Current as at 4:00pm 30 April 2021 Jurisdiction
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Current as at 4:00pm 30 April 2021
Jurisdiction Response
Commonwealth Emergency declarations:
On 3 March 2021, the Governor-General re-declared that a
human biosecurity emergency exists. The declaration gives the
Minister for Health expansive powers to issue directions and
set requirements in order to combat the outbreak. On 10 March
2021, the Governor-General made Biosecurity (Human
Biosecurity Emergency) (Human Coronavirus with Pandemic
Potential) Declaration 2020 which extends the human
biosecurity emergency declared earlier in the year to 17 June
2021.
The Cth also declared a public health emergency existed in the
Jervis Bay Territory on 23 April 2020.
The Federal Government has set up a website which has the
most recent updates for government responses to Covid-19.
The Government has also announced the creation of the
national Covid-19 Coordination Commission. This has since
been renamed the National COVID-19 Commission (NCC)
Advisory Board and will focus on advising the Prime Minister
on all aspects of the JobMaker plan.
The Commonwealth regularly updates its Coronavirus
information and support for business website with information
on Cth, state and territory responses and resources on
measures such as commercial leasing, financial and other
assistance for sole traders, employers, businesses and
companies, grants, as well as business continuity during the
COVID-19 emergency.
Stimulus packages:
The government have announced numerous stimulus
packages, amounting to $194 billion. They include:
• Appropriation (Coronavirus Economic Response Package)
Act (No 1). This is the first stimulus package which outlines
the Coronavirus economic response package.
• Appropriation (Coronavirus Economic Response Package)
Act (No 2). This is the second stimulus package.
39513192• Coronavirus Economic Response Package Omnibus Act
2020 (Cth). Note Schedule 12 temporarily suspends
insolvent trading laws.
The Government also announced further funding packages
which were introduced to Parliament on 8 April 2020. They
have both passed and received assent on 9 April 2020.
• Coronavirus Economic Response Package Omnibus
(Measures No. 2) Act 2020
• Coronavirus Economic Response Package (Payments and
Benefits) Act 2020
COVID-19 economic assistance measures:
• Pursuant to Schedule 13 of the Coronavirus Economic
Response Package Omnibus Act 2020 (Cth), the rules
have been changed to permit the temporary early release
of superannuation.
o Individuals affected by COVID-19 can access up to
$10,000 in 2019-20 and a further $10,000 in 2020-
21. The funds are tax-free and will not affect
Veterans’ Affairs or Centrelink payments.
o Eligible temporary residents can apply to access up
to $10,000 of their super once.
o The scheme is being administered by the ATO.
• JobKeeper wage subsidy
o JobKeeper wage subsidy ended on 28 March 2021.
• Apprentice and trainee wage subsidies worth 50% of the
wage paid may be payable to eligible employers.
o Eligibility is assessed by an Australian
Apprenticeship Support Network (AASN) provider.
o Employers are entitled to be reimbursed up to
$21,000.
o This initiative has been extended to 30 September
2021
• Businesses will receive ATO cash flow boosts delivered
through credits in the Business Activity Statement system
(automatically applied to businesses when it lodges activity
statements).
39513192• Tax deductions available for businesses through the
Backing Business Investment scheme and Instant Asset
Write-Off for eligible businesses. On 1, the Instant Asset
Write-Off was extended for a further six months to the end
of the year.
• $1 billion fund to support Coronavirus-affected regions and
communities – including tourism, education and agriculture.
• SME Guarantee Scheme to support lenders’ willingness to
provide loans to SME businesses. Eligible SMEs can
receive a maximum $250,000 unsecured loan for up to 3
years with a 6 month repayment holiday.
o The authority for the scheme is the Guarantee of
Lending to Small and Medium Enterprises
(Coronavirus Economic Response Package) Act
2020 (Cth). The legislative rules are the Guarantee
of Lending to Small and Medium Enterprises
(Coronavirus Economic Response Package) Rules
2020 (Cth). The scheme is governed by the
Scheme Rules.
• To assist financially-distressed businesses, changes to the
Corporations Act 2001 (Cth) have been made, including:
o To increase the current minimum threshold for
creditors issuing a statutory demand on a company
under the Corporations Act 2001 from $2,000 to
$20,000. This will apply for 6 months.
o To extend the time a company to respond to a
statutory demand will be extended temporarily from
21 days to 6 months. This will apply for 6 months.
o To provide temporary relief for directors’ personal
liability for trading while insolvent with respect to any
debts incurred during the ordinary course of the
company’s business. This will apply for 6 months.
o Amendments to the Act were made by Schedule 12
of the Coronavirus Economic Response Package
Omnibus Act 2020.
• On 4 June 2020, the Treasurer announced today the
Government’s new HomeBuilder Program to protect the
construction industry from the economic impact of COVID-
19. Under the new program, owner-occupiers may be
39513192eligible for grants of $25,000 to build a new home or
substantially renovate an existing home.
• On 15 June 2020, the Prime Minister announced the
following COVID-19 economic response measures:
o a further $1.5 billion on small priority infrastructure
projects
o fast-tracked EPBC Act approval of 15 major projects
pursuant to bilateral agreements between the
Commonwealth and the relevant States and
Territories
o the Deregulation Taskforce will be brought into the
DPMC to bring a whole-of-government approach to
reducing the regulatory burden on businesses.
• To assist financially-stressed businesses and stimulate the
economy, SMEs have been allowed to claim the full amount
of a depreciating asset acquired for a taxable purpose up to
a threshold of $150,000 up until 30 June 2020 (the instant
asset write-off). Further legislation has now been passed
to extend the period of the instant asset write-off until 31
December 2020.
• On 16 July 2020, the Prime Minister announced a further
$2 billion in Commonwealth funding for a new skills
package. $1.5 billion will be used to expand the apprentice
wage subsidy from small businesses to medium businesses
with less than 200 employees. $500 million in funding from
the Commonwealth and $500 million from the States and
Territories will be invested in a new JobTrainer program,
which will provide up to an additional 340,700 free or low-
cost training places in courses in areas of identified need.
• On 2 September, the Foreign Minister announced that the
Department of Foreign Affairs and Trade will make
available a Hardship Program which will provide no-interest
loans for vulnerable Australian citizens overseas.
