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Queensland COVID-19 Emergency Response Bill 2020
Queensland
COVID-19 Emergency Response Bill 2020
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Main purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Powers to make regulations and instruments
5 Extraordinary regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Statutory instruments under s 12 . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Meaning of words in extraordinary regulations and instruments under s
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 3 Reducing physical contact between persons
8 Regulation-making power relating to attendance at places or meetings
.................................................. 7
9 Regulation-making power for particular matters relating to documents 9
Part 4 Modifying statutory time limits
10 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 References to doing a thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Power of entity to modify statutory time limit . . . . . . . . . . . . . . . . 10
13 Regulation-making power to modify statutory time limit . . . . . . . 12
Part 5 Proceedings
14 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
15 Regulation-making power, and power of court, to modify statutory time
limit relating to proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Regulation-making power for particular matters relating to proceedings
.................................................. 16
17 Regulation-making powers under enabling Acts . . . . . . . . . . . . . 17
18 Relationship with pts 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
v20aCOVID-19 Emergency Response Bill 2020
Contents
Part 6 Small business commissioner
19 Appointment of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 Functions and powers of commissioner . . . . . . . . . . . . . . . . . . . 19
21 Preservation of rights of commissioner . . . . . . . . . . . . . . . . . . . . 19
22 Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 7 Retail leases and other prescribed leases
23 Regulation-making power for retail leases and other prescribed leases
.................................................. 20
Part 8 Residential tenancies and rooming accommodation
24 Regulation-making power for residential tenancies and rooming
accommodation etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 9 Expiry of Act
25 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Part 10 Amendment of Acts
Division 1 Amendment of Acts Interpretation Act 1954
26 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
27 Insertion of new ss 15DB and 15DC . . . . . . . . . . . . . . . . . . . . . . 25
15DB Extension of period before commencement of postponed
law—COVID-19 emergency . . . . . . . . . . . . . . . . . . . 25
15DC Extension of period before commencement of proclaimed
law—COVID-19 emergency . . . . . . . . . . . . . . . . . . . 27
Division 2 Amendment of Parliament of Queensland Act 2001
28 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
29 Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
9A Definitions for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
30 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
10A Sitting and transacting business in exceptional
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
31 Amendment of s 11 (Standing rules and orders may be made) . 30
32 Amendment of s 12 (Quorum) . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
33 Amendment of s 79 (Definitions for ch 5) . . . . . . . . . . . . . . . . . . 31
34 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . 31
Division 3 Amendment of Statutory Instruments Act 1992
35 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
36 Insertion of new s 56B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
56B Exemption from expiry—COVID-19 emergency . . . . 32
Schedule 1 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
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Authorised by the Parliamentary Counsel
v20a2020
A Bill
for
An Act to protect the health, safety and welfare of persons
affected by the COVID-19 emergency, to facilitate the
continuance of public administration, judicial process, small
business and other activities disrupted by the COVID-19
emergency, including by easing regulatory requirements and
establishing an office of small business commissioner, to
provide for matters related to residential, retail and prescribed
leases affected by the COVID-19 emergency and to support the
Queensland rental sector during the COVID-19 emergency
period and to amend the Acts Interpretation Act 1954, the
Parliament of Queensland Act 2001 and the Statutory
Instruments Act 1992 for particular purposes
v20aCOVID-19 Emergency Response Bill 2020
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts— 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the COVID-19 Emergency Response 4
Act 2020. 5
2 Main purposes 6
The main purposes of this Act are— 7
(a) to protect the health, safety and welfare of persons 8
affected by the COVID-19 emergency; and 9
(b) to facilitate the continuance of public administration, 10
judicial process, small business and other activities 11
disrupted by the COVID-19 emergency, including by 12
easing regulatory requirements and establishing an 13
office of small business commissioner; and 14
(c) to provide for matters related to residential, retail and 15
prescribed leases affected by the COVID-19 emergency; 16
and 17
(d) to support the Queensland rental sector during the 18
COVID-19 emergency period. 19
3 Definitions 20
The dictionary in schedule 1 defines particular words used in 21
this Act. 22
4 Application of Act 23
(1) This Act applies despite any other Act or law other than the 24
Human Rights Act 2019. 25
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Part 2 Powers to make regulations and instruments
[s 5]
(2) A reference in section 5(5) or 6(3) to being inconsistent with 1
an Act does not include a reference to being inconsistent with 2
the Human Rights Act 2019. 3
Part 2 Powers to make regulations 4
and instruments 5
5 Extraordinary regulations 6
(1) Each of the following provisions is an additional 7
regulation-making provision— 8
• section 8 9
• section 9 10
