A prosecution is commenced on the day on which a prosecution notice, signed in accordance with section 23, is lodged with the court in which the prosecution is being commenced, whether or not the notice has been served on the accused.
(1)In section 23(2)(d) delete “in accordance with subsection (3) and, if necessary, subsection (4).” and insert:
by the person who is commencing the prosecution.
(2)Delete section 23(3), (4) and (5).
88.Schedule 1 clause 3 amended
In Schedule 1 clause 3(2) delete “section 23(3).” and insert:
section 23.
Division 4 — Evidence Act 1906 amended
This Division amends the Evidence Act 1906.
(1)Delete section 106K(3)(a) and insert:
(a)the accused must not be in the same room as the affected child when the child’s evidence is being taken but must be able to —
(i)observe the proceedings by means of a closed circuit television system and at all times have the means of communicating with the accused’s counsel; or
(ii)in accordance with subsection (3A), listen to the proceedings by means of an audio link and at all times have the means of communicating with the accused’s counsel;
and
(2)After section 106K(3) insert:
(3A)Subsection (3)(a)(ii) applies to the accused if, in the opinion of the judge, it is not desirable for the accused to attend court due to the accused’s health or another reason the judge thinks fit.
(3B)If the accused hears the proceedings by means of an audio link under subsection (3)(a)(ii), the accused must be provided with a reasonable opportunity to view a copy of the visually recorded evidence before the evidence is presented to the court.
(3)After section 106K(4) insert:
(4A)A person must not make a copy of, or otherwise reproduce, the proceedings, or any part of the proceedings, heard by means of an audio link under subsection (3)(a)(ii).
Penalty for this subsection: a fine of $5 000.
(4B)A person must not play, supply or offer to supply any copy of, or reproduction of, the proceedings, or any part of the proceedings, heard by means of an audio link under subsection (3)(a)(ii).
Penalty for this subsection: a fine of $5 000.
(4C)A person must not broadcast the proceedings, or any part of the proceedings, heard by means of an audio link under subsection (3)(a)(ii).
Penalty for this subsection: imprisonment for 1 year and a fine of $100 000.
In section 106N(2)(a) delete “outside the courtroom but within the court precincts,” and insert:
at a place, other than the courtroom, that is approved by the court,
Division 5 — Interpretation Act 1984 amended and consequential amendments
Subdivision 1 — Interpretation Act 1984 amended
This Subdivision amends the Interpretation Act 1984.
In section 3(3) delete “45,”.
Delete section 45(3).
Subdivision 2 — Consequential amendments
95.Auction Sales Act 1973 amended
(1)This section amends the Auction Sales Act 1973.
(2)Delete section 37(2).
96.Debt Collectors Licensing Act 1964 amended
(1)This section amends the Debt Collectors Licensing Act 1964.
(2)Delete section 26(2).
97.Employment Agents Act 1976 amended
(1)This section amends the Employment Agents Act 1976.
(2)Delete section 52(4).
98.Finance Brokers Control Act 1975 amended
(1)This section amends the Finance Brokers Control Act 1975.
(2)Delete section 95(3).
99.Land Valuers Licensing Act 1978 amended
(1)This section amends the Land Valuers Licensing Act 1978.
(2)Delete section 36(3).
100.Motor Vehicle Dealers Act 1973 amended
(1)This section amends the Motor Vehicle Dealers Act 1973.
(2)Delete section 56(3).
101.Real Estate and Business Agents Act 1978 amended
(1)This section amends the Real Estate and Business Agents Act 1978.
(2)Delete section 145(3).
102.Transfer of Land Act 1893 amended
(1)This section amends the Transfer of Land Act 1893.
(2)Delete section 181(3).
103.Provisions about orders made under Act
(1)This section applies to an order made under this Act.
Note for this subsection:
Orders may be made under sections 8, 9, 29 and 30.
(2)The order is subsidiary legislation for the purposes of the Interpretation Act 1984.
(3)The Interpretation Act 1984 section 43(1) and (6) do not apply to the order, however, the order must not be inconsistent with this Act.