• On 1 October 2020 the Prime Minister announced $1.5
billion in new funding over the next four years in the Modern
Manufacturing Strategy as part of the JobMaker Plan.
• On 2 October 2020, the Treasurer announced that the
Government will provide an exemption from Fringe Benefits
Tax (FBT) for employer-provided retraining and reskilling,
39513192for employees who are redeployed to a different role in the
business. The exemption will apply from the date of
announcement. The Government will also consult on
potential changes to the current arrangements for workers
that undertake training at their own expense.
• On 2 October 2020, the Treasurer announced that the
Government will provide further tax relief. Businesses with
an aggregated annual turnover between $10 million and
$50 million will have access to up to ten small business tax
concessions.
• On 5 October 2020, the Government announced a $7.5
billion investment in national transport infrastructure as part
of the Federal Coalition’s COVID-19 economic recovery
plan.
Electronic signatures:
Notably, Schedule 5 of the Coronavirus Economic Response
Package Omnibus (Measures No. 2) Act 2020 gives
responsible Ministers powers to determine, by legislative
instrument, that certain provisions in Acts and legislative
instruments are varied or do not apply for a specified period.
The responsible Minister must be satisfied that the
determination is in response to COVID-19. Provisions that may
be the subject of a determination are those that require the
following:
• (a) the giving of information in writing;
• (b) the signature of a person;
• (c) the production of a document by a person;
• (d) the recording of information;
• (e) the retention of documents or information;
• (f) the witnessing of signatures;
• (g) the certification of matters by witnesses;
• (h) the verification of the identity of witnesses;
• (i) the attestation of documents.
No Ministerial declarations have been made under this
schedule.
39513192On 5 May 2020, the Treasurer made a determination under s
1362A of the Corporations Act 2001:
• facilitating electronic signature of documents by corporate
officeholders, and
• allowing persons who deal with companies to assume that
documents which have been signed electronically have
been duly executed by the company.
• These determinations expired on 22 March 2021.
The Treasurer announced on 31 July 2020 that the
Commonwealth will allow annual general meetings (and other
prescribed meetings under the Corporations Act 2001) to be
conducted online, and documents to be executed electronically
for a further six months (up to 21 March 2021).
The Corporations (Coronavirus Economic Response)
Determination (No. 3) 2020 commenced on 23 September
2020. The Determination remakes the original determination to
ensure that for at least the rest of this year, companies can
hold their Annual General Meeting and other meetings using
technology rather than face-to-face. The Determination also
extends the timeframe for companies to use electronic
signatures to give certainty that when company officers sign a
document electronically (including an electronic document), the
document has been validly executed.
The Electronic Transactions Regulations 2020 commenced on
30 July 2020, providing an updated list of Commonwealth laws
that are exempt from the Electronic Transactions Act 1999. The
effect of an exemption is that requirements for writing,
signature, production and retention of documents in that
exempted legislation cannot be satisfied by electronic
communications.
Leasing:
The national cabinet has agreed to a moratorium on evictions
over the next 6 months for commercial tenancies in financial
distress who are unable to meet their commitments due to the
impact of Coronavirus. On 7 April 2020, the national cabinet
agreed the terms of a Commercial Tenancies Code. Notably,
the Code will be given effect through relevant state and territory
legislation and regulation. The Code applies to tenancies
where the landlord or tenant applies for JobKeeper and has a
turnover of $50 million or less. Some key features of the Code
are:
39513192• Landlords must not terminate leases due to non-payment
and rent and Tenants must remain committed to the terms
of their lease.
• Landlords will be required to reduce rent proportional to
tenants' trading reduction either through waivers of rent and
deferrals of rent.
• Landlords must not draw on a tenant’s security for the non-
payment of rent and must freeze rent increases.
The Parliamentary Library have created a detailed summary of
the various stimulus packages. They are the Economic
response to coronavirus—social security measures part 1 and
part 2. The Library has also published summaries reviewing the
JobKeeper wage subsidies and the free childcare funding
arrangements.
Entitlements:
On 8 April 2020, the Fair Work Commission made
determinations varying 99 awards to provide for unpaid
pandemic leave and other amendments.
Essential services (energy, water, rates):
Through the Australian Energy Regulator, the government
released a Statement of Expectations for the energy sector on
27 March 2020. On 9 April 2020, the national cabinet agreed to
work together to adopt a “nationally consistent approach to
hardship support across the essential services for households
and small businesses…for the essential services within their
remit, including water utilities and local governments”.
COVIDSafe app:
The voluntary contract-tracing app COVIDSafe was released
for download on Sunday 26 April 2020. The app collects a
user’s name (pseudonyms are permitted), mobile number,
postcode and age range.
The app operates by recognising other devices with the
COVIDSafe app installed and running and Bluetooth-enabled.
Once recognised, the date, time, distance and duration of
contact is recorded and stored securely on the user’s phone.
Location data is not collected. Data is stored for a period of 21
days. If a COVIDSafe app user tests positive for COVID-19
and provides permission, then state and territory health officials
39513192can use the contact data recorded by the COVIDSafe app to
support contact tracing.
For details on the personal information collected by the
COVIDSafe app, the Department of Health and Digital
Transformation Agency has published a Privacy Policy as well
as the Privacy Impact Assessment commissioned by the
Department.
The authority for the app is s 477 of the Biosecurity Act 2015
(Cth) which gives the Health Minister the power to determine
emergency requirements during a human biosecurity
emergency period.
The app is supported by the Biosecurity (Human Biosecurity
Emergency) (Human Coronavirus with Pandemic Potential)
(Emergency Requirements—Public Health Contact
Information) Determination 2020 made by the Health Minister
on 25 April 2020. The Declaration:
• Restricts the collection, use or disclosure of COVID app
data to specified purposes, including contact tracing by
state and territory health authorities;
• Requires a person’s consent before app data is updated to
the National COVIDSafe Data Store for the purpose of
contract-tracing;
• Prohibits the decryption of encrypted COVID app data, and
prohibits persons requiring other persons to download,
operate or consent to the upload of data.
The Privacy Amendment (Public Health Contact Information)
Act 2020 has now received assent. The Act increases privacy
protections for data collected through the COVIDSafe app by,
among other things, making it an offence to misuse
COVIDSafe data.
Vaccine:
The Prime Minister announced on 16 February 2021 that
the Therapeutic Goods Administration (TGA) has approved
the AstraZeneca COVID-19 vaccine for use in Australia
following a full and thorough assessment process.
