COVID-19 : NOVEL CORONAVIRUS
WEDNESDAY 29 APRIL 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.
AFCA Scheme Authorisation (Additional Condition) Amendment 2020
- Amends the AFCA Scheme Authorisation 2018 to provide for COVID-19 economic response, among other things.
ASIC Corporations (Amendment) Instrument 2020/396
- Amends the ASIC Corporations (Exempt Proprietary Companies) Instrument 2015/840 to preserve the grandfathered status of certain proprietary companies that use the relief under the primary instrument.
ASIC Corporations (COVID-19 - Distribution of Debit Cards) Instrument 2020/401
- Facilitates authorised deposit-taking institutions providing their existing customer bases with debit cards.
- Implements temporary measures aimed at facilitating financial reporting by unlisted entities whose reporting processes take additional time due to current remote work arrangements, travel restrictions and other impacts of COVID-19.
- Amends the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements for Remote Communities) Determination 2020 to prevent or control the entry or spread of COVID-19 in Queensland, Western Australia, South Australia and the Northern Territory.
- Imposes requirements on data collected through the COVIDSafe App and any use or disclosure of COVIDSafe App data.
- Amends an existing exemption from certain provisions of Part 61 of the Civil Aviation Safety Regulations 1998 to accommodate recent impacts from the effects of the COVID-19 pandemic.
- Continue to deal with other emerging impacts of the COVID-19 pandemic through exemptions.
Child Care Subsidy Amendment (Coronavirus Response Measures No. 3) Minister's Rules 2020
- Ensures that, as part of the Early Childhood Education and Care Relief Package, child care providers are not able to charge fees and receive associated CCS during the period that BCP is payable.
- Sets out alternative decline in turnover tests where there is not an appropriate relevant comparison period in 2019 for the purpose of an entity in the class of entities satisfying the decline in turnover test in subsection 8(1) of the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020.
Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No. 1) 2020
- Provides a mechanism to allow authorised deposit-taking institutions to confirm that notices have been provided by the Commissioner of Taxation to entities concerning their election to participate in the JobKeeper payment program.
- Amends the Schedule to the National Health (Electronic National Residential Medication Chart Trial) Special Arrangement 2018 to allow additional residential aged care facilities to participate in a trial.
Public Health (Jervis Bay Territory) Emergency Declaration 2020
- Declares that a public health emergency exists in the Jervis Bay Territory.
Public Health (Jervis Bay Territory) Emergency Declaration Extension 2020 (No. 1)
- Extends the period during which the Public Health (Jervis Bay Territory) Emergency Declaration 2020 is in force by 90 days.
Social Security (Coronavirus Economic Response - 2020 Measures No. 4) Determination 2020
- Modifies the Social Security Act 1991 in relation to the partner income reduction rate for jobseeker payment by reducing it from 60 per cent to 25 per cent of the person’s partner income excess.
Social Security (Coronavirus Economic Response - 2020 Measures No. 6) Determination 2020
- Provides for recipients of widow allowance, partner allowance and special benefit under the social security law to receive the COVID-19 supplement from 27 April 2020.
Therapeutic Goods Amendment (Declared Goods) Order (No. 1) 2020
- Provides greater clarity with respect to the long-standing regulatory status of certain non-sterile personal protective equipment or safety apparel (“non-sterile PPE”) in Australia.
Therapeutic Goods Amendment (Excluded Goods) Determination (No.1) 2020
- Provides greater clarity with respect to the long-standing regulatory status of certain non-sterile personal protective equipment or safety apparel (“non-sterile PPE”) in Australia.
Therapeutic Goods (Medical Devices - Specified Articles) Instrument 2020
- Provides greater clarity with respect to the long-standing regulatory status of certain non-sterile personal protective equipment or safety apparel (“non-sterile PPE”) in Australia.
Torres Strait Regional Authority (Postponement of Election) Instrument 2020
- Provides that the Minister may, by legislative instrument, make provision for and in relation to how the Torres Strait Regional Authority (TSRA) is to be constituted.
Veterans’ Children Education Schemes (COVID-19 Supplement) Amendment Determination 2020
- Temporarily increases payments to certain recipients receiving benefits under the Veterans’ Children Education Scheme and the MRCA Education and Training Scheme.
Residential Tenancies (COVID-19 Emergency Response) Declaration 202
- Introduces a 3-month moratorium on evictions for those unable to meet their residential tenancy commitments due to the impact of COVID-19 and allows for the Minister to extend that period up to a further 3 months.
Child Protection (Working with Children) Amendment (COVID-19 Proof of Identity) Regulation 2020
- Exempts, for a limited time, an authorised carer, or a person who resides at the authorised carer’s home or at a home where a family day care service is provided, from providing proof of identity at a motor registry or Government Access Centre in connection with an application for a working with children check clearance.
Constitution (COVID-19 Emergency Measures) Regulation 2020
- Provides for meetings of the Executive Council to be held in person or by means of a teleconference or video conference for 6 months during the COVID-19 pandemic.
Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020
- Provides for alternative methods of witnessing documents and making oaths, declarations and statutory declarations.