(4)The order must, while in effect, be published on a website maintained by, or on behalf of —
(a)the person who made the order; or
(b)if there is no website maintained by, or on behalf of, that person — the agency or non‑SES organisation principally assisting in the administration of the Act in relation to which the order is made.
(5)A failure to comply with subsection (4) does not affect the validity of the order.
104.Effect of provisions of this Act, certain regulations and orders ceasing to have effect
When a provision of this Act or an order made under this Act, ceases to have effect, the Interpretation Act 1984 section 37 applies as if the provision, regulation or order had been repealed.
(1)The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for giving effect to the purposes of this Act.
(2)The regulations may deal with all matters of a savings or transitional nature arising as a result of —
(a)a provision of this Act ceasing to have effect; or
(b)an order made under this Act ceasing to have effect.
(3)Regulations made for the purposes of subsection (2) may —
(a)have effect despite any other written law; or
(b)provide that a specified provision of another written law does not apply, or applies with specified modifications, to or in relation to a matter.
(4)If regulations made for the purposes of subsection (2) provide that a specified state of affairs is taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations come into operation (but not earlier than the day on which the relevant provision or order ceased to have effect), the regulations have effect according to their terms.
(5)If regulations made for the purposes of subsection (2) contain a provision referred to in subsection (4), the provision does not operate so as to —
(a)affect, in a manner prejudicial to any person (other than the State or a public authority), rights of that person existing before the day on which the regulations come into operation; or
(b)impose liabilities on any person (other than the State or a public authority) in respect of anything done or omitted to be done before the day on which the regulations come into operation.
(6)Regulations made for the purposes of subsection (2) must be made within a period that is reasonably and practicably necessary to deal with the savings or transitional matter, and cannot be made after 30 June 2025.
(7)Regulations made for the purposes of subsection (2) are additional to any relevant provisions of the Interpretation Act 1984.
(8)In subsection (5) —
public authority means —
(a)a Minister of the State; or
(b)an agency, authority or instrumentality of the State; or
(c)a body, whether incorporated or not, that is established or continued for a public purpose by or under a written law; or
(d)a local government or regional local government.
This is a compilation of the COVID-19 Response and Economic Recovery Omnibus Act 2020 3. For provisions that have come into operation see the compilation table.
|
Short title |
Number and year |
Assent |
Commencement |
|
COVID-19 Response and Economic Recovery Omnibus Act 2020 |
34 of 2020 |
11 Sep 2020 |
Pt. 1: 11 Sep 2020 (see s. 2(a)); |
1The COVID-19 Response and Economic Recovery Omnibus Act 2020 Postponement Proclamation 2021 (SL 2021/196) cl. 2 postponed the cessation of Pt. 2 Div. 1 Subdiv. 2, Pt. 2 Div. 2 Subdiv. 1, Pt. 2 Div. 3 Subdiv. 1, Pt. 2 Div. 4 and sections 37(1), 44(1) and 46(1) until the end of 31 December 2022.
2The COVID-19 Response and Economic Recovery Omnibus Act 2020 Postponement Proclamation 2021 (SL 2021/196) cl. 3 postponed the end of the operative periods for sections 29 and 30 until the end of 31 December 2022.
3The amendment in the Aboriginal Cultural Heritage Act 2021 s. 347(2) is not included because the provision it sought to amend ceased to have effect before the amendment purported to come into operation.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
agency4(1)
authorisation4(1)
chief employee7
clause 78H notice32(1)
COVID emergency declaration4(1)
decision-maker29(2), 30(2)
development approval33(1)
Environment CEO29(1)
expire29(1)
fee7
Mental Health Infection Control Directions39
meter30(1)
new expiry day29(2)
non-SES organisation4(1)
operative period28
original expiry day28(1)
portfolio Minister3(1)
prescribed4(1)
public authority105(8)
region planning scheme28
relevant authorisation29(1), 30(1)
relevant scheme33(1)
Transport CEO28
validated meeting or decision18(2)
validated reduction, waiver or refund11(3)
validation period11(1)