New South Wales Legislation:
(NSW)
NSW has enacted the COVID-19 Legislation Amendment
(Emergency Measures) Act 2020 (assented 25 March 2020).
39513192The COVID-19 Act has provisions which related to regulation-
making powers. Issues expressly listed where regulations can
be made include residential tenancies, retail tenancies, and
electronic transactions (allowing for altered arrangements for
the signature of documents, witnessing signatures, including
requirements for certification of certain matters by witnesses
and verification of identity and altered arrangements for the
attestation of documents). Despite the introduction of these
powers, regulations have not yet been made.
NSW has enacted the COVID-19 Legislation Amendment
(Emergency Measures—Attorney General) Bill 2020 (NSW)
(assented14 May 2020). This Act will amend various Acts
administered by the Attorney General in response to the
COVID-19 pandemic. Among these amendments would be to
expand the regulation-making power in the Electronic
Transactions Act 2000 (NSW) s 17. These allow witnessing of
signatures of documents such as affidavits, deeds and
statutory declarations to be done remotely. These will expire at
the end of 2021.
NSW has enacted the COVID-19 Legislation Amendment
(Emergency Measures—Miscellaneous) Act 2020 (NSW)
(assented 14 May 2020). This Act will amend various Acts and
Regulations in response to the COVID-19 pandemic. Some of
these amendments include the modification or suspension of
laws requiring people to hold meetings in person and the
extension of limitation periods to take into account delays
caused by the pandemic.
NSW has enacted the COVID-19 Legislation Amendment
(Emergency Measures—Treasurer) Bill 2020 (NSW) (assented
14 May 2020). This Act will amend various Acts and
Regulations administered by the Treasurer in response to the
COVID-19 pandemic.
Public Health Orders:
The Health Minister has made a number of orders under the
Public Health Act 2010 restricting movement of persons and
requiring the closure of businesses.
In NSW, an order has been put in place permitting construction
work on Saturdays, Sundays and public holidays. The
Environmental Planning and Assessment (COVID-19
Development – Infrastructure Construction Work Days) Order
2020 was remade in essentially the same terms as the
39513192previous order, except for the addition of definitions for
‘approval’ and ‘condition’.
Additional public health orders have been made relating to air
transportation quarantine, maritime quarantine, self-isolation,
aged care facilities, Lord Howe Island and quarantine more
generally.
The Public Health (COVID-19 Gathering Restrictions) Order
2021 commenced 9 April 2021. Under the Order:
– There is no limit on visitors to residential premises.
However, if there are more than 100 visitors, an adult
member of the household must have and comply with
the relevant COVID-19 Safety plan and record visitor
details electronically.
– Most non-residential venues must comply with the 1
person per 2 square metre rule. Venues are allowed to
have 25 people on the premises, before the 2 square
metre rule applies. The occupier of the premises must
have and comply with the relevant COVID-19 Safety
Plan
– Entertainment facilities and major recreation facilities
(indoor and outdoor) can have a maximum of the
greater of one person per 2 square metres of space or
100% fixed seated capacity (and 1 person per 2
square metres in any unfixed seating area outdoors).
The occupier of the premises must have and comply
with the relevant COVID-19 Safety Plan.
– There are no restrictions on singing, including at
places of worship. There are no restrictions on
dancing, including at weddings and in pubs and
nightclubs
– There are no caps on weddings or funerals or
gatherings after a wedding or a funeral but venues
must comply with the 2 square metre rule. The
responsible person must have and comply with the
relevant COVID-19 Safety Plan.
Administrative changes:
NSW has announced the creation of a new NSW Government
agency, NSW Resilience, aimed at co-ordinating the State’s
emergency management policy. See the Administrative
39513192Arrangements (Administrative Changes – Resilience NSW)
Order 2020.
Leasing:
NSW has implemented the National Cabinet’s Mandatory Code
of Conduct – SME Commercial Leasing Principles During
COVID-19 by introducing the Retail and Other Commercial
Leases (COVID-19) Regulation 2020 under the Retail Leases
Act 1994. The regulation prohibits landlords from taking
prescribed actions (including evicting the tenant or
repossessing premises) against impacted tenants on the
ground of a breach for failure to pay rent, outgoings or the
business operating under the lease not being open for
business during the hours specified in the lease. The regulation
also prohibits rent increases and requires landlords to
renegotiate rent in good faith having regard to the leasing
principles set out in the National Code of Conduct. These
protections end on 28 March 2021, but may be subject to
further extension.
The Retail and Other Commercial Leases (COVID-19)
Amendment Regulation 2020 commenced on 3 July 2020. The
amendment limited the application of some provisions in the
Retail and Other Commercial Leases (COVID-19) Regulation
2020 to impacted leases until 31 December 2021.
The Retail and Other Commercial Leases (COVID-19)
Regulation (No 3) 2020 commenced in 1 January 2021 and
extends protections to 28 March 2021 but limits ‘impacted
leases’ to leases entered into before 24 April 2020, requires
that tenants receive JobKeeper and had a 2018/19 turnover of
less than $5 million.
The Residential Tenancies Amendment (COVID-19)
Regulation 2020 restricts the ability of a landlord to terminate a
residential tenancy agreement for non-payment of rent or other
charges. The regulations create a general prohibition on the
giving of termination notices or applications to the tribunal for
termination orders in the 6 months following the
commencement of the regulations, subject to exceptions.
A landlord may give a termination notice or apply for a
termination order if (cl 41C(2)):
• it is done at least 60 days after the commencement of the
regulations, and
39513192• the landlord has participated in good faith, in a formal rent
negotiation process with the impacted tenant, and
• it is fair and reasonable in the circumstances of the case
the for the landlord to give the notice or apply for the order.
The regulation also extends the notice periods required for
terminations in other circumstances. The regulation requires
landlords to give at least 90 days’ notice of the termination of:
• a fixed term tenancy at the end of the term, or
• a periodic tenancy, or
• a tenancy because of a breach of the residential tenancy
agreement (other than non-payment of rent or charges), or
• a tenancy of 20 years or more.
The NSW Government has announced it will extend financial
supports for residential tenants and landlords experiencing
hardship because of the COVID-19 pandemic. The Residential
Tenancies Amendment (COVID-19) (No 2) Regulation 2020
was made to bring about the extension. The Regulation
commences on 16 October 2020.