• section 13 11
• section 15(3)(a) 12
• section 17. 13
(2) An Act to which an additional regulation-making provision 14
applies is an affected Act. 15
(3) A regulation made under an affected Act in reliance on an 16
additional regulation-making provision is an extraordinary 17
regulation. 18
(4) The Minister administering an affected Act may recommend 19
to the Governor in Council the making of an extraordinary 20
regulation under the Act only if the Minister is satisfied the 21
regulation is necessary for a purpose of this Act. 22
(5) An extraordinary regulation under an affected Act may be 23
inconsistent with the affected Act, and any other Act, to the 24
extent necessary to achieve a purpose of this Act. 25
(6) Without limiting subsection (5), to the extent a person’s act or 26
omission complies with an extraordinary regulation made 27
under an affected Act, the person does not incur civil or 28
criminal liability under the affected Act for the act or 29
omission. 30
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Part 2 Powers to make regulations and instruments
[s 6]
(7) An extraordinary regulation must declare it is made under the 1
relevant additional regulation-making provision. 2
(8) An additional regulation-making provision does not limit any 3
other regulation-making power conferred under an affected 4
Act. 5
(9) The Statutory Instruments Act 1992, section 49(1) applies to 6
the tabling of an extraordinary regulation as if the reference to 7
14 sitting days were a reference to 14 days. 8
6 Statutory instruments under s 12 9
(1) An Act to which section 12 applies is an affected Act. 10
(2) An entity may make a statutory instrument under an affected 11
Act in reliance on section 12(3)(a) only if satisfied the 12
instrument is necessary for a purpose of this Act. 13
(3) The statutory instrument may be inconsistent with the affected 14
Act, and any other Act, to the extent necessary to achieve a 15
purpose of this Act. 16
(4) Without limiting subsection (3), to the extent a person’s act or 17
omission complies with the statutory instrument, the person 18
does not incur civil or criminal liability under the affected Act 19
for the act or omission. 20
(5) The statutory instrument must declare it is made under section 21
12(3)(a). 22
(6) The Statutory Instruments Act 1992, sections 49, 50 and 51 23
apply to the statutory instrument as if the instrument were 24
subordinate legislation. 25
(7) However, despite the Statutory Instruments Act 1992, section 26
49(1), the statutory instrument must be tabled in the 27
Legislative Assembly within 14 days after the instrument is 28
published on a relevant website under section 12(7). 29
(8) To remove any doubt, it is declared that a provision mentioned 30
in the notes to the Statutory Instruments Act 1992, section 31
49(1) does not apply to the statutory instrument. 32
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Part 3 Reducing physical contact between persons
[s 7]
7 Meaning of words in extraordinary regulations and 1
instruments under s 12 2
Words used in an extraordinary regulation or a statutory 3
instrument under section 12(3)(a) that are defined in this Act 4
have the same meaning the words have in this Act, subject to a 5
contrary intention in the regulation or instrument. 6
Part 3 Reducing physical contact 7
between persons 8
8 Regulation-making power relating to attendance at 9
places or meetings 10
(1) This section applies if an Act requires or permits— 11
(a) a person to physically attend a place or meeting for a 12
particular purpose or particular matter; or 13
Examples of a place or meeting attended for a particular purpose 14
or particular matter— 15
• a visit or inspection by an authorised person of a particular 16
site 17
• a meeting of a board or committee 18
• attendance before a person to answer questions 19
• appearance before a person to take an oath 20
• a physical examination of a person by a doctor for a 21
particular purpose 22
(b) an entity to call or hold a meeting for a particular 23
purpose or particular matter. 24
(2) The Act is taken to include a power to make a regulation as 25
provided in this section. 26
(3) A regulation under the Act may make provision about how the 27
purpose or matter can be achieved or otherwise dealt with in a 28
modified way, including by doing any of the following— 29
(a) providing the person may attend the place or meeting for 30
the purpose or matter in a way that does not involve 31
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Part 3 Reducing physical contact between persons
[s 8]
physical attendance, including, for example, using 1
communication technology; 2
(b) modifying a procedure or requirement relating to a 3
meeting; 4
(c) suspending a requirement or entitlement for a person to 5
attend a place or meeting; 6
(d) suspending a requirement for an entity to call or hold a 7
meeting; 8
(e) empowering the chief executive under the Act to 9
exercise discretion about whether, when or how 10
attendance at a meeting or place is to be required; 11
(f) empowering the chief executive under the Act to modify 12
or waive any requirement connected to the purpose or 13
matter to which the attendance relates; 14
(g) empowering the chief executive under the Act to 15
suspend a requirement for an entity to call or hold a 16
meeting; 17
(h) empowering the chief executive under the Act to issue 18
guidelines about the modified way the purpose or matter 19
is to be achieved or otherwise dealt with; 20
(i) providing for any matter incidental to the purpose or 21
matter. 22
Examples of incidental matters— 23
• alternative ways a person may produce a stated thing 24
required for a meeting 25
• modifications to quorum, voting, decision-making and the 26
way decisions are recorded 27
(4) A regulation made under subsection (2) may have 28
retrospective operation to a day not earlier than 19 March 29
2020. 30
(5) In this section— 31
meeting includes a conference, conciliation or mediation. 32
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Part 3 Reducing physical contact between persons
[s 9]
9 Regulation-making power for particular matters relating 1
to documents 2
(1) This section applies if an Act or a common law rule requires 3