Local Government (General) Amendment (COVID-19) Regulation (No 2) 2020
- Delays by 2 months, in response to the COVID-19 pandemic, the time within which the Remuneration Tribunal is required to determine the fees to be paid during the following year to councillors and mayors.
Order issued by the Environment Protection Authority under section 115 of the Pesticides Act 1999
- Provides temporary relief from specific training requirements, in specific circumstances, while the COVID-19 pandemic is being managed.
Retail and Other Commercial Leases (COVID-19) Regulation 2020
- Provides for prohibitions and restrictions relating to commercial leases, the obligation to renegotiate rents and other commercial lease terms before certain actions and dispute resolution, among other things.
Public and Environmental Health Legislation Amendment Act 2020
- Amends the Public and Environmental Health Act 2011 and Public and Environmental Health Regulations 2014.
Tenancies Legislation Amendment Act 2020
- Amends the Business Tenancies (Fair Dealings) Act 2003 and Residential Tenancies Act 1999.
COVID-19 Emergency Response Act 2020
- Implements a second stage of reforms to address the COVID-19 emergency, including (among other things) establishing a power to make emergency regulations for the residential tenancy and rooming accommodation sectors, facilitating implementation of good faith leasing principles and establishing a legislative modification framework.
Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020
- Makes changes to ensure the stability of residential tenancies and rooming accommodation during the COVID-19 pandemic, and implements a moratorium on evictions for certain tenants and residents who suffer excessive hardship because of the COVID-19 pandemic, among other things.
COVID-19 Emergency Response Act 2020 - Guidelines under Clause 4 of Schedule 1
- Establishes guidelines with which certain power for the detention of protected persons must be exercised.
Direction Under Section 16 of the Public Health Act 1997 (Gatherings (North-West Region) - No. 1)
- Restricts the operation of certain retail or commercial premises and services.
Direction Under Section 16 of the Public Health Act 1997 (Gatherings - No. 7)
- Restricts the operation of certain premises and services.
Direction Under Section 16 of the Public Health Act 1997 (Mersey Community Hospital - No. 1)
- Directs persons employed or engaged to work at Mersey Community Hospital on or after 13 April 2020 to comply with certain travel and quarantine arrangements.
Direction Under Section 16 of the Public Health Act 1997 (Quarantine (North-Western Region) - No. 1)
- Directs certain persons to quarantine.
Direction Under Section 16 of the Public Health Act 1997 (Quarantine (North-Western Region) - No. 2)
- Directs certain persons to quarantine.
Direction Under Section 16 of the Public Health Act 1997 (Quarantine (North-Western Region) - No. 3)
- Directs certain persons to quarantine.
Direction Under Section 16 of the Public Health Act 1997 (Stay at Home Requirements - No. 3)
- Directs persons in Tasmania to remain at their primary place of residence except for certain activities.
Directions in Relation to King Island, Flinders Island and Islands in the Furneaux Group Of Islands
- Restricts travel to King Island, Flinders Island and islands in the Furneaux group of islands, directs residents of these islands to self-isolate upon return from somewhere else in Tasmania, and directs persons arriving on these islands to answer questions and provide documentation upon request by an authorised officer.
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.
Extension of Emergency Declaration
- Extends the public health emergency declared under Section 14 of the Public Health Act 1997 for a further 7 days.
Notice Under Section 15 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020
- Declares that a person does not commit an offence against the Land Use Planning and Approvals Act 1993, in relation to an area of land that is to be developed, or used, for the purposes of Hospital Services, medical centres or consulting rooms if the development, or use, of the land is necessary to effectively implement a requirement under the Emergency Management Act 2006 or the Public Health Act 1997.
Notice Under Section 19 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020
- Specifies that a requirement specified in the provision for a document, or information, to be available for inspection, or displayed, is taken to be satisfied in certain circumstances.
Notice Under Section 22 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020
- Declares that rent payable under a residential tenancy agreement may not be increased under the Residential Tenancy Act 1997, among other things.
COVID-19 Omnibus (Emergency Measures) Act 2020
- Temporarily amends certain Acts, and temporarily empowers the making of regulations, to modify the application of the law in Victoria in certain respects for the purpose of responding to the COVID-19 pandemic.
Restricted Activity Directions (No. 5)
- Restricts the operation of certain businesses and undertakings in order to limit the spread of COVID-19.
Commercial Tenancies (COVID-19 Response) Act 2020
- Introduces a range of measures to provide for urgent relief for commercial tenants in response to the COVID-19 pandemic.
Extension of Duration of Public Health State of Emergency Declaration
- Further extends the duration of the public health state of emergency declaration for a period of 14 days.
Local Government Amendment (COVID-19 Response) Act 2020
- Amends the Local Government Act 1995 in response to the COVID-19 pandemic.
Lotteries Commission Amendment (COVID-19 Response) Act 2020
- Amends the Lotteries Commission Act 1990 in response to the COVID-19 pandemic.
Pay-roll Tax Relief (COVID-19 Response) Act 2020
- Provides relief from pay-roll tax in response to the COVID-19 pandemic.