Economic relief measures:
NSW announced a $2.3 billion health and economic stimulus
package on 17 March 2020, including waivers of payroll tax
and other government fees.
The NSW announced it will put $750 million into a Small
Business Support Fund. The will include the Small Business
Recovery Grant where small businesses were able to apply for
funding up to $3000.
NSW has announced it is waiving a range of licence and permit
fees for business from 12 months. The list of eligible fees and
licences includes, for example, liquor licences, home building
contractor licences, Asbestos removal licences and demolition
licences.
The Local Government (General) Amendment (COVID-19)
Regulation 2020 also permits councils to waive or reduce
certain fees if the category of fees relates to a response to
COVID-19, without having to provide 28 days public notice.
Councils are also able to extend the payment deadline for rates
39513192by one month. It allows councils to publish certain notices
electronically rather than in a newspaper.
The NSW Government announced on 20 September 2020 it
has partnered with the Commonwealth to give workers without
leave entitlements access to the Pandemic Leave Disaster
Payment.
Essential services (fees, rates, duties, taxes):
From Wednesday 1 July 2020, the NSW Government
introduced a 50% fine reduction for people facing financial
hardship.
The State Revenue Legislation Amendment (COVID-19
Housing Response) Act 2020 made various amendments to
State revenue legislation to provide for certain monetary
concessions and exemptions.
The State Revenue Legislation Amendment (COVID-19
Housing Response) Act 2020 (NSW) amends NSW revenue
legislation in regards to stamp duty concessions under the First
Home Buyers Assistance scheme, concessional land tax
treatment for certain build-to-rent properties and payroll tax
exemptions for payments under the Commonwealth’s Aged
Care Workforce Retention Grant Opportunity program.
Landowners may be eligible for a reduction of up to 25% on
land tax if they provide a reduction in rent to a retail tenant
between 1 January 2021 and 28 March 2021.
Electronic signatures:
The Attorney-General has enacted the first regulation made
under s 17 of the Electronic Transactions Act 2000 (NSW).
The Electronic Transactions Amendment (COVID-19
Witnessing of Documents) Regulation 2020 provides in a new
Schedule 1 to the ETA that:
• witnessing of documents can be witnessed by audio-visual
link, provided that the witness is observes the signatory
signing the document in real time, signs a copy, and
endorses the document by stating “that the document was
signed in counterpart and witnessed over audio visual link
in accordance with clause 2 of Schedule 1 to the Electronic
Transactions Regulation 2017”;
• other tasks in relation to witnessing can be performed over
audio-visual link;
39513192• oaths, declarations or affidavits required for s 26 Oaths Act
1900 can be taken or made before an Australian legal
practitioner; and
• the categories of people who are authorised to witness
NSW statutory declarations has also been expanded to
include those authorised by the Statutory Declarations Act
1959 (Cth).
The witnessing and attestation of documents (including deeds)
via audio visual link will continue until 1 January 2022 under
the Stronger Communities Legislation Amendment (Courts and
Civil) Act 2020 No 24 which introduced Part 2B to the
Electronic Transactions Act 2000 (NSW).
The COVID-19 Legislation Amendment (Emergency
Measures—Attorney General) Act 2020 (NSW) expanded the
regulation-making power in s 17 of the Electronic Transactions
Act 2000 (NSW) and extended the repeal of the EP&A
Regulation until 1 March 2022 unless repealed sooner.
The Registrar-General has made the Conveyancing Rules –
(COVID-19 Pandemic) Amendment under s 12E of the Real
Property Act 1900 (NSW), inserting a new Schedule 1 to the
Rules. The rules provide for the electronic signing of
documents for paper registration subject to conditions. A copy
of a document signed electronically in accordance with the
Schedule may be lodged for registration as an original of that
document. A guidance note on executing NSW paper land
dealings during COVID-19 restrictions has also been
published.
Witnessing documents:
The Electronic Transactions Amendment (COVID-19
Witnessing of Documents) Regulation 2020 provides that
documents can now be witnessed and attested by audio visual
link, for example, by using zoom or skype with video. The
documents that can be witnessed by audio visual link include a
will, power of attorney, deed, agreement, enduring
guardianship appointment, affidavit and statutory declaration.
This will continue until 1 January 2022 (as above).
Other legal developments:
The Community Land Management Amendment (COVID-19)
Regulation 2020 commenced 5 June 2020. The regulation
39513192includes altered arrangements for convening, and voting at,
meetings of an association.
The NSW Government announced an $83 million NSW
Planning Reform Action Plan including user friendly e-planning
tools. The new system is intended to assist in the fight against
the economic impact of COVID-19.
The Workers Compensation Amendment (Consequential
COVID-19 Matters) Regulation 2020 establishes presumptive
rights to compensation under the Act in respect of COVID-19
for workers in certain prescribed employment.
Media releases:
The most up to date information can be found in various NSW
Government media releases.
Queensland (QLD) Emergency Declarations:
QLD made an order declaring a public health emergency in
relation to COVID-19 in January 2020. See the Public Health
(Further Extension of Declared Public Health Emergency—
COVID-19) Regulation (No. 7) 2020. QLD also made a
declaration of a Disaster Situation under s 69 of the Disaster
Management Act 2003 on 22 March 2020. The most recent
declaration extended the Disaster Situation for 90 days, to
11:59pm on 31 March 2021.
The Public Health (Declared Public Health Emergencies)
Amendment Act 2020 received assent on 7 February 2020.
The Public Health Regulations were recently amended by the
Public Health (Coronavirus (2019-nCov)) Amendment
Regulation 2020.
QLD Health have issued numerous public health directions.
Legislation:
The QLD Parliament passed the Appropriation (COVID-19) Act
2020 and the COVID-19 Emergency Response Act 2020 on 22
April 2020. The Appropriation Act funds expenditure on
COVID-19 related relief measures that have been announced
previously by the Government. The COVID-19 Emergency
Response Act 2020 includes, among other things explained
under Leasing and Electronic Signatures below:
39513192• Regulation-making powers to permit the modification by
regulation of Acts that require a person to physically attend
places or meetings (s 8);
• Regulation-making powers to permit the modification of
statutory time limits (s 13) as well as the statutory time
limits and other processes in relation to proceedings, such
as making, signing, filing, giving or verifying documents,
presenting indictments, using audio-visual links and
restricting public access (s 15 and 16);
• The appointment of a small business commissioner; (s 19-
22).
