COVID-19 Emergency Response Act 2020 (ACT)
COVID-19 Emergency Response Act 2020 (repealed)
A2020-11
Republication No 9
Effective: 30 September 2023
Republication date: 30 September 2023
Act expired 29 September 2023 (see s 5 and endnote 3)
About this republication
The republished law
This is a republication of the COVID-19 Emergency Response Act 2020 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 30 September 2023.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
COVID-19 Emergency Response Act 2020 (repealed)
Contents
Page
1 Name of Act 2
2 Dictionary 2
2A Notes 2
2BOffences against Act—application of Criminal Code etc 2
3 Reports for Legislative Assembly 3
3A Presentation of subordinate laws and disallowable instruments 5
4A Regulation-making power 5
5 Expiry—Act 5
Dictionary6
Endnotes
1 About the endnotes 7
2 Abbreviation key 7
3 Legislation history 8
4 Amendment history 10
5 Earlier republications 13
COVID-19 Emergency Response Act 2020 (repealed)
An Act to provide for emergency measures in response to the COVID-19 emergency, and for other purposes
Name of Act
This Act is the COVID-19 Emergency Response Act 2020.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act.
Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
2ANotes
A note included in this Act is explanatory and is not part of this Act.
2BOffences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Reports for Legislative Assembly
(1)For each reporting period that a COVID-19 declaration is in force, the responsible Minister for a COVID-19 measure must prepare a report for the Legislative Assembly on the application of the measure.
(2)However, subsection (1) does not apply in relation to a COVID‑19 measure if—
(a)the provision of an Act or regulation inserted or amended by the measure has been subsequently amended by another Act or regulation (a subsequent amendment); and
(b)the effect of the subsequent amendment is to continue the operation of the measure to a time when a COVID‑19 declaration is no longer in force.
(3)Also, subsection (1) does not apply in relation to a COVID‑19 measure if the provision of an Act or regulation inserted or amended by the measure has been repealed and not remade, the same in substance, in the Act or regulation or another law.
(4)The Minister must present the report to the Legislative Assembly—
(a)1 month after the end of the reporting period to which the report applies; or
(b)if the 1-month period coincides with part of the pre-election period for a general election of members of the Assembly—on the second sitting day after the election is held.
(5)If a report to which subsection (4) (a) applies has not been presented to the Legislative Assembly before the last 7 days of the 1-month period, and there are no sitting days of the Legislative Assembly during those 7 days—
(a)the responsible Minister must give the report, and a copy for each member of the Legislative Assembly, to the Speaker before the end of the 1-month period; and
(b)the Speaker must arrange for a copy of the report to be given to each member of the Legislative Assembly on the day the responsible Minister gives it to the Speaker; and
(c)the responsible Minister must present the report to the Legislative Assembly—
(i)on the next sitting day after the end of the 1-month period; or
(ii)if the next sitting day is the first meeting of the Legislative Assembly after a general election of members of the Assembly—on the second sitting day after the election.
(6)In this section:
COVID-19 measure—each of the following is a COVID-19 measure:
(a)an amendment of another Act or regulation made by this Act;
NoteThese amendments can be found in the ‘as notified’ version of this Act on the ACT legislation register.
(b)an amendment of another Act or regulation made by the COVID—19 Emergency Response Legislation Amendment Act 2020.
NoteThese amendments can be found in the ‘as notified’ version of that Act on the ACT legislation register.
pre-election period—see the Electoral Act 1992, dictionary.
remade includes re-enacted.
reporting period means—
(a)for a period in 2020—a month; and
(b)for a period in 2021 or later—a quarter.
responsible Minister, for a COVID-19 measure, means the Minister allocated responsibility for the Act in which the measure is made under the administrative arrangements under the Public Sector Management Act 1994.
Speaker includes—
(a)if the Speaker is unavailable—the Deputy Speaker; and
(b)if both the Speaker and Deputy Speaker are unavailable—the clerk of the Legislative Assembly.
unavailable—the Speaker or Deputy Speaker is unavailable if—
(a)he or she is absent from duty; or
(b)there is a vacancy in the office of Speaker or Deputy Speaker.
3APresentation of subordinate laws and disallowable instruments
(1)This section applies to a subordinate law or disallowable instrument made after the commencement of this section under a power given under a COVID-19 measure.
(2)The Legislation Act, section 64 (1) applies in relation to the subordinate law or disallowable instrument as if the reference in that subsection to 6 sitting days were a reference to the second sitting day.
(3)In this section:
COVID-19 measure—see section 3 (6).
4ARegulation-making power
The Executive may make regulations for this Act.
Expiry—Act
This Act expires at the end of a 12-month period during which no COVID-19 declaration has been in force.
Dictionary
(see s 2)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACT
· may (see s 146)
· must (see s 146).
COVID-19 means the coronavirus disease 2019 (COVID-19) caused by the novel coronavirus SARS-CoV-2.