or permits any of the following (each a relevant matter)— 4
(a) the signing of a document by a person; 5
(b) the witnessing of signatures; 6
(c) the certification of matters by signatories, witnesses or 7
other persons involved in the making of a document; 8
(d) the verification of the identity of individuals; 9
(e) the attestation of a document; 10
(f) the production of a document by a person; 11
(g) the making of a document in a particular form or way; 12
(h) the following of particular processes for making a 13
document; 14
(i) the making or signing of a document or certification of a 15
matter by a particular person or class of persons; 16
(j) the inclusion of particular content in a document; 17
(k) the recording of information; 18
(l) the filing, lodgement, giving or service of a notice or 19
other document; 20
(m) the sighting of a document by a person for a particular 21
purpose; 22
(n) the publication or display of a notice or advertisement 23
for a particular purpose; 24
(o) the retention of documents or information. 25
(2) The Act is taken to include a power to make a regulation as 26
provided in this section. 27
(3) A regulation under the Act may make provision about a 28
relevant matter required or permitted under the Act, or 29
required or permitted under a common law rule, by— 30
(a) prescribing modified requirements or arrangements; or 31
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Part 4 Modifying statutory time limits
[s 10]
(b) suspending requirements or arrangements. 1
(4) A regulation under the Act may make provision about a 2
matter incidental to a relevant matter mentioned in subsection 3
(3). 4
(5) In this section— 5
document does not include a statutory instrument. 6
Part 4 Modifying statutory time limits 7
10 Definitions for part 8
In this part— 9
Act includes a savings or transitional provision of an Act. 10
authorise includes require. 11
document includes information. 12
power includes duty. 13
11 References to doing a thing 14
A reference in this part to doing a thing includes a reference to 15
omitting to do a thing. 16
12 Power of entity to modify statutory time limit 17
(1) This section applies if an entity is expressly authorised under 18
an Act to modify on any ground— 19
(a) a period within which the entity, or another entity, is 20
authorised to do a thing, including, for example, any of 21
the following things— 22
(i) make an application; 23
(ii) pay an amount; 24
(iii) give a document; 25
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Part 4 Modifying statutory time limits
[s 12]
(iv) comply with a notice or direction; 1
(v) ask for a document; 2
(vi) exercise a power; 3
(vii) perform a function; 4
(viii) make a decision; 5
(ix) give reasons for a decision; or 6
(b) a period at the end of which a thing expires, including, 7
for example, any of the following things— 8
(i) a document; 9
(ii) an authority, licence or permit; 10
(iii) a digital photo or digitised signature of a person. 11
(2) The power of the entity under the Act to modify the period is 12
taken to include a power to modify the period on the ground 13
the entity is satisfied the modification is necessary for a 14
purpose of this Act. 15
(3) The power to modify the period under subsection (2) may be 16
exercised— 17
(a) if the modification applies generally or to particular 18
classes of persons or matters—by statutory instrument; 19
or 20
(b) if the modification applies to a particular person—by 21
giving the person a notice stating the modification and 22
the reasons for the modification. 23
(4) The power to modify the period under subsection (2) may be 24
exercised under subsection (3)(b) on the entity’s own initiative 25
or on the application of a particular person interested in the 26
modification of the period. 27
(5) If a period is extended under subsection (2), the period may be 28
extended only for a period that ends on or before 31 29
December 2020. 30
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Part 4 Modifying statutory time limits
[s 13]
(6) A statutory instrument made under subsection (3)(a) may 1
have retrospective operation to a day not earlier than 19 2
March 2020. 3
(7) A statutory instrument made under subsection (3)(a) must be 4
published on a relevant website. 5
(8) This section does not limit section 13. 6
(9) A reference in this section to a period within which an entity 7
is authorised to do a thing includes a reference to any 8
expression of time provided for under a provision for doing 9
the thing. 10
Examples of an expression of time in a provision— 11
• a provision requiring a person to do a thing immediately 12
• a provision requiring a person to do a thing promptly 13
(10) In this section— 14
expire, for a thing mentioned in subsection (1)(b), includes— 15
(a) stop having legal operation or effect; and 16
(b) stop being valid. 17
13 Regulation-making power to modify statutory time limit 18
(1) This section applies if an Act— 19
(a) provides for— 20
(i) a period within which an entity is authorised to do 21
a thing, including, for example, any of the things 22
mentioned in section 12(1)(a); or 23
(ii) a period at the end of which a thing expires, 24
including, for example— 25
(A) any of the things mentioned in section 26
12(1)(b); or 27
(B) a savings or transitional regulation; and 28
(b) does not expressly authorise an entity to modify the 29
period mentioned in paragraph (a). 30
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Part 5 Proceedings
[s 14]
(2) The Act is taken to include a power to make a regulation 1
providing for the period to be modified. 2
(3) Without limiting subsection (2), a regulation may— 3
(a) expressly modify the period; or 4
(b) authorise an entity having a function under the Act to 5
modify the period; or 6
(c) authorise an entity mentioned in paragraph (b) to 7
delegate or subdelegate a power given under paragraph 8
(b) to modify the period. 9
(4) If a regulation under subsection (2) extends a period, the 10
period may be extended only for a period that ends on or 11
before 31 December 2020. 12
(5) A regulation made under subsection (2) may have 13
retrospective operation to a day not earlier than 19 March 14
2020. 15
(6) A reference in this section to a period within which an entity 16