On 25 May 2020, the Justice and Other Legislation (COVID-19
Emergency Response) Amendment Act 2020 received royal
assent. The Act includes further measures to respond to the
COVID-19 emergency, including:
• allowing affected registered workers to apply for payment of
all or part of their long service leave
• measures to reduce regulatory burden on businesses and
individuals that are suffering financial and operational
stress due to the public health emergency, and
• clarifying the operation of provisions of the COVID-19
Emergency Response Act 2020 which allow the
modification of statutory time limits.
Leasing:
The Queensland Government has implemented a number of
leasing-related measures including:
• the introduction of a COVID-19 Rental Grant, a one-off
payment of up to 4 weeks rent (19 April 2020). Applications
closed at 5pm on 27 April 2020;
• the introduction of land tax relief measures including
reducing liability by 25% for land tax for property owners
who have provided rent relief to tenants and agree to
comply with the Leasing Principles (note that these
principles are different to the principles in the Commercial
Tenancies Code announced by the Prime Minister).
Applications closed on 26 February 2021.
• the Residential Tenancies Practice Guide COVID-19 for
property owners and tenants, published on 24 April 2020
39513192and updated on 30 September 2020 COVID-19 tenancy
update (with measures in place until 30 April 2021);
• the establishment of the COVID-19 Housing Security Sub-
Committee of the Ministerial Housing Council to oversee
the implementation of the response measures (19 April
2020)
• the making of the Residential Tenancies and Rooming
Accommodation (COVID-19 Emergency Response)
Regulation 2020 on 24 April 2020;
• The Residential Tenancies and Rooming Accommodation
(COVID-19 Emergency Response) Amendment Regulation
2020 commenced on 29 September 2020. The Amendment
Regulation:
o ceases the operation of identified sections of the
Regulation that will prevent lessors and providers
from seeking, and the Tribunal from making, orders
terminating residential tenancy and rooming
accommodation agreements for unremedied
COVID-19 rent arrears after the eviction moratorium
expires on 29 September 2020.
o clarifies that temporary measures implemented to
support the eviction moratorium will also cease to
apply after the eviction moratorium ends on 29
September 2020.
o Extends provisions allowing tenants experiencing
domestic violence to end their tenancies quickly,
against tenants being listed in a tenancy database
for rent arrears caused by COVID-19. Limits on
reletting costs, entry restrictions and relaxed repair
and maintenance obligations until 30 April 2021.
• the making of the Land (COVID-19 Emergency Response –
Waiver and Deferral of Rents and Instalments) Regulation
2020 on 7 May 2020 to create a scheme for the waiver or
deferral of rent for the State’s tenants.
In respect of retail leases and other prescribed leases, s 23 of
the COVID-19 Emergency Act 2020 (QLD) provides for
regulation-making powers, including on matters such as:
• Prohibiting the recovery of possession by a lessor;
prohibiting termination by a lessor; regulating the exercise
or enforcement of lessor’s rights; exempting lessees from
39513192the operation of the Act, lease or other agreements;
requiring parties to have regard to a prescribed standard or
code in negotiating lease disputes; requiring mediators (or
others) to have regard to a prescribed standard or code in
deciding lease disputes; and providing for a dispute
resolution process for dispute over relevant leases.
This regulation-making power was exercised on 28 May 2020
to make the Retail Shop Leases and Other Commercial Leases
(COVID-19 Emergency Response) Regulation 2020. Under the
Regulation, SMEs who are eligible for the JobKeeper program
enjoyed the following relief in relation to retail shop leases or
commercial leases until 30 September 2020:
• a moratorium on eviction or lease termination for certain
breaches of the lease (in particular, failure to pay rent);
• a freeze on rent increases;
• a mandatory reduction in rent;
• mandatory lease extensions if requested by the lessee; and
• a dispute resolution mechanism for disputes arising out of,
or in relation to, the operation of the Regulation.
The Queensland Government’s moratorium on evictions for
commercial leaseholders (Retail Shop Leases and Other
Commercial Leases (COVID-19 Emergency Response)
Amendment Regulation 2020) has been extended to 30 April
2021.
Electronic signatures:
The COVID-19 Emergency Act 2020 (QLD) contains
regulation-making powers set to expire on 30 April 2021 to
permit the modification or suspension by regulation of Acts or
common law rules that deal with:
• (a) the signing of a document by a person;
• (b) the witnessing of signatures;
• (c) the certification of matters by signatories, witnesses or
other persons involved in the making of a document;
• (d) the verification of the identity of individuals;
• (e) the attestation of a document;
• (f) the production of a document by a person;
39513192• (g) the making of a document in a particular form or way;
• (h) the following of particular processes for making a
document;
• (i) the making or signing of a document or certification of a
matter by a particular person or class of persons;
• (j) the inclusion of particular content in a document;
• (k) the recording of information;
• (l) the filing, lodgement, giving or service of a notice or
other document;
• (m) the sighting of a document by a person for a particular
purpose;
• (n) the publication or display of a notice or advertisement
for a particular purpose;
• (o) the retention of documents or information.
The Justice Legislation (COVID-19 Emergency Response –
Wills and Enduring Documents) Regulation 2020 includes
special provisions for the witnessing and substituted signing of
wills and enduring documents by audio-visual link.
The Justice Legislation (COVID-19 Emergency Response —
Wills and Enduring Documents) Amendment Regulation 2020
extends the special measures for the witnessing of wills and
enduring documents to the witnessing of affidavits,
declarations, oaths and affirmations, deeds, general powers of
attorney and particular mortgages. The measures include:
• allowing documents to be witnessed or substitute signed
over audio-visual link
• allowing oaths to be administered by a special witness
• allowing deeds and certain mortgages to be electronically
signed
• requiring a jurat of an affidavit or a declaration signed
electronically to state certain matters, and
• requiring counterparts of affidavits or declarations signed
electronically to be kept and allowing the counterparts to be
relied upon as evidence of the affidavit or declaration in
court.
39513192Stimulus packages:
The Queensland Government has announced a $4 billion
economic stimulus package.
On 19 May 2020, the Queensland Government announced
further stimulus measures as part of its Economic Recovery
Strategy.
See the full list of media releases.
