COVID-19 Emergency Response Legislation Amendment Act 2021 (ACT)

Case

COVID-19 Emergency Response Legislation Amendment Act 2021

A2021-1

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended—sch 1  2

Schedule 1 COVID-19 emergency response—Amendments    3

Part 1.1    Associations Incorporation Act 1991  3

Part 1.2    Bail Act 1992  3

Part 1.3    Corrections Management Act 2007  4

Part 1.4    COVID-19 Emergency Response Act 2020               5

Part 1.5    Crimes Act 1900  6

Part 1.6    Crimes (Sentence Administration) Act 2005              6

Part 1.7    Crimes (Sentencing) Act 2005  7

Part 1.8    Drugs of Dependence Act 1989  7

Part 1.9    Education Act 2004  8

Part 1.10   Evidence (Miscellaneous Provisions) Act 1991           8

Part 1.11   Family Violence Act 2016  8

Part 1.12   Gaming Machine Regulation 2004  9

Part 1.13   Personal Violence Act 2016  9

Part 1.14   Retirement Villages Act 2012  10

Part 1.15   Supreme Court Act 1933  10

Part 1.16   Working with Vulnerable People (Background Checking) Act 2011    11

COVID-19 Emergency Response Legislation Amendment Act 2021

A2021-1

An Act to amend legislation to provide for emergency measures in response to the COVID-19 emergency, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the COVID-19 Emergency Response Legislation Amendment Act 2021.

  2. Commencement

    (1)This Act (other than schedule 1, amendments 1.5 and 1.7) commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    (2)Schedule 1, amendment 1.5 commences on the commencement of the COVID-19 Emergency Response Legislation Amendment Act 2020, schedule 1, amendment 1.38.

    (3)Schedule 1, amendment 1.7 commences on the commencement of the COVID-19 Emergency Response Legislation Amendment Act 2020, schedule 1, amendment 1.39.

  3. Legislation amended—sch 1

    This Act amends the legislation mentioned in schedule 1


Schedule 1COVID-19 emergency response—Amendments

(see s 3)

Part 1.1Associations Incorporation Act 1991

[1.1]Section 70AA (7)

substitute

(7)This section expires on 8 October 2021.

[1.2]Section 120 (6)

substitute

(6)This subsection and subsections (3) to (5) expire on 8 October 2021.

Part 1.2Bail Act 1992

[1.3]Section 28 (7)

substitute

(7)This subsection and subsections (2A) and (6) expire on the day the COVID-19 Emergency Response Act 2020 expires.

Part 1.3Corrections Management Act 2007

[1.4]Section 26 (7)

omit

12 months after the day this subsection commences

substitute

on the day the COVID-19 Emergency Response Act 2020 expires

[1.5]Section 30 (7)

substitute

(7)This subsection and subsections (2A) and (6) expire on the day the COVID-19 Emergency Response Act 2020 expires.

[1.6]Section 205 (5)

omit

12 months after the day this subsection commences

substitute

on the day the COVID-19 Emergency Response Act 2020 expires

[1.7]Section 216I

omit

120 days after the day

substitute

on the day

Part 1.4COVID-19 Emergency Response Act 2020

[1.8]Section 3 (1)

omit

month

substitute

reporting period

[1.9]Section 3 (2) (a)

substitute

(a)1 month after the end of the reporting period to which the report applies; or

[1.10]Section 3 (4), new definition of reporting period

insert

reporting period means—

(a)for a period in 2020—a month; and

(b)for a period in 2021 or later—a quarter.

[1.11]Section 3A (2)

omit

first sitting day

substitute

second sitting day

Part 1.5Crimes Act 1900

[1.12]Section 194A (7)

substitute

(7)This section expires on the day the COVID-19 Emergency Response Act 2020 expires.

