Operational Efficiencies (COVID-19) Legislation Amendment Act 2021 (ACT)

Case

Operational Efficiencies (COVID-19) Legislation Amendment Act 2021

A2021-24

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Associations Incorporation Act 1991

4            General meetings—procedure during COVID-19 emergencySection 70AA (7)  3

5            Extensions of time for applications etcSection 120 (6)  3

Part 3Bail Act 1992

6            Undertakings to appearSection 28 (1)  4

7           Section 28 (2A)  4

8            Section 28 (6) and (7)  4

Part 4Children and Young People Act 2008

9            Declaration of emergencyNew section 149 (2A)  5

10          New section 149 (3A) to (3D)  5

11          New section 149 (8) and (9)  6

Part 5Corrections Management Act 2007

12          Local leave permitsSection 205 (2A)  7

13          Section 205 (5) (b) and (c)  7

Part 6Crimes Act 1900

14          Section 194A heading  8

15          Section 194A (1), (6) and (7)  8

Part 7Crimes (Sentencing) Act 2005

16          Good behaviour ordersSection 13 (2)  9

17          Section 13 (2A)  9

18          Section 13 (9) and (10)  9

19          Good behaviour—consequences of failure to sign undertakingSection 105  9

Part 8Drugs of Dependence Act 1989

20          Section 187A heading  10

21          Section 187A (1), (4) and (5)  10

Part 9Human Rights Commission Act 2005

22          Expiry—vulnerable person complaint provisionsSection 105B  11

Part 10Public Trustee and Guardian Act 1985

23          Section 9A  12

Part 11Retirement Villages Act 2012

24          Meetings of residents—methods of communicationSection 112A (1)  13

25          Meetings of operators—methods of communicationSection 261A (1)  13

26          Expiry—COVID-19 Emergency Response Act 2020 amendmentsSection 265 (2) (b) and (d)  13

Part 12Taxation Administration Act 1999

27          Purpose of Act and relationship with other tax lawsSection 6 (3) (k)  14

28          Section 6 (4) to (6)  14

29          Division 11.5A heading  14

30          Section 137A  14

31          Application—div 11.5ASection 137B  15

32          Ministerial considerations for determining a scheme—div 11.5ASection 137C  15

33          Section 137D heading  15

34          Section 137D (1) to (7)  15

35          Section 137E heading  15

36          Section 137E (1)  16

37          Section 137E (2) and (3)  16

38          Section 137E (4)  16

39          Section 137F heading  16

40          Section 137F (1) to (5)  16

41          Expiry—div 11.5ASection 137G  17

42          New part 21  17

43          Dictionary, new definitions  18

Operational Efficiencies (COVID-19) Legislation Amendment Act 2021

A2021-24

An Act to amend legislation to permanently adopt certain legislative measures taken during the COVID-19 emergency and provide for other emergency measures

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

Part 1Preliminary

  1. Name of Act

    This Act is the Operational Efficiencies (COVID-19) Legislation Amendment Act 2021.

  2. Commencement

    (1)This Act (other than section 3 and part 2) commences on the day after its notification day.

    (2)Section 3 and part 2 commence, or are taken to have commenced, on the earlier of—

    (a)the day after this Act’s notification day; and

    (b)8 October 2021.

  3. Legislation amended

    This Act amends the following legislation:

    ·     Associations Incorporation Act 1991

    ·     Bail Act 1992

    ·     Children and Young People Act 2008

    ·     Corrections Management Act 2007

    ·     Crimes Act 1900

    ·     Crimes (Sentencing) Act 2005

    ·     Drugs of Dependence Act 1989

    ·     Human Rights Commission Act 2005

    ·     Public Trustee and Guardian Act 1985

    ·     Retirement Villages Act 2012

    ·     Taxation Administration Act 1999.

Part 2Associations Incorporation Act 1991

  1. General meetings—procedure during COVID-19 emergency
    Section 70AA (7)

    substitute

    (7)This section expires at the end of a 12‑month period during which no COVID-19 emergency has been in force.

  2. Extensions of time for applications etc
    Section 120 (6)

    substitute

    (6)This subsection and subsections (3) to (5) expire at the end of a 12‑month period during which no COVID-19 emergency has been in force.