Essential services (fees, rates, duties, taxes):
SMEs may be entitled to payroll tax refunds, a payroll tax
holiday and deferral, and a $500 rebate automatically applied
to electricity bills. Businesses renting government-owned
premises are entitled to rent relief. Where applicable, the
government has waived liquor licensing fees and has offered
rebates for marina and jetty fees. In addition, the government
has also waived state land rent for farmers, businesses,
tourism operators and community and sports clubs for six
months.
The government has also announced that all Queensland
households will receive a $200 rebate to offset the cost of
water and electricity bills.
Other legal developments:
The Planning (COVID-19 Emergency Response) Regulation
2020 modifies provisions of the Planning Act 2016 concerning
public notification and public access to documents. The
amendment to the Planning Regulation 2017 allows local
governments to adopt an economic support instrument for their
local government area.
The Economic Development (COVID-19 Emergency
Response) Regulation 2020 modifies provisions of the
Economic Development Act 2012 concerning public notification
and public access to documents.
The Justice Legislation (COVID-19 Emergency Response—
Proceedings and Other Matters) Regulation 2020 modifies
provisions of various Justice Acts including providing for the
use of audio visual links for particular proceedings.
The Education Legislation (COVID-19 Emergency Response)
Regulation 2020 modifies various Education Acts including
extension of particular periods.
39513192South Australia Legislation and Regulations:
(SA)
The COVID-19 Emergency Response Act 2020 has come into
force it expires on 6 February 2021 or 28 days after the day on
which all relevant declarations relating to the outbreak of
COVID-19 within SA have ceased.
• The COVID-19 Emergency Response Residential
Tenancies Expiry Notice 2020 commenced on 2 July
2020 and as such, s 8(1)(c) of the COVID-19
Emergency Response Act 2020 requiring landlord to
conduct inspections by audiovisual or other electronic
means also expired.
The COVID-19 Emergency Response (Further Measures)
Amendment Act 2020 amended the COVID-19 Emergency
Response Act 2020 and related amendments to the
Development Act 1993 and the Training and Skills
Development Act 2008. The Act includes measures speeding
up infrastructure projects, ensuring clarity in disputes between
commercial landlords and tenants, better supports for mental
health and disability clients and moves to better ensure the
electricity supply.
The Legislation Revision and Publication (Emergency
Management and Other Directions) Variation Regulations 2020
varies the Legislation Revision and Publication Regulations
2017 to include COVID-19 emergency and public health
directions or requirements within the meaning of legislation for
the purpose of publishing legislation.
The COVID-19 Emergency Response (Section 16)(No 1)
Variation Regulations 2020 inserted into the regulation a
provision which suspends some of the requirements under
sections 128(5)(a), 128(1) and 267 of the Real Property Act
1886 relating to the execution of a mortgage.
The Gas (Retailer Energy Efficiency Scheme) (Public Health
Emergency) Variation Regulations 2020 and Electricity
(General) (Retailer Energy Efficiency Scheme) (Public Health
Emergency) Variation Regulations 2020 commenced 9 July.
These Regulations provide special arrangements for COVID-19
public health emergency.
The COVID-19 Emergency Response (Further Measures) (No
2) Amendment Act 2020 was assented on 24 Jul 2020. The Act
amends the Criminal Law Consolidation Act 1935 and Health
Practitioner Regulation National Law (South Australia) Act
395131922010 concerning the assault of emergency workers and
requirements for operating a pharmacy.
The Emergency Management (Quarantine Fees and Penalty)
Amendment Act 2020 was assented on 24 Jul 2020. The Act
makes prescribed persons liable for fees relating to quarantine
during declared emergencies.
General declarations:
SA issued a Declaration of Major Emergency pursuant to s
23(1) of the Emergency Management Act 2004 (SA) on 22
March 2020 for a period of 14 days. The State Co-ordinator for
the emergency is the Commissioner of Police, empowered to
make certain directions under the Act. Extension of Major
Emergency Declarations have been made effective from 2
April, 2 and 30 May, 27 June, 25 July, 22 August, 17 October
2020 and 6 March 2021.
The Commissioner of Police has numerous current directions
under the Act, including restrictions on gatherings and
operation of non-essential businesses. Other directions relate
to cross-border travel, overseas quarantine and residential
aged care facilities. The emergency declarations and directions
are being updated on the SA Government’s COVID 19
webpage.
SA have declared COVID-19 to be a notifiable and controlled
notifiable condition.
On 21 May 2020, the COVID-19 Emergency Response
(Section 14) (No 1) Variation Regulations 2020 were published
in the Gazette. The Regulations extend time limits in various
Acts, including the period for holding an annual general
meeting in the Associations Incorporation Act 1985.
See SA’s relevant declarations and legislative changes.
Economic assistance measures:
The SA Premier has also announced a $650 million Jobs
Rescue Package. The fund includes a Business and Jobs
Support Fund and Community and Jobs Support Fund. This
include providing payroll tax relief and waiving certain fees.
Other economic relief measures include providing one-off
emergency cash grants.
On 4 May 2020, it was announced more than 1000 small
businesses and not-for-profits impacted by COVID-19
39513192restrictions will receive a one-off $10,000 emergency cash
grant.
On 11 June 2020, the Premier announced a $520 m reduction
in SA Water’s regulated asset base from 1 July, which is
projected to save the average household approximately $200
and the average business approximately $1350 on water bills
each year. The measure is part of the State’s economic
stimulus response to COVID-19.
On 24 June 2020, the Commonwealth and SA Governments
will support construction jobs across South Australia by jointly
investing an additional $145 million to deliver shovel-ready
infrastructure projects and urgent road safety upgrades.
A Paid Pandemic Leave Scheme will be introduced in South
Australia. The Scheme will offer payments of up to $1,500 for
eligible workers who are required to quarantine.
South Australia has declared reforms to its land tax, delivering
more than $200 million in savings on land tax over three years.
These changes come into effect in July.
Media releases:
More media releases are available on the Premier’s website.
Leasing:
S 7 of the COVID-19 Act deals specifically with commercial
leases. S 7 prohibits the termination of a commercial lease if a
tenant has failed to pay rent due to financial hardship resulting
from COVID-19. The legislation also outlines a disputes
mechanism. The COVID-19 Emergency Response (Further
Measures) Amendment Bill 2020 would substitute a new s 7
into the COVID-19 Act. Its operation has been extended to 6
February 2021.