COVID-19 declaration means—
(a)a declaration of a state of emergency under the Emergencies Act 2004, section 156 because of COVID-19; or
(b)a declaration of an emergency under the Public Health Act 1997, section 119 (including any extension or further extension) because of COVID‑19.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
COVID-19 Emergency Response Act 2020 A2020-11
notified LR 7 April 2020
s 1, s 2 commenced 7 April 2020 (LA s 75 (1))
amdt 1.35 commenced 8 April 2020 (s 2 (2))
remainder commenced 8 April 2020 (s 2 (1))NoteAct exp 29 September 2023 at the end of a 12-month period during which no COVID-19 declaration has been in force (see s 5)
as amended by
COVID-19 Emergency Response Legislation Amendment Act 2020 A2020-14 sch 1 pt 1.6
notified LR 13 May 2020
s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))
sch 1 pt 1.6 commenced 14 May 2020 (s 2 (1))COVID-19 Emergency Response Legislation Amendment Act 2021 A2021-1 sch 1 pt 1.4
notified LR 19 February 2021
s 1, s 2 commenced 19 February 2021 (LA s 75 (1))
sch 1 pt 1.4 commenced 20 February 2021 (s 2 (1))
COVID-19 Emergency Response (Check-in Information) Amendment Act 2021 A2021-20
notified LR 21 September 2021
s 1, s 2 commenced 21 September 2021 (LA s 75 (1))
s 5, so far as it inserts s 2D, s 2E (1)-(3), s 2G (1), (2) commenced 21 October 2021 (s 2 (1))
remainder commenced 22 September 2021 (s 2 (2))Public Health Amendment Act 2022 A2022-9 sch 1 pt 1.1
notified LR 17 June 2022
s 1, s 2 commenced 17 June 2022 (LA s 75 (1))
sch 1 pt 1.1 commenced 24 June 2022 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2022 A2022-21 pt 4
notified LR 9 December 2022
s 1, s 2 commenced 9 December 2022 (LA s 75 (1))pt 4 commenced 10 December 2022 (s 2)
Amendment history
Preliminary
pt 1 hdgins A2021‑20 s 4
om A2022-9 amdt 1.1
Dictionary
s 2om LA s 89 (4)
ins A2021‑20 s 5
Notes
s 2Ains A2021‑20 s 5
Offences against Act—application of Criminal Code etc
s 2Bins A2021‑20 s 5
Check-in information
pt 2 hdgins A2021‑20 s 5
om A2022-9 amdt 1.1
Definitions—pt 2
s 2Cins A2021‑20 s 5
om A2022-9 amdt 1.2
def authorised collector ins A2021‑20 s 5
om A2022-9 amdt 1.2
def authorised person ins A2021‑20 s 5
om A2022-9 amdt 1.2
def Check In CBR app ins A2021‑20 s 5
om A2022-9 amdt 1.2
def check-in information ins A2021‑20 s 5
om A2022-9 amdt 1.2
def contact tracing ins A2021‑20 s 5
om A2022-9 amdt 1.2
def court ins A2021‑20 s 5
om A2022-9 amdt 1.2
def permitted purpose ins A2021‑20 s 5
om A2022-9 amdt 1.2
def public health direction ins A2021‑20 s 5
om A2022-9 amdt 1.2
def statistical or summary information ins A2021‑20 s 5
om A2022-9 amdt 1.2
def use ins A2021‑20 s 5
om A2022-9 amdt 1.2
Collection of check-in information
s 2Dins A2021‑20 s 5
om A2022-9 amdt 1.2
Use of check-in information
s 2Eins A2021‑20 s 5
om A2022-9 amdt 1.2
Check-in information not admissible in court
s 2Fins A2021‑20 s 5
om A2022-9 amdt 1.2
Check-in information not admissible in court
s 2Gins A2021‑20 s 5
om A2022-9 amdt 1.2
Reports for Legislative Assembly
s 3am A2020‑14 amdt 1.42, amdt 1.43; A2021‑1 amdts 1.8-1.10; A2021‑20 s 6; A2022‑21 s 12, s 13; ss renum R7 LA
Presentation of subordinate laws and disallowable instruments
s 3Ains A2020‑14 amdt 1.44
am A2021‑1 amdt 1.11
Witnessing and attestation of certain documents
s 4om LA s 89 (3)
ins A2020‑14 amdt 1.45
exp 29 December 2022 (s 4 (6))
Miscellaneous
pt 3 hdgins A2021‑20 s 7
om A2022-9 amdt 1.3
Regulation-making power
s 4Ains A2021‑20 s 7
Expiry—Act
s 5ins A2020‑14 amdt 1.45
am A2021‑20 s 8
COVID-19 emergency response—Amendments
sch 1om LA s 89 (3)
Dictionary
dictins A2021‑20 s 9
am A2022-9 amdt 1.4
def authorised collector ins A2021‑20 s 9
om A2022-9 amdt 1.5
def authorised person ins A2021‑20 s 9
om A2022-9 amdt 1.5
def Check In CBR app ins A2021‑20 s 9
om A2022-9 amdt 1.5
def check-in information ins A2021‑20 s 9
om A2022-9 amdt 1.5
def contact tracing ins A2021‑20 s 9
om A2022-9 amdt 1.5
def court ins A2021‑20 s 9
om A2022-9 amdt 1.5
def COVID-19 ins A2021‑20 s 9
def COVID-19 declaration ins A2021‑20 s 9
def permitted purpose ins A2021‑20 s 9
om A2022-9 amdt 1.5
def public health direction ins A2021‑20 s 9
om A2022-9 amdt 1.5
def statistical or summary information ins A2021‑20 s 9
om A2022-9 amdt 1.5
def use ins A2021‑20 s 9
om A2022-9 amdt 1.5
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
8 Apr 20208 Apr 2020–
13 May 2020not amended new Act R2
14 May 202014 May 2020–
19 Feb 2021A2020‑14 amendments by A2020‑14 R3
20 Feb 202120 Feb 2021–
21 Sept 2021A2021‑1 amendments by A2021‑1 R4
22 Sept 202122 Sept 2021–
20 Oct 2021A2021‑20 amendments by A2021‑20 R5
21 Oct 202121 Oct 2022–
23 June 2022A2021‑20 amendments by A2021‑20 R6
24 June 202224 June 2022–
9 Dec 2022A2022‑9 amendments by A2022‑9 R7
10 Dec 202210 Dec 2022–
29 Dec 2022A2022‑21 amendments by A2022‑21 R8
30 Dec 202230 Dec 2022–
29 Sept 2023A2022‑21 expiry of provision (s 4)
0
0
0