COVID-19 : NOVEL CORONAVIRUS

WEDNESDAY 20 MAY 2020

Please find below a selection of recent legislation changes relating to COVID-19 and communications for workplaces from key safety and environmental regulators in Australia and New Zealand. 


This update is intended to be provided on a weekly basis.


LEGISLATION CHANGES


Please note: the legislation in this update was current at time of release. Legislation around COVID-19 is being frequently updated and revoked. The URLs provided may no longer be maintained by the relevant legislative website, after the release date.


Aged Care Legislation Amendment (Emergency Leave) Act 2020

  • Amends the law in relation to leave from residential care services.


Air Navigation (Exemption for Commercial Non-Scheduled Flights) Amendment Determination 2020

  • Removes exemptions for single charter flights carrying passengers where the seating capacity of the aircraft exceeds 80 persons, while the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 remains in force.


Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Variation (Extension) Instrument 2020

  • Varies the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 to extend the human biosecurity emergency period for a further 3 months.


CASA EX83/20 - Aeronautical Knowledge Examinations (Extension of Time Due to COVID-19) Exemption 2020

  • Provides relief for persons who have started the aeronautical knowledge examination process but who may be unable to complete the process within the prescribed period of 2 years due to COVID‑19 restrictions.


Coronavirus Economic Response Package (Deferral of Sunsetting - Income Management and Cashless Welfare Arrangements) Determination 2020

  • Extends the end date for the Cashless Debit Card trial in all existing sites and Income Management in the Cape York region from 30 June 2020 to 31 December 2020.


Guarantee of Lending to Small and Medium Enterprises (Coronavirus Economic Response Package) (Minister) Amendment Delegation 2020

  • Amends the Guarantee of Lending to Small and Medium Enterprises (Coronavirus Economic Response Package) (Minister) Delegation 2020.


Privacy Amendment (Public Health Contact Information) Act 2020

  • Amends the Privacy Act 1988.

COVID-19 Emergency Response Legislation Amendment Act 2020

  • Gives urgent effect to Commonwealth agreements and ensures immediate operational requirements are able to come into effect to allow the Government to adapt to additional and extraordinary measures implemented as a result of the COVID-19 pandemic.


Motor Accident Injuries (COVID-19) Guidelines 2020

  • Deals with matters not already covered by the Motor Accident Injuries Act 2019 and in some instances modifies guidelines made for various purposes under the Act.


Public Health (Closure of Non-Essential Business or Undertaking) Emergency Direction 2020 (No 7)

  • Prohibits the operation of non-essential businesses and undertakings in order to limit the spread of COVID-19.


Public Health (Residential Aged Care Facilities) Emergency Direction 2020 (No 2)

  • Provides for restricted access to residential aged care facilities in order to limit the spread of COVID-19.


Public Health (Returned Travellers) Emergency Direction 2020 (No 5)

  • Directs persons to quarantine following overseas travel.

COVID-19 Legislation Amendment (Emergency Measures - Attorney General) Act 2020

  • Amends various Acts administered by the Attorney General in response to the COVID-19 pandemic.


COVID-19 Legislation Amendment (Emergency Measures - Miscellaneous) Act 2020

  • Amends various Acts and Regulations in response to the COVID-19 pandemic.


COVID-19 Legislation Amendment (Emergency Measures - Treasurer) Act 2020

  • Amends various Acts and Regulations administered by the Treasurer in response to the COVID-19 pandemic.


Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 2) 2020

  • Revokes and remakes the Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2020 to ease certain restrictions.

Disaster Management (Further Extension of Disaster Situation - COVID-19) Regulation (No. 3) 2020

  • Further extends the period of the disaster situation declared for the whole of the State of Queensland on 22 March 2020.


Explosives Legislation (COVID-19 Emergency Response) Regulation 2020

  • Provides relief for certain fireworks contractors and fireworks operator licence holders, more flexibility for renewal of shotfirer occupational explosive licences and for exploration tenure holders, and economic relief to the resource exploration industry.


Health (Drugs and Poisons) Amendment Regulation 2020

  • Implement telehealth arrangements, which will strengthen Queensland’s capacity to contain and respond to the spread of COVID-19 within the community and to reduce administrative burden on healthcare providers during the pandemic.


Justice Legislation (COVID-19 Emergency Response - Wills and Enduring Documents) Regulation 2020

  • Prescribes modified requirements or arrangements, which will apply in addition to existing requirements, for the making, signing and witnessing of wills under the Succession Act 1981 and enduring documents under the Powers of Attorney Act 1998.


Nature Conservation and Other Legislation (COVID-19: Fee Waiver) Amendment Regulation 2020

  • Provides a mechanism for the daily activity/passenger fees levied by the Department of Environment and Science on commercial tour operators using protected areas, recreation areas and State forests not to be charged during the period 1 February 2020 to 31 July 2020.