is authorised to do a thing includes a reference to any 17
expression of time provided for under a provision for doing 18
the thing. 19
Examples of an expression of time in a provision— 20
• a provision requiring a person to do a thing immediately 21
• a provision requiring a person to do a thing promptly 22
Part 5 Proceedings 23
14 Definitions for part 24
In this part— 25
enabling Act, for a proceeding before a relevant entity, means 26
the Act under which the proceeding is conducted. 27
proceeding, before a relevant entity, includes— 28
(a) a matter related to the starting of the proceeding; and 29
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Part 5 Proceedings
[s 15]
(b) a matter related to the making of a decision or order by 1
the relevant entity in the proceeding; and 2
(c) a matter otherwise connected to the conduct of the 3
proceeding. 4
Example— 5
a matter related to the making of a bail order for a defendant in a 6
criminal proceeding 7
relevant entity means— 8
(a) a court or tribunal; or 9
(b) another entity that— 10
(i) is established or otherwise provided for under an 11
Act; and 12
(ii) has judicial or quasi-judicial functions. 13
15 Regulation-making power, and power of court, to modify 14
statutory time limit relating to proceeding 15
(1) This section applies if an Act provides for a period within 16
which an entity is authorised or required to do a thing relating 17
to a proceeding, including, for example— 18
(a) start, or take a step in, or hear, a proceeding; or 19
(b) make a complaint in relation to an offence; or 20
(c) present an indictment for an offence; or 21
(d) appeal, or give notice of appeal, or notice of application 22
for leave to appeal; or 23
(e) make a decision; or 24
(f) give reasons for a decision. 25
(2) The period may be modified on the ground the modification is 26
necessary for a purpose of this Act. 27
(3) The power to modify the period under subsection (2) may be 28
exercised— 29
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Part 5 Proceedings
[s 15]
(a) if the modification applies generally or to particular 1
classes of persons or matters—by a regulation made 2
under the Act providing for the period; or 3
(b) if the modification applies in relation to a particular 4
proceeding—by a court having jurisdiction relating to 5
the proceeding giving each party to the proceeding a 6
notice stating the modification and the reasons for the 7
modification. 8
(4) If a regulation under subsection (3)(a) extends a period, the 9
period may be extended only for a period that ends on or 10
before 31 December 2020. 11
(5) The power to modify the period under subsection (2) may be 12
exercised under subsection (3)(b) on the court’s own initiative 13
or on the application of a party to the proceeding. 14
(6) A regulation made under subsection (3)(a) may have 15
retrospective operation to a day not earlier than 19 March 16
2020. 17
(7) This section does not limit any other power of the court to 18
modify a period, including, for example, a power under the 19
Supreme Court of Queensland Act 1991. 20
(8) To remove any doubt, it is declared that this section applies in 21
relation to the following provisions— 22
(a) the Criminal Code, sections 590 and 671; 23
(b) the Dangerous Prisoners (Sexual Offenders) Act 2003, 24
part 4; 25
(c) the Justices Act 1886, section 222; 26
(d) the Limitation of Actions Act 1974, parts 2 and 3. 27
(9) A reference in this section to a period within which an entity 28
is authorised or required to do a thing relating to a proceeding 29
includes a reference to any expression of time provided for 30
under a provision for doing the thing. 31
Examples of an expression of time in a provision— 32
• a provision requiring a person to do a thing immediately 33
• a provision requiring a person to do a thing promptly 34
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Part 5 Proceedings
[s 16]
(10) In this section— 1
court includes— 2
(a) a tribunal; and 3
(b) an entity having a judicial or quasi-judicial function. 4
16 Regulation-making power for particular matters relating 5
to proceedings 6
(1) A regulation under this Act may make provision for any of the 7
following matters in relation to proceedings before a relevant 8
entity— 9
(a) alternative processes or methods for making, signing, 10
filing, giving or verifying documents; 11
(b) alternative methods for presenting indictments; 12
(c) the use of audio visual links or audio links to enable 13
persons— 14
(i) to appear before a relevant entity; or 15
(ii) to give evidence or make submissions; or 16
(iii) to take an oath or make an affirmation; 17
(d) the restriction of access to the proceedings by members 18
of the public. 19
(2) If a regulation is made under subsection (1)(c)(i) in relation to 20
a proceeding, a person who appears before the relevant entity 21
for the proceeding as provided under the regulation is taken to 22
be present before the relevant entity. 23
(3) A regulation made under subsection (1) is taken to be an 24
extraordinary regulation. 25
(4) For subsection (3)— 26
(a) subsection (1) is taken to be an additional 27
regulation-making provision within the meaning of 28
section 5(1); and 29
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[s 17]
(b) a reference in section 5 to an extraordinary regulation 1
under an affected Act is taken to be a reference to a 2
regulation made under subsection (1); and 3
(c) section 5(4) applies as if the reference in the section to 4
the Minister administering an affected Act were a 5
reference to the Minister administering this Act; and 6
(d) section 5(5), (6) and (8) applies as if a reference in the 7
section to an affected Act, other than a reference to an 8
extraordinary regulation under an affected Act, were a 9
reference to the enabling Act for a proceeding before a 10
relevant entity in relation to which a regulation made 11
under subsection (1) applies. 12
(5) In this section— 13
audio link see the Evidence Act 1977, section 39C. 14
audio visual link see the Evidence Act 1977, schedule 3. 15
verify, in relation to a document, includes— 16
(a) witness another person’s signature of the document; and 17
(b) certify a copy of the document; and 18
(c) make a statutory declaration in relation to the document; 19