Part 1.6Crimes (Sentence Administration) Act 2005

[1.13]Section 182 (2A) and (2B)

omit

[1.14]Section 185 (1A) and note

omit

[1.15]Section 322A

substitute

322AExpiry—COVID-19 emergency amendments

The following provisions expire on the day the COVID-19 Emergency Response Act 2020 expires:

(a)this section;

(b)section 47A;

(c)section 59A;

(d)section 62 (2) (d);

(e)section 64 (3A);

(f)section 92A;

(g)section 102A;

(h)section 126 (2A) and (2B);

(i)section 127 (2A);

(j)section 143A;

(k)section 322AA;

(l)dictionary, definition of COVID-19 emergency.

Part 1.7Crimes (Sentencing) Act 2005

[1.16]Section 13 (10)

substitute

(10)This subsection and subsections (2A) and (9) expire on the day the COVID-19 Emergency Response Act 2020 expires.

[1.17]Section 46C (9)

omit

12 months after the day the COVID‑19 Emergency Response Act 2020, section 4 commenced

substitute

on the day the COVID-19 Emergency Response Act 2020 expires

Part 1.8Drugs of Dependence Act 1989

[1.18]Section 187A (5)

substitute

(5)This section expires on the day the COVID-19 Emergency Response Act 2020 expires.

Part 1.9Education Act 2004

[1.19]Sections 84A (3), 88AA (3) and 153B (7)

omit everything after

This section expires

substitute

on the day the COVID-19 Emergency Response Act 2020 expires.

Part 1.10Evidence (Miscellaneous Provisions) Act 1991

[1.20]Section 164 (2)

substitute

(2)This chapter and any regulation made under it expires on the day the COVID-19 Emergency Response Act 2020 expires.

Part 1.11Family Violence Act 2016

[1.21]Section 210

substitute

  1. Expiry—pt 22

    This part expires on the day the COVID-19 Emergency Response Act 2020 expires.

Part 1.12Gaming Machine Regulation 2004

[1.22]New section 69 (3)

insert

(3)This subsection and subsection (1) (c), note expire when the Act, section 166A expires.

[1.23]Section 69L

substitute

69LExpiry—COVID-19 emergency amendments

This section and section 69DA expire at the end of a 12-month period during which no COVID-19 emergency has been in force.

Part 1.13Personal Violence Act 2016

[1.24]Section 209

substitute

  1. Expiry—pt 22

    This part expires on the day the COVID-19 Emergency Response Act 2020 expires.

Part 1.14Retirement Villages Act 2012

[1.25]Section 265

substitute

  1. Expiry—COVID-19 Emergency Response Act 2020 amendments

    (1)The following provisions expire on 8 April 2021:

    (a)section 107 (3A);

    (b)section 159 (2A) and (2B).

    (2)The following provisions expire at the end of a 12-month period during which no COVID-19 emergency has been in force:

    (a)this section;

    (b)section 112A;

    (c)section 117 (1A) and (1B);

    (d)section 261A;

    (e)dictionary, definition of COVID-19 emergency.

Part 1.15Supreme Court Act 1933

[1.26]Section 68B (4), definition of COVID-19 emergency period

substitute

COVID-19 emergency period means the period beginning on 16 March 2020 and ending on 30 June 2021.

[1.27]Section 68B (5)

substitute

(5)This subsection, subsection (3A) and subsection (4), definition of COVID-19 emergency period expire on 30 June 2021.

Part 1.16Working with Vulnerable People (Background Checking) Act 2011

[1.28]Sections 60B and 60C

substitute

60BAExtending registration—COVID-19 emergency period—further provisions

(1)Subsection (2) applies if a person’s registration was extended under repealed section 60B.

(2)The extension is replaced by an extension until 12 months after the day the registration would have expired if it had not been extended under repealed section 60B.

(3)Subsection (4) applies if a person’s registration was due to expire between 16 March 2020 and the commencement of repealed section 60B.

(4)The registration is taken not to have expired and is extended by 12 months from the date it was due to expire.

(5)In this section:

repealed section 60B means section 60B of this Act as in force at any time before the commencement of this section.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 2 December 2020.

  2. Notification

    Notified under the Legislation Act on 19 February 2021.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the COVID-19 Emergency Response Legislation Amendment Bill 2021, which originated in the Legislative Assembly as the COVID-19 Emergency Response Legislation Amendment Bill 2020 (No 3) and was passed by the Assembly on 10 February 2021.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2021

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