The COVID-19 Emergency Response (Commercial Leases No
2) Regulations 2020 replaced the COVID-19 Emergency
Response (Commercial Leases) Regulations 2020. Regulation
No 2 implements temporary measures to apply to parties to
certain commercial leases related to circumstances brought
about by the COVID-19 pandemic; and provides for
mechanisms to resolve disputes concerning those leases. It
has been extended until 3 January 2021.
S 8 of the COVID-19 Act relates to residential tenancies. It
prevents the increase of rent, prohibits in-person inspections
39513192and prohibits terminating a lease for failing to pay rent if the
tenant is suffering financial hardship as a result of Covid-19.
South Australia has also announced a land tax relief package
for landlords, modelled on similar land tax relief packages in
NSW and Victoria. Landlords will be required to pass on the full
benefit of the land tax relief to their tenants impacted by
COVID-19 restrictions. On 8 September 2020 South Australia
announced that the scheme would be expanded and extended
until the end of April 2021.
On 5 June 2020, the SA Government announced a scheme of
grants of up to $1,000 for residential tenants who have been
adversely affected by COVID-19. On 29 August 2020 the SA
Government announced the expansion of eligibility for this
scheme. The requirement for the tenant to be receiving
JobSeeker or JobKeeper has been removed. The grants will be
payable to landlords who provide up to $1,000 in rent relief
(with the amount of the grant scaling with the amount of rent
relief) to tenants who have less than $5,000 in savings and pay
more than 30 percent of income in rent, and can demonstrate
one of the following:
o loss of employment;
o reduction in working hours of 20 percent or
more;
o reduction in wages of 20 per cent or more; or
o operated as a sole trader business which was
either suspended or experienced a reduction in
turnover or 20 per cent or more.
Electronic signatures:
S 14 of the COVID-19 Act allows the Governor by regulation to
modify an instrument relating to the preparation, signing,
witnessing, attestation, certification, stamping or other
treatment of any document.
S 17 of COVID-19 Act provides that a legal requirement that
meetings or transactions have 2 or more persons physically
present will be satisfied if the persons meet, or the transaction
takes place, remotely using audio visual/audio or other
communication methods prescribed by the regulations. The
regulations provide that this does not apply to a requirement
that a person be physically present to witness the signing,
39513192execution, certification or stamping of a document or to take
any oath, affirmation or declaration in relation to a document.
S 19 of the COVID-19 Act provides a general regulation
making power.
S 20 of the COVID-19 Act provides a general transitional
regulation making power if a previous measure expires.
The Attorney General has made regulations expanding the list
of people who can witness SA statutory declarations consistent
with the Statutory Declarations Act 1959 (Cth).
Essential services (fees, rates, duties, taxes):
The Local Government (Public Health Emergency) (Rate
Relief) Amendment Bill 2020 (SA) was introduced into the
House of Assembly on 13 May. This Bill would rebate 100% of
rates on land being used for the purposes of a business or not-
for-profit organisation whose activities on the land cease or are
restricted as a result of a relevant direction made due to the
outbreak of the human disease named COVID-19.
Travel Restrictions
The SA government has announced the lifting of border
restrictions with Greater Melbourne from Friday 26 February.
People will be allowed to travel between South Australia and
Victoria without the need to undergo quarantine or mandatory
testing.
Tasmania Emergency declaration and orders:
Tasmania announced a state of emergency on 17 March 2020.
The declaration provides the Director of Public Health with
emergency powers. The emergency declaration has been
extended for a further 12 weeks commencing on 13 February
2021.
Various declarations under the Public Health Act have been
made, including mandating isolation for all visitors to Tasmania
at an accommodation facility specified by an authorised officer,
restricting air travel and intrastate travel to certain islands.
Legislation:
The parliament passed the COVID-19 Disease Emergency
(Miscellaneous Provisions) Act 2020. The most relevant parts
39513192relating to tenancies and electronic signing of documents are
below.
On 30 April 2020 Tasmania introduced a second Bill to deal
with COVID-19 issues. The COVID-19 Disease Emergency
(Miscellaneous Provisions) Act (No. 2) 2020 deals with various
matters including upcoming legislative council periodical
elections, infringement notices, taxis and the duration of
emergency declarations. The COVID-19 Disease Emergency
(Miscellaneous Provisions) Act 2020, passed on 27 March
2020, remains the key legislative response to COVID-19 for
Tasmania.
On 22 June 2020, the Tasmanian Government announced
Commonwealth Home Builder grants and the equivalent State
Government grants, which will provide purchasers of new
homes in Tasmania a $45,000 subsidy. This has been
extended to 31 March 2021.
Leasing
Section 22 of the Covid-19 Act relates to leases. It provides
that ‘despite any provision of a lease, other than a lease to
which the Residential Tenancy Act 1997 applies, a lease that is
within a class of leases specified in the notice must not, within
the emergency period, be terminated, and the rent payable
under the lease may not be increased in the circumstances set
out in the notice.’
S 38A also relates to residential leases. It states, ‘an owner or
tenant of residential premises to which a fixed term lease
applies may apply to the Commissioner for an order declaring
that the lease is terminated.’ It then sets out the process of
allowing termination in case of severe Covid-19 related
hardship.
On 3 April, the Premier made a declaration that ‘despite any
provision of a lease, in relation to premises, that is a residential
tenancy agreement … the lease may not be terminated within
the emergency period.’ On 22 April, the Minister for Building
and Construction issued another Notice under s 22 of the
COVID-19 Disease (Emergency Provisions) Act 2020 to
prevent residential rent increases. This is in addition to the
Notice preventing residential evictions.
A declaration made on 9 April 2020 prohibits the termination of
a lease for unpaid rent for commercial tenancies where the
39513192tenant’s turnover is not more than $50,000,000. The
declaration also suspends rent increases, except for increases
provided for under the lease due to increased turnover.
The emergency period for residential tenancies and the
financial hardship period for commercial tenancies came to an
end on 31 January 2021, but financial support already offered
through the Rent Relief Fund and Landlord Support Fund was
extended to 31 March 2021.