and 20
(d) take an oath or make an affirmation in relation to the 21
document. 22
17 Regulation-making powers under enabling Acts 23
(1) The enabling Act for a proceeding before a relevant entity is 24
taken to include a power to make a regulation that makes 25
provision for any of the following matters in relation to the 26
proceeding— 27
(a) a matter mentioned in section 16(1)(a), (b), (c) or (d); 28
(b) alternative provisions about the constitution of the 29
relevant entity for conducting the proceeding; 30
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Part 6 Small business commissioner
[s 18]
(c) provision for an alternative method of service to satisfy 1
a requirement about personal service of a document in 2
the proceeding; 3
(d) provision for a videorecording of a witness’s evidence to 4
be viewed and heard in the proceeding instead of direct 5
testimony; 6
(e) provision for the proceeding to be conducted in an 7
alternative location; 8
(f) other procedural arrangements in relation to the 9
proceeding. 10
(2) A regulation under the enabling Act providing for a matter 11
mentioned in subsection (1)(a) may have retrospective 12
application to a day not earlier than 19 March 2020. 13
(3) If there is an inconsistency between a regulation under section 14
16 and a regulation under the enabling Act mentioned in 15
subsection (1), the regulation under the enabling Act prevails 16
to the extent of the inconsistency. 17
18 Relationship with pts 3 and 4 18
This part does not limit the application of a provision in part 3 19
or 4, other than section 12(3)(a), in relation to a proceeding 20
before a relevant entity. 21
Part 6 Small business commissioner 22
19 Appointment of commissioner 23
(1) There is to be a small business commissioner. 24
(2) The commissioner is appointed by the Governor in Council on 25
the recommendation of the Minister (small business). 26
(3) The Minister (small business) may recommend a person for 27
appointment only if the Minister is satisfied the person is 28
appropriately qualified. 29
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(4) The commissioner is to be paid the remuneration and 1
allowances decided by the Governor in Council. 2
(5) A person holds office as the small business commissioner on 3
the conditions decided by the Governor in Council. 4
(6) The commissioner must be appointed under this Act and not 5
the Public Service Act 2008. 6
(7) The appointment ends on 31 December 2020. 7
20 Functions and powers of commissioner 8
(1) The functions of the commissioner are— 9
(a) to provide information and advisory services to the 10
public about matters relevant to small businesses, 11
particularly in relation to the COVID-19 response 12
measures; and 13
(b) to assist small businesses in reaching an informal 14
resolution for disputes relating to small business leases; 15
and 16
(c) to administer a mediation process prescribed by 17
regulation under section 23(1)(g) in relation to small 18
business tenancy disputes. 19
(2) The commissioner has all the powers necessary for 20
performing the commissioner’s functions. 21
(3) In this section— 22
small business lease means a lease of premises used wholly 23
or predominantly for carrying on a small business. 24
small business tenancy dispute means a dispute about a small 25
business lease, or about the use or occupation of the leased 26
premises, regardless of when the lease was entered into. 27
21 Preservation of rights of commissioner 28
(1) This section applies if a person who is a public service officer 29
is appointed as commissioner. 30
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(2) The person keeps all rights accrued or accruing to the person 1
as a public service officer as if service as the commissioner 2
were a continuation of service as a public service officer. 3
(3) At the end of the person’s term of office or resignation as 4
commissioner, the person’s service as the commissioner is 5
taken to be service of a like nature in the public service for 6
deciding the person’s rights as a public service officer. 7
22 Reporting 8
The commissioner must— 9
(a) keep the Minister (small business) reasonably informed 10
about the performance of the commissioner’s functions; 11
and 12
(b) comply with a reasonable request by the Minister (small 13
business) to give the Minister stated information at a 14
stated time about the performance of the 15
commissioner’s functions. 16
Part 7 Retail leases and other 17
prescribed leases 18
23 Regulation-making power for retail leases and other 19
prescribed leases 20
(1) A regulation under this Act or the Retail Shop Leases Act 21
1994 may, for responding to the COVID-19 emergency— 22
(a) prohibit the recovery of possession of premises under a 23
relevant lease by a lessor of the premises from a lessee 24
of the premises; or 25
(b) prohibit the termination of a relevant lease by a lessor or 26
owner of premises; or 27
(c) regulate or prevent the exercise or enforcement of 28
another right of a lessor of premises under a relevant 29
lease or other agreement relating to the premises; or 30
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(d) exempt a lessee, or a class of lessees, from the operation 1
of a provision of an Act, relevant lease or other 2
agreement relating to the leasing of premises; or 3
(e) require parties to a relevant lease to have regard to 4
particular matters or principles, or a prescribed standard, 5
code or other document, in negotiating or disputing a 6
matter under or in relation to the relevant lease; or 7
(f) require a mediator, conciliator, arbitrator, tribunal, court 8
or other decision-maker to have regard to particular 9
matters or principles, or a prescribed standard, code or 10
other document, in mediating, conciliating, hearing or 11
deciding a matter or proceeding relating to a relevant 12
lease; or 13
(g) provide for a dispute resolution process for disputes 14
relating to relevant leases, including, for example, by 15
providing for the following— 16
(i) who may apply for dispute resolution; 17
(ii) how the dispute resolution process is started; 18
(iii) the appointment and jurisdiction of mediators to 19
mediate disputes; 20
(iv) the conduct of mediations; 21