Part 3Bail Act 1992

  1. Undertakings to appear
    Section 28 (1)

    omit

    a written undertaking

    substitute

    an undertaking

  2. Section 28 (2A)

    omit everything before paragraph (a), substitute

    (2A)An undertaking—

  3. Section 28 (6) and (7)

    omit

Part 4Children and Young People Act 2008

  1. Declaration of emergency
    New section 149 (2A)

    insert

    (2A)However, if the emergency relates to a COVID-19 emergency, the director-general may declare that an emergency exists in relation to the detention place for a period of not more than the duration of the COVID-19 emergency.

  2. New section 149 (3A) to (3D)

    insert

    (3A)If 1 or more declarations under subsection (2A) are in force for a consecutive period of 28 days or more, the director-general must—

    (a)at least every 28 days, conduct a review of whether there are reasonable grounds for continuing the declaration; and

    (b)as soon as practicable after a review, advise the Minister in writing about any measures taken in response to the emergency under the declaration.

    (3B)The first annual report prepared by the director-general under the Annual Reports (Government Agencies) Act 2004 after an emergency declaration ends must include information about the measures taken in response to the emergency while the declaration was in force.

    (3C)A failure by the director-general to comply with subsection (3A) or (3B) does not affect the validity of the declaration.

    (3D)A declaration made under subsection (2A) must be revoked if the director‑general no longer believes there are reasonable grounds for the declaration.

  3. New section 149 (8) and (9)

    after the note, insert

    (8)In this section:

    COVID-19 emergency means—

    (a)a state of emergency declared under the Emergencies Act 2004, section 156 because of the coronavirus disease 2019 (COVID‑19); or

    (b)an emergency declared under the Public Health Act 1997, section 119 (including any extension or further extension) because of the coronavirus disease 2019 (COVID‑19).

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

    (a)this subsection;

    (b)subsection (2A);

    (c)subsections (3A) to (3D);

    (d)subsection (8).

Part 5Corrections Management Act 2007

  1. Local leave permits
    Section 205 (2A)

    substitute

    (2A)Despite subsection (2) (b), if the permit is granted for the purpose of receiving long-term medical treatment or palliative care and on the advice of a doctor appointed under section 21, the permit must include the period for which leave is granted, being not longer than 3 months.

    (2B)Despite subsection (2) (b), and while this provision is in force, if the permit is granted for a purpose other than the purpose in subsection (2A), the permit must include the period for which leave is granted, being not longer than 28 days.

  2. Section 205 (5) (b) and (c)

    substitute

    (b)subsection (2B).

Part 6Crimes Act 1900

  1. Section 194A heading

    substitute

194AElectronic versions of affidavits and warrants

  1. Section 194A (1), (6) and (7)

    omit

Part 7Crimes (Sentencing) Act 2005

  1. Good behaviour orders
    Section 13 (2)

    after

    sign

    insert

    or give

  2. Section 13 (2A)

    omit everything before paragraph (a), substitute

    (2A)An undertaking—

  3. Section 13 (9) and (10)

    omit

  4. Good behaviour—consequences of failure to sign undertaking
    Section 105

    after

    sign

    insert

    or give

Part 8Drugs of Dependence Act 1989

  1. Section 187A heading

    substitute

187AElectronic versions of affidavits and warrants

  1. Section 187A (1), (4) and (5)

    omit

Part 9Human Rights Commission Act 2005

  1. Expiry—vulnerable person complaint provisions
    Section 105B

    omit

Part 10Public Trustee and Guardian Act 1985

  1. Section 9A

    substitute

9ADelegation by public trustee and guardian

(1)The public trustee and guardian may delegate to a member of the public trustee and guardian’s staff any function under this Act or another territory law.

Note 1For laws about delegations, see the Legislation Act, pt 19.4.

Note 2Function includes authority, duty and power (see Legislation Act, dict, pt 1)

(2)However, a function may be delegated to a person only if the public trustee and guardian is satisfied that—

(a)the function is of a kind that is appropriate to be exercised by the person; and

(b)the person has the qualifications, knowledge and experience appropriate for the function to be properly exercised; and

(c)the person will comply with the Guardianship and Management of Property Act 1991, section 4 when exercising the functions of the public trustee and guardian under that Act; and

(d)the person will comply with the obligations of the public trustee and guardian under the Human Rights Act 2004.