On 27 January 2021, the Tasmanian Government announced
further support changes for tenants and landlords. With
residential rental protections and the financial hardship period
for commercial tenancies ending on 31 January 2021, the
government has extended support already offered through the
Rent Relief Fund and Landlord Support Fund. In addition, the
Residential Tenancy Act 1997 will allow for rent arrears
payment orders to be issued by the Residential Tenancy
Commissioner to allow landlords to recoup any remaining
rental arrears accrued during the COVID-19 emergency period.
On 3 June 2020, the COVID-19 Disease Emergency
(Commercial Leases) Act 2020, which is intended to implement
the provisions of the national code of conduct for commercial
tenancies, came into force. The Act provides the following relief
in relation to ‘protected leases’ (where the lessee is eligible for
the JobKeeper program and has annual turnover of less than
$50m):
• a moratorium on eviction or lease termination for certain
breaches during the ‘financial hardship period’ (12 months
from the Commencement Date or an earlier point
determined by the Treasurer);
• mandatory lease extensions if requested by the lessee;
• a freeze on rent increases;
• a mandatory reduction in rent in accordance with the
principles set out in the Code; and
• a dispute resolution mechanism for disputes arising out of,
or in relation to, the operation of the new legislation or the
Code.
From 1 April to 30 June 2021, the Tasmanian Government will
extend financial support for tenants and landlords.
39513192• Residential Rental Relief Fund: Residential tenants,
who have previously been approved for rental relief are
eligible to apply for a fifth round of financial help until 30
June 2021. A tenant can apply and receive the same
amount which was previously approved and paid.
• Landlord Support Fund: The Fund is a one-off payment
available to landlords who have current residential
leases and tenants who have fallen behind in paying
rent due to the COVID-19 pandemic. A landlord can
access financial support to the value of rent in arrears,
up to $2000 (capped at $2000 per landlord), whichever
is the lesser amount.
Electronic signatures:
S 17 of the COVID-19 Disease Emergency (Miscellaneous
Provisions) Act 2020 relates to Authorisation to take actions
electronically. It permits the Minister to declare, by notice, that
an electronic signature or document may satisfy the
requirements of any relevant legislative instrument specified in
the notice.
On 3 April 2020, a Notice under s 17 was issued to permit the
use of electronic signatures and documents in relation to local
government activities that are currently required to be taken by
means of a physical action. It applies to specified provisions in
the Local Government Act 1993 (TAS) and the Local
Government (Meeting Procedures) Regulations 2015 (TAS).
On 27 June 2020, a Notice under s 17 was issued to allow
specified documents to be served, signed and witnessed
electronically.
These provisions will expire on 8 June 2021.
Economic relief measures:
Tasmania has enacted the Taxation and Related Legislation
(Miscellaneous Amendments) Act 2020 (Tas) which empowers
the Minister to waive payroll tax paid to an employee, or
specific class of employee, and to waive other administrative
requirements under the Payroll Tax Act 2008. An order under
the Payroll Tax Act 2008 was made on 9 April 2020. The
Payroll Tax (Pandemic) Order 2020 waives payroll tax for
certain business, including small and medium businesses and
certain businesses involved in tourism, hospitality and seafood
industries. Tasmania has also waived payroll tax for employees
39513192receiving JobKeeper payments under the Payroll Tax
(Pandemic) Order (No. 2) 2020.
Tasmania has announced further support for Tasmanian small
businesses through Emergency and Hardship Grants.
Tasmania has announced that Round Two of the Small
Business Continuity Grant Program will be extended for a
further four weeks until 2 October 2020, or when available
funding has been allocated – whichever is first.
Tasmania has announced the next quarterly energy bill will be
waived. Energy prices will also be capped for 12 months.
The Tasmanian Government has announced a stimulus
package amounting to nearly $1 billion. See the breakdown of
where the funds are going.
Tasmania has announced financial support for Temporary Visa
Holders experiencing financial hardship due to COVID-19,
including through one-off grants.
The Government has announced it is establishing a Rent Relief
Fund to provide $2,000 or four weeks’ rent to eligible tenants
suffering extreme hardship due to COVID-19. On 4 September
2020, the Government announced an extension of the Fund to
1 December 2020. Tenants who have already received
financial help can apply for a second rental extra support
payment up to a maximum of $2,000 if their circumstances
have not changed.
A COVID-19 Landlord Support Fund starting from 7 September
until 1 December 2020 will allow landlords who have current
residential tenants in rent arrears to access up to four weeks
rent to a maximum of $2000 in financial relief.
Under the HomeBuilder Grants Act 2020, new home builders
may be eligible for up to $45,000 in grants from the
Commonwealth and State governments.
Under the Land Tax Amendment Act 2020, Tasmanian
businesses which have been adversely impacted by COVID-19
may be exempted from land tax.
The Prime Minister and Premier of Tasmania announced a
$1,500 Pandemic Leave Disaster Payment for eligible
Tasmanian workers if they cannot work because they need to
self-isolate or quarantine.
39513192The Tasmanian Government announced a $60 million
Business Growth Loan Scheme. The scheme provides
businesses with concessional loan funding to adapt and
transition to sustainable post-COVID operating models. Loans
from $20,000 to $3 million are available for eligible businesses
and new projects. The scheme is open for 12 months or until all
funding has been fully allocated, whichever occurs first.
On 28 October 2020, the Minister for Small Business,
Hospitality and Events announced that Tasmania is launching
a new small Business Advice for Recovery Grant program. It
aims to directly help Tasmanian small businesses engage an
appropriate consultant to provide advice or services that will
assist the business its recovery from the pandemic.
Media releases:
See the most up-to-date Tasmanian Government media
releases. Updates are also available on the dedicated
Tasmanian coronavirus website.
Victoria Roadmap to easing restrictions:
On 6 September 2020 the Premier announced the roadmap for
easing restrictions in the State.
Legislation:
The State Taxation Acts Amendment (Relief Measures) Act
2020 and COVID-19 Omnibus (Emergency Measures) Act
2020 have received assent. The Omnibus Act is 301 pages
long and covers key matters including:
Implementing National Cabinet tenancy reforms;
Regulation-making powers to modify requirements related
to legal documents, statutory timeframes, procedural
matters, court proceedings – both criminal and civil;
Amendments to provisions relating to hospitals, health,
planning permits and panels, and workers compensation;
Amendments to court, corrections and legal system
procedures and processes – including judge-only trials,
greater power to Magistrates Courts, family and personal
violence orders, quarantine orders for prisons and youth
justice facilities, care proceedings in the Children’s Court
etc.
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