(v) the conferral of jurisdiction on a tribunal to hear 22
and decide disputes; 23
(vi) the referral of disputes to a court or tribunal; or 24
(h) prescribe any other matter necessary for, or incidental 25
to, facilitating a matter mentioned in paragraphs (a) to 26
(g). 27
(2) A regulation under this section may— 28
(a) be inconsistent with an Act or law, other than the 29
Human Rights Act 2019, to the extent necessary to 30
achieve a purpose of the regulation and this Act; and 31
(b) have retrospective operation to a day not earlier than the 32
commencement of this Act; and 33
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(c) provide for a maximum penalty of not more than 20 1
penalty units for a contravention of the regulation. 2
(3) Without limiting subsection (2)(a), to the extent a person’s act 3
or omission complies with a regulation made under this 4
section that is inconsistent with an Act or law, the person does 5
not incur civil or criminal liability under the Act or law for the 6
act or omission. 7
(4) A regulation under this section must declare it is made under 8
this section. 9
(5) This section does not limit a regulation-making power under 10
the Retail Shop Leases Act 1994. 11
(6) A regulation under this section expires on 31 December 2020. 12
(7) The Statutory Instruments Act 1992, section 49(1) applies to 13
the tabling of a regulation made under this section as if the 14
reference to 14 sitting days were a reference to 14 days. 15
(8) In this section— 16
lease includes a lease, sub-lease, licence or other agreement 17
under which a person grants a right to another person to 18
occupy premises, other than as a residence. 19
premises includes land. 20
relevant lease means— 21
(a) a retail shop lease under the Retail Shop Leases Act 22
1994; or 23
(b) a lease prescribed by regulation for this definition. 24
Part 8 Residential tenancies and 25
rooming accommodation 26
24 Regulation-making power for residential tenancies and 27
rooming accommodation etc. 28
(1) A regulation under this Act or the Residential Tenancies and 29
Rooming Accommodation Act 2008 (the RTRA Act) may 30
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make provision for any matter necessary for responding to the 1
COVID-19 emergency, including— 2
(a) to ensure rights, obligations and processes under the 3
RTRA Act operate appropriately having regard to 4
COVID-19 response measures; and 5
(b) to assist in achieving the objectives of COVID-19 6
response measures; and 7
(c) to support the Queensland residential rental sector 8
during the COVID-19 emergency period. 9
(2) Without limiting subsection (1), a regulation may— 10
(a) impose a moratorium on evictions of tenants and 11
residents during the COVID-19 emergency period; or 12
(b) alter the grounds on which notices to leave may be 13
given; or 14
(c) enable particular disputes about unpaid rent to be 15
conciliated by the Residential Tenancies Authority; or 16
(d) suspend a right or obligation under the RTRA Act in 17
particular circumstances; or 18
(e) provide for applications to be made to, and decided by, a 19
different entity to the entity provided for under the 20
RTRA Act; or 21
(f) prohibit the inclusion of particular matters in a tenancy 22
database within the meaning of section 457 of the 23
RTRA Act; or 24
(g) amend a residential tenancy agreement or rooming 25
accommodation agreement, including, for example, 26
by— 27
(i) extending the term of the agreement; or 28
(ii) terminating the agreement; or 29
(iii) if there is more than 1 tenant or resident for the 30
agreement—ending the interest of a tenant or 31
resident in the agreement; or 32
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(h) extend the application of particular provisions of the 1
RTRA Act to additional persons. 2
(3) A regulation under this section may— 3
(a) be inconsistent with an Act or law, other than the 4
Human Rights Act 2019, to the extent necessary to 5
achieve a purpose of the regulation and this Act; and 6
(b) have retrospective operation to a day not earlier than 19 7
March 2020; and 8
(c) impose a penalty of not more than 100 penalty units for 9
a contravention of the regulation. 10
(4) Without limiting subsection (3)(a), to the extent a person’s act 11
or omission complies with a regulation made under this 12
section that is inconsistent with an Act or law, the person does 13
not incur civil or criminal liability under the Act or law for the 14
act or omission. 15
(5) A regulation under this section must declare it is made under 16
this section. 17
(6) This section does not limit a regulation-making power under 18
the RTRA Act. 19
(7) If there is an inconsistency between a regulation made under 20
this section and any of the following, the regulation prevails to 21
the extent of the inconsistency— 22
(a) a provision of an Act or law, other than the Human 23
Rights Act 2019; 24
(b) another regulation made under the RTRA Act; 25
(c) a standard term or special term of a residential tenancy 26
agreement or rooming accommodation agreement. 27
(8) A regulation made under this section expires on 31 December 28
2020. 29
(9) The Statutory Instruments Act 1992, section 49(1) applies to 30
the tabling of a regulation made under this section as if the 31
reference to 14 sitting days were a reference to 14 days. 32
(10) In this section— 33
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Part 9 Expiry of Act
[s 25]
resident see the Residential Tenancies and Rooming 1
Accommodation Act 2008, schedule 2. 2
residential tenancy agreement see the Residential Tenancies 3
and Rooming Accommodation Act 2008, section 12. 4
rooming accommodation agreement see the Residential 5
Tenancies and Rooming Accommodation Act 2008, section 6
16. 7
tenant see the Residential Tenancies and Rooming 8
Accommodation Act 2008, schedule 2. 9
Part 9 Expiry of Act 10
25 Expiry 11
This Act expires on 31 December 2020. 12
Part 10 Amendment of Acts 13
Division 1 Amendment of Acts Interpretation 14
Act 1954 15
26 Act amended 16
This division amends the Acts Interpretation Act 1954. 17
27 Insertion of new ss 15DB and 15DC 18
After section 15DA— 19
insert— 20
15DB Extension of period before commencement 21
of postponed law—COVID-19 emergency 22
(1) This section applies if— 23