Public Health (Further Extension of Declared Public Health Emergency - COVID-19) Regulation (No. 3) 2020

  • Extends the period of the declared public health emergency to allow for emergency powers to be used to reduce the risk of COVID-19 spreading.

COVID-19 Emergency Response (Commercial Leases No 2) Regulations 2020

  • Implements temporary measures to apply to parties in certain commercial leases related to circumstances brought about by the COVID-19 pandemic, and provide mechanisms to resolve disputes concerning those leases.


COVID-19 Emergency Response (Further Measures) Amendment Act 2020

  • Amends the COVID-19 Emergency Response Act 2020 and to make related amendments to the Development Act 1993 and the Training and Skills Development Act 2008.

COVID-19 Disease Emergency (Commercial Leases) Act 2020

  • Provides for special measures, related to the social and financial effects of the COVID-19 disease, in relation to commercial leases.


Directions in Relation to Persons Arriving in Tasmania

  • Directs persons arriving in Tasmania to answer certain questions, self-isolate at certain accommodation and comply with lawful directions of an authorised officer.


Direction Under Section 16 of the Public Health Act 1997 (Hospitals - No. 3)

  • Directs persons not to enter or remain on the premises of a hospital except in certain circumstances.


Direction Under Section 16 of the Public Health Act 1997 (Residential Aged Care Facilities - No. 4)

  • Directs persons not to enter or remain on the premises of a residential aged care facility except in certain circumstances.


Emergency Management Regulations 2020

  • Prescribes failure to comply with a lawful requirement or direction of an emergency management worker as an offence for which an infringement notice may be issued.


Exercise of Special Emergency Powers

  • Directs that specified classes of persons be made available for emergency management until further notice.


Extension of Emergency Declaration

  • Further extends the public health emergency declared on 7 April 2020 to 11 May 2020.


Notice Under Section 16 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020

  • Declares that, despite section 59E of the Poisons Act 1971, the period that an authority under that section is to remain in force is extended by a further period of 6 months in certain circumstances.


Notice Under Section 23 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020

  • Provides that certain fees under the Fire Service Act 1979 for the 2020/2021 financial year will not be altered from the amounts payable in the 2019/2020 financial year.


Notice Under Section 23 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020

  • Provides that certain annual administration fees under the Taxi and Hire Vehicle Industries Act 2008 are not payable by certain persons.


Public Health (Infringement Notices) Amendment Regulations (No. 2) 2020

  • Prescribes a failure to comply with a direction from the Director under Section 42(1) of the Public Health Act 1997 as an offence for which an infringement notice may be issued.

COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020

  • Modifies the application of various provisions of certain Acts to further provide for electronic signatures, witnessing the signing of documents by audio visual link, and related matters.


Residential Tenancies (COVID-19 Emergency Measures) Regulations 2020

  • Prescribes the Residential Tenancies Dispute Resolution Scheme in relation to resolving certain disputes for the purpose of responding to the COVID-19 pandemic. 

Extension of State of Emergency Declaration

  • Extends the state of emergency made on 15 March 2020.

COVID-19 Public Health Response Act 2020

  • Supports a public health response to COVID-19.


COVID-19 Public Health Response (Alert Level 2) Order 2020

  • Prevents, and limits the risk of, the outbreak or spread of COVID-19 by putting in place obligations in relation to businesses and services, and gatherings.


Credit Contracts and Consumer Finance (Exemptions for COVID-19) Amendment Regulations (No 2) 2020

  • Provides exemptions for certain non-bank lenders from certain requirements of the Credit Contracts and Consumer Finance Act 2003 where the debtor has been impacted by the effects of COVID-19.


Health Act (COVID-19 Alert Level 3) Amendment Order (No 2) 2020

  • Adds certain types of businesses to the list of category B businesses in Part 2 of Schedule 2 to the Health Act (COVID-19 Alert Level 3) Order 2020.


Health Act (COVID-19 Alert Level 3) Amendment Order (No 3) 2020

  • Enables necessary work to be undertaken in certain restricted premises from 1 pm on 12 May 2020 in order to prepare the premises for opening.


New Zealand Business Number (Organisation Parts Data) Order 2020

  • Adds information concerning organisation parts to the lists of information in Schedule 4 of the New Zealand Business Number Act 2016.


Notice of National Transition Period

  • Gives notice of a national transition period over the whole of New Zealand owing to the impacts of COVID-19.


Notice of the Electricity Industry Participation Code Amendment (COVID-19 Deferred Payment of Distribution Charges) 2020

  • Provides for qualifying traders to have additional time to pay for provision of distribution services under their agreements with certain distributors, and restricts the ability of distributors to change the prudential security required from the qualifying traders.

FROM THE REGULATORS











That completes this edition of the COVID-19 update. The next update will be released on Wednesday 27 May 2020.