NoteThe public trustee and guardian must ensure the delegated function is properly exercised (see Legislation Act, s 238). Also, the public trustee and guardian may provide that the delegation has effect only in stated circumstances or subject to stated conditions, limitations or directions (see Legislation Act, s 234 and s 239).

Part 11Retirement Villages Act 2012

  1. Meetings of residents—methods of communication
    Section 112A (1)

    omit

    , held during a COVID-19 emergency

  2. Meetings of operators—methods of communication
    Section 261A (1)

    omit

    during a COVID-19 emergency

  3. Expiry—COVID-19 Emergency Response Act 2020 amendments
    Section 265 (2) (b) and (d)

    omit

Part 12Taxation Administration Act 1999

  1. Purpose of Act and relationship with other tax laws
    Section 6 (3) (k)

    substitute

    (k)miscellaneous matters, including, the service of documents, corporate criminal liability, evidence and tax deferral, exemption and rebate schemes.

  2. Section 6 (4) to (6)

    omit

  3. Division 11.5A heading

    substitute

Division 11.5A          Revenue measures—deferral, exemption and rebate schemes

  1. Section 137A

    substitute

137ADefinitions—div 11.5A

In this division:

deferral scheme—see section 137D (1).

exemption scheme—see section 137E (1).

rebate scheme—see section 137F (1).

scheme means the following:

(a)a deferral scheme;

(b)an exemption scheme;

(c)a rebate scheme.

  1. Application—div 11.5A
    Section 137B

    omit

    COVID-19

  2. Ministerial considerations for determining a scheme—div 11.5A
    Section 137C

    omit

  3. Section 137D heading

    substitute

137DDeferral scheme

  1. Section 137D (1) to (7)

    omit

    COVID-19

  2. Section 137E heading

    substitute

137EExemption scheme

  1. Section 137E (1)

    omit

    a COVID-19

    substitute

    an

  2. Section 137E (2) and (3)

    omit

    COVID-19

  3. Section 137E (4)

    omit

    A COVID-19

    substitute

    An

  4. Section 137F heading

    substitute

137FRebate scheme

  1. Section 137F (1) to (5)

    omit

    COVID-19

  2. Expiry—div 11.5A
    Section 137G

    omit

  3. New part 21

    insert

Part 21Transitional—Operational Efficiencies (COVID-19) Legislation Amendment Act 2021

  1. Definitions—pt 21

    In this part:

    amendment Act means the Operational Efficiencies (COVID‑19) Legislation Amendment Act 2021.

    commencement day means the day the amendment Act, section 39 commences.

    former section 137E means section 137E as in force immediately before the commencement day.

  2. Effect of Taxation Administration (Payroll Tax) COVID-19 Exemption Scheme Determination 2021 (No 2)

    (1)Despite the amendment of section 137E by the amendment Act, the Taxation Administration (Payroll Tax) COVID-19 Exemption Scheme Determination 2021 (No 2) (DI2021-177) (the determination) made under former section 137E, is taken to continue to be effective on and after the commencement day until the determination expires on 31 July 2022 or is revoked.

    (2)Without limiting subsection (1) and to remove any doubt, an exemption under the determination, section 4, for an employer, from the requirement to pay payroll tax for taxable wages paid or payable to an eligible employee, on or after the commencement day is taken to be a valid exemption.

  3. Expiry—pt 21

    This part expires 12 months after the commencement day.

    NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

  4. Dictionary, new definitions

    insert

    deferral scheme, for division 11.5A (Revenue measures—deferral, exemption and rebate schemes)—see section 137D (1).

    exemption scheme, for division 11.5A (Revenue measures—deferral, exemption and rebate schemes)—see section 137E (1).

    rebate scheme, for division 11.5A (Revenue measures—deferral, exemption and rebate schemes)—see section 137F (1).

    scheme, for division 11.5A (Revenue measures—deferral, exemption and rebate schemes)—see section 137A.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 16 September 2021.

  2. Notification

    Notified under the Legislation Act on 13 October 2021.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Operational Efficiencies (COVID‑19) Legislation Amendment Bill 2021, which was passed by the Legislative Assembly on 7 October 2021.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2021

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