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Part 10 Amendment of Acts
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(a) before the commencement of this section, a 1
regulation under section 15DA(3) extended 2
the period before commencement of a 3
postponed law as defined in section 4
15DA(1) (the postponed law) to a day not 5
more than 2 years after the assent day; and 6
(b) on the commencement of this section, the 7
postponed law had not commenced. 8
(2) A regulation may further extend the period before 9
commencement of the postponed law for a period 10
ending on or before 31 December 2020. 11
(3) The regulation mentioned in subsection (2) may 12
be made under any of the following Acts as if the 13
Act included a provision that had commenced and 14
authorised the regulation to be made— 15
(a) the Act that is the postponed law; 16
(b) the Act of which the postponed law is a 17
provision; 18
(c) an Act that the postponed law amends. 19
(4) The Minister administering the Act mentioned in 20
subsection (3) may recommend to the Governor in 21
Council the making of a regulation under 22
subsection (2) only if the Minister is satisfied that 23
extending the period under subsection (2) is 24
necessary for a purpose of the COVID-19 25
Emergency Response Act 2020. 26
(5) A regulation made under subsection (2) must 27
declare it is made under this section. 28
(6) This section applies despite section 15DA. 29
(7) This section expires on 31 December 2020. 30
(8) In this section— 31
COVID-19 emergency see the COVID-19 32
Emergency Response Act 2020, schedule 1. 33
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15DC Extension of period before commencement 1
of proclaimed law—COVID-19 emergency 2
(1) This section applies if— 3
(a) before the commencement of this section, a 4
proclamation or other instrument fixed a day 5
(the proclaimed day) on which an Act or 6
provision of an Act was to commence; and 7
(b) on the commencement of this section, the 8
Act or provision of the Act had not 9
commenced. 10
(2) At least 7 days before the proclaimed day, a 11
regulation may extend the period before 12
commencement of the Act or provision of the Act 13
for a period ending on or before 31 December 14
2020. 15
(3) The Minister administering the Act may 16
recommend to the Governor in Council the 17
making of a regulation under subsection (2) only 18
if the Minister is satisfied that extending the 19
period under subsection (2) is necessary for a 20
purpose of the COVID-19 Emergency Response 21
Act 2020. 22
(4) A regulation made under subsection (2) must 23
declare it is made under this section. 24
(5) This section applies despite any other law. 25
(6) This section expires on 31 December 2020. 26
(7) In this section— 27
COVID-19 emergency see the COVID-19 28
Emergency Response Act 2020, schedule 1. 29
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Part 10 Amendment of Acts
[s 28]
Division 2 Amendment of Parliament of 1
Queensland Act 2001 2
28 Act amended 3
This division amends the Parliament of Queensland Act 2001. 4
29 Insertion of new s 9A 5
Before section 10— 6
insert— 7
9A Definitions for pt 2 8
In this part— 9
COVID-19 emergency means the declared public 10
health emergency under the Public Health Act 11
2005, section 319(2) for COVID-19 declared on 12
29 January 2020 as extended and further extended 13
under that Act. 14
exceptional circumstances means circumstances 15
arising from the COVID-19 emergency that make 16
it impractical for some or all members to travel to 17
or meet in the parliamentary precinct. 18
parliamentary precinct see the Parliamentary 19
Service Act 1988, section 4. 20
present, in relation to a member at a meeting of 21
the Assembly or a Committee of the Whole 22
House, includes, when the Assembly or the 23
Committee is meeting in exceptional 24
circumstances, the member being present at the 25
meeting— 26
(a) by telephone or video or other electronic 27
means; or 28
(b) by proxy. 29
voting, in relation to a member at a meeting of the 30
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Assembly or a Committee of the Whole House, 1
includes the member voting at the meeting— 2
(a) when the Assembly or the Committee is 3
meeting in exceptional circumstances—by 4
telephone or video or other electronic 5
means; or 6
(b) by proxy. 7
30 Insertion of new s 10A 8
After section 10— 9
insert— 10
10A Sitting and transacting business in 11
exceptional circumstances 12
(1) In exceptional circumstances, a meeting of the 13
Assembly or a Committee of the Whole House 14
may be held, and business transacted, using any 15
technology that enables reasonably continuous 16
and contemporaneous communication between 17
the Speaker or Deputy Speaker presiding and the 18
members present other than members present by 19
proxy, and between the members present other 20
than members present by proxy. 21
(2) For the purposes of a meeting held and business 22
transacted in exceptional circumstances, the 23
provisions of this Act are to be applied— 24
(a) with necessary and appropriate 25
modifications that may be prescribed in the 26
standing rules and orders of the Assembly; 27
or 28
(b) in the absence of the prescription mentioned 29
in paragraph (a), with modifications the 30
Speaker determines to be necessary and 31
appropriate in the circumstances. 32
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Example of a necessary and appropriate modification 1
The standing rules and orders of the Assembly might 2
provide that if, during a meeting conducted under this 3
section, a member who is present by electronic means is 4
voting as and for an absent member under section 20, 5
references to voting inside the bar or outside the bar are 6
to be read as requiring the member to declare to the 7
Speaker or Deputy Speaker presiding whether the 8
member is voting for the absent member and in the 9
member’s own right, or for the absent member only. 10
31 Amendment of s 11 (Standing rules and orders may be 11
made) 12
(1) Section 11(2)— 13
insert— 14
(ca) the way the time, date and place for a 15
meeting of the Assembly may be set; 16
(cb) the way the proceedings of the Assembly 17
are to be conducted in exceptional 18
circumstances including, for example, how 19