Residential Tenancies (COVID-19 Response) Act 2020
- Implements the decision of National Cabinet to place a moratorium on evictions in response to COVID-19 and facilitates better public health outcomes by reducing the risk of eviction of tenants at a time when the health advice is recommending that people stay at home.
Taxation Administration Amendment Regulations (No. 3) 2020
- Amends the Taxation Administration Regulations 2003 to provide for disclosure of information to public sector agencies for the purpose of COVID-19 relief measures.
Declaration by Minister Extending State of National Emergency
- Further extends the State of National Emergency declared at 12.21pm on Wednesday 25 March 2020 to 12.21pm on Wednesday 29 April 2020.
Education (Early Childhood Services) Amendment Regulations 2020
- Provides the Secretary for Education with powers that may be exercised in response to a state of emergency or an epidemic notice.
- Modifies the Protection of Personal and Property Rights Act 1988 and Protection of Personal and Property Rights (Enduring Powers of Attorney Forms and Prescribed Information) Regulations 2008 to ensure that an enduring power of attorney can be created when the signatories are in different places.
Health Act (COVID-19 Alert Level 3) Order 2020
- Limits the movement of people, and contact between people in aggregate.
Notice Under Section 37 of the Medicines Act 1981
- Prohibits the importation, manufacture, packing, sale, supply or use of any kits and/or other test materials intended for use as point of care testing for COVID-19 infection or for post-infection confirmation using an antigen or antibody detection system, except in certain circumstances.
FROM THE REGULATORS
Australian Government:
- Funding Lifeline for Australia’s Zoos and Aquariums
- Notice of Investigation - Veteran's Entitlement Act 1986
CASA:
Department of Education, Skills and Employment:
ONRSR:
Safe Work Australia:
Standards Australia:
Therapeutic Goods Administration:
- CK Surgitech Issued $25,200 in Infringement Notices for Alleged Breaches in Relation to COVID-19 Test Kits
- Domestic Good Manufacturing Practice (GMP) Inspections During the COVID-19 Pandemic
- Labtest Direct Issued with a $12,600 Infringement Notice for Alleged Advertising of COVID-19 Test Kits
- Pete Evans' Company Fined for Alleged COVID-19 Advertising Breaches
- Woman Fined $2,520 for Alleged Breaches in Relation to COVID-19 Test Kits
ACT Government:
- Aboriginal and Torres Strait Islander Elected Body Election Delayed Due to COVID-19
- ACT Provides More Support for Temporary Visa Holders and International Students
- COVID-19 Support for Canberrans Facing Homelessness or Domestic and Family Violence
- Environment to Benefit from ACT’s COVID-19 Stimulus
- More Support for Canberrans Living with Disability During COVID-19
- Resumption of Elective Surgery in the ACT
- Supporting New Ways to Protect Local Heritage
Department of Planning, Industry and Environment:
NT Government:
Department of Environment and Science:
QLD Government:
- COVID Restrictions Ease
- Fair Middle Ground Reached on COVID-19 Guidelines for Property Owners and Tenants
- Qld COVID-19 - Sunday April 26 - Restrictions to Ease as Recoveries Increase
- Queensland COVID-19 - Friday April 24 - Testing, Monitoring, Tracing
- Queensland Introduces Big Fines for Coughing on Essential Workers
- Practice Guide to Navigate Tenancies Through COVID-19
- $54m to Keep Queensland Moving During COVID-19
Tasmanian Government:
Department of Environment, Land, Water and Planning:
- Building Victoria’s Recovery Taskforce
- Changes to the Planning and Environment Act 1987 to Address COVID-19 Public Health Restrictions
- Environment Protection Amendment Act 2018 - Update: 23 April 2020
- Temporary Suspension
Department of Jobs, Precincts and Regions:
VIC Government:
Department of Mines, Industry Regulation and Safety:
- Eviction Moratorium and Code of Conduct to Protect WA Businesses
- Moratorium on Residential Tenancy Evictions Becomes Law in WA
- New $154.5 Million Relief Package to Support Tenants, Landlords and Construction Industry
Department of Primary Industries and Regional Development:
WA Government:
- Cautious Easing of Restrictions Thanks to WA’s COVID-19 Progress
- Elective Surgery to Resume in Western Australia
- Mines Safety Levy to be Reduced
- Return of Regular Public Transport Services Brought Forward
- $24.5 Million Support Package for Construction Workforce
WorkCover WA:
Employment NZ:
EPA:
- EPA's Compliance, Monitoring and Enforcement (CME) Activities During the COVID-19 Pandemic - Level 3
Ministry of Business, Innovation and Employment:
NZ Government:
- COVID-19 Leave Support for Workers Extended
- Government Acts Quickly to Keep New Zealand Working
- Keeping Vulnerable People Housed
- Level 3 Guidance for Seniors Available
- Māori Support Package Delivers for Whānau
- PM Announces Date for Move to Alert Level 3
- Prime Minister’s Remarks on COVID-19 Alert Level Decision - April 20
- 1.5 Million People to Get Free Access to New Mental Health Services
NZ Transport Agency:
That completes this edition of the COVID-19 update. The next update will be released on Wednesday 6 May 2020.