the electronic attendance of members is to 20
be facilitated and verified, and how votes are 21
to be taken; 22
(2) Section 11— 23
insert— 24
(2A) To facilitate proxy voting at meetings of the 25
Assembly or a Committee of the Whole House 26
held in exceptional circumstances, standing rules 27
and orders may also provide for a system of proxy 28
voting in addition to, and in a way that differs 29
from, proxy voting under part 5. 30
32 Amendment of s 12 (Quorum) 31
Section 12, ‘16 members of the Assembly exclusive of the 32
Speaker are a quorum’— 33
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omit, insert— 1
a quorum exists if 16 members of the Assembly, 2
exclusive of the Speaker or Deputy Speaker 3
presiding, are present 4
33 Amendment of s 79 (Definitions for ch 5) 5
Section 79— 6
insert— 7
present, in relation to a member at a meeting of a 8
committee, means present in person or by 9
telephone, video or other electronic means. 10
voting, in relation to a member at a meeting of a 11
committee, means voting in person or by 12
telephone, video or other electronic means. 13
34 Amendment of schedule (Dictionary) 14
Schedule— 15
insert— 16
COVID-19 emergency, for chapter 2, part 2, see 17
section 9A. 18
exceptional circumstances, for chapter 2, part 2, 19
see section 9A. 20
parliamentary precinct, for chapter 2, part 2, see 21
section 9A. 22
present— 23
(a) for chapter 2, part 2, see section 9A; or 24
(b) for chapter 5, see section 79. 25
voting— 26
(a) for chapter 2, part 2, see section 9A; or 27
(b) for chapter 5, see section 79. 28
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[s 35]
Division 3 Amendment of Statutory 1
Instruments Act 1992 2
35 Act amended 3
This division amends the Statutory Instruments Act 1992. 4
36 Insertion of new s 56B 5
After section 56A— 6
insert— 7
56B Exemption from expiry—COVID-19 emergency 8
(1) A regulation under this Act made before 9
subordinate legislation, other than uniform 10
subordinate legislation, expires under this part 11
may exempt the subordinate legislation from 12
expiry for a stated period ending on or before 31 13
December 2020. 14
(2) The Minister may recommend to the Governor in 15
Council the making of a regulation under 16
subsection (1) only if the responsible Minister for 17
the subordinate legislation has given the Minister 18
a notice stating that the responsible Minister is 19
satisfied that postponing the expiry of the 20
subordinate legislation under subsection (1) is 21
necessary for a purpose of the COVID-19 22
Emergency Response Act 2020. 23
(3) Within 7 sitting days after a regulation under 24
subsection (1) is made, the Minister must table in 25
the Legislative Assembly the notice given to the 26
Minister under subsection (2). 27
(4) However, failure to comply with subsection (3) 28
does not affect the validity of a regulation made 29
under subsection (1). 30
(5) A regulation made under subsection (1) must 31
declare it is made under this section. 32
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[s 36]
(6) This section expires on 31 December 2020. 1
(7) To remove any doubt, it is declared that this 2
section applies to subordinate legislation even if 3
the legislation has been exempted from expiry 4
under section 56A. 5
(8) In this section— 6
COVID-19 emergency see the COVID-19 7
Emergency Response Act 2020, schedule 1. 8
responsible Minister, for subordinate legislation, 9
means the Minister responsible for administering 10
the Act or provision under which or in relation to 11
which the subordinate legislation is made or 12
preserved. 13
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Schedule 1
Schedule 1 Dictionary 1
section 3 2
3
Act, for part 4, see section 10. 4
authorise, for part 4, see section 10. 5
commissioner means the small business commissioner 6
appointed under section 19. 7
COVID-19 emergency means the declared public health 8
emergency under the Public Health Act 2005, section 319(2) 9
for COVID-19 declared on 29 January 2020 as extended and 10
further extended under that Act. 11
COVID-19 emergency period means the period for which the 12
COVID-19 emergency is in effect. 13
COVID-19 response measures means any measures (however 14
called) under an Act, including, for example, under the Public 15
Health Act 2005, chapter 8, part 7A— 16
(a) to minimise the serious risks to the health and safety of 17
persons caused by the COVID-19 emergency; or 18
(b) to assist in responding to the COVID-19 emergency. 19
document, for part 4, see section 10. 20
enabling Act, for a proceeding before a relevant entity, for 21
part 5, see section 14. 22
extraordinary regulation see section 5. 23
Minister (small business) means the Minister given 24
responsibility for the public business of small business 25
matters under the Administrative Arrangements. 26
modify, a period, includes extend or shorten the period. 27
power, for part 4, see section 10. 28
proceeding, before a relevant entity, for part 5, see section 14. 29
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Schedule 1
relevant department, for publishing a matter or doing another 1
thing on a website, means the department administering the 2
Act in relation to which the matter is published or thing is 3
done. 4
relevant entity, for part 5, see section 14. 5
relevant website, for publishing a matter or doing another 6
thing on a website, means— 7
(a) if the entity publishing the matter or doing the thing is a 8
local government—the local government’s website; or 9
(b) if the entity publishing the matter or doing the thing is a 10
Minister or the chief executive of a department—the 11
relevant department’s website; or 12
(c) otherwise— 13
(i) the whole-of-government website; or 14
(ii) the website of the entity publishing the matter or 15
doing the thing; or 16
(iii) if the entity publishing the matter or doing the 17
thing does not have a website— 18
(A) the relevant department’s website; or 19
(B) a website identified on the relevant 20
department’s website as a website for the 21
purpose of publishing the matter or doing the 22
thing. 23
whole-of-government website means— 24
(a) www.qld.gov.au; or 25
(b) another website prescribed by regulation. 26
© State of Queensland 2020
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