10. Government

​B.  Government administration

i.  Legislation

Commonwealth:
Charter of Budget Honesty Act 1998 (Cth) amended by the Coronavirus Economic Response Package Omnibus Act 2020 (Cth).
 
Made under the Aboriginal and Torres Strait Islander Act 2005 (Cth):
Made under the Australian Postal Corporation Act 1989 (Cth): ​
Victoria:
Local Government Act 2020 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).
 
Made under the Local Government Act 2020 (Vic):  
Parliamentary Committees Act 2003 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).

New South Wales:
Constitution Act 1902 (NSW) amended by the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW)
 
Made under the Constitution Act 1902 (NSW):  
Local Government Act 1993 (NSW) amended by:
  • COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW); and
  • COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW):
    • Item [2] of the amendments to the Local Government Act 1993 (NSW) by the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW) provides for a council to recover shortfalls in rates and charges in a particular year by increasing rates and charges in later years. Item [3] inserts a note giving examples of how this could be done.
    • Item [8] contains three new sections. Proposed s 747AB requires a council to consider certain matters before commencing proceedings for the recovery of a rate or charge during the prescribed period relating to the COVID-19 pandemic. Proposed s 747AC prevents, for two years, a council from undertaking major building work involving certain council buildings. Proposed s 747AD permits the Minister, during the prescribed period relating to the COVID-19 pandemic, to set the maximum amount of general income that a particular council may derive from rates and charges in the year ending 30 June 2021. Item [5] inserts a missing heading and a definition of prescribed period. Items [1], [4], [6] and [7] make consequential amendments.
 
Made under the Local Government Act 1993 (NSW):
Subordinate Legislation Act 1989 (NSW) amended by the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW): postponed repeal of various subordinate legislation.

Interpretation Act 1987 (NSW) amended by the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW): inserts a regulation-making power into the Interpretation Act 1987 (NSW) to provide power for modification of legislative requirements across the statute book dealing with statutory timeframes and attendance at places or meetings. These special arrangements apply for the purposes of responding to the public health emergency caused by the COVID-19 pandemic and apply only for a limited period.

On holidays:
Queensland:
City of Brisbane Act 2010 (Qld) amended by the Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020 (Qld).
 
Made under the City of Brisbane Act 2010 (Qld):  
Constitution of Queensland 2001 (Qld) amended by the Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020 (Qld): providing that meetings of Executive Council may be held using technology.
 
Electoral Act 1992 (Qld) amended by Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020 (Qld): allows for a regulation to make provision about a matter for which it is necessary to make provision to allow or facilitate the holding of a State by-election in a way that helps minimise serious risks to the health and safety of persons caused by the public health emergency involving COVID-19.
 
Local Government Act 2009 (Qld) amended by Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020 (Qld).
 
Made under Local Government Act 2009 (Qld):  
Local Government (Dissolution of Ipswich City Council) Act 2018 (Qld) amended by the Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020 (Qld).
 
Local Government Electoral Act 2011 (Qld) amended by the Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020 (Qld).
 
Made under the City of Brisbane Act 2010 (Qld), Local Government Act 2009 (Qld), Local Government Electoral Act 2011 (Qld) and State Penalties Enforcement Act 1999 (Qld):  
Made under the Electoral Act 1992 (Qld) and State Penalties Enforcement Act 1999 (Qld):  
Made under the Public Health Act 2005 (Qld):  
Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020 (Qld):
Tasmania:
Made under the Constitution Act 1934 (Tas):
  • Proclamation (12 June 2020): the Premier having been notified by the Director of Public Health that he is of the opinion that there is no longer a significant risk to public health that would make it undesirable to hold the 2020 election, appoint 1 August 2020 as the date on which a poll is to be held in respect of the periodical elections of members of the Legislative Council to be held in 2020.

COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (Tas):
  • PART 3 – Continuance of Public Administration
 
Made under the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (Tas):  
COVID-19 Disease Emergency (Miscellaneous Provisions) Act (No. 2) 2020 (Tas):
  • Part 2 – Legislative Council Periodical Elections 2020
 
Made under State Service Act 2000 (Tas):  
Made under the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (Tas):  
South Australia:
COVID-19 Emergency Response Act 2020 (SA):
  • Section 11: Provisions applying in relation to certain water and sewerage charges for sporting clubs
  • Section 14: Extension of time limits, terms of appointment etc.
  • Section 15: Modification of requirements relating to laying of reports before Parliament
  • Section 16: Requirements relating to documents
  • Section 19: Regulations
  • Section 20: Transitional regulations on expiry of measure
  • Section 21: Disallowance of regulations made under Act
  • Section 22: Immunity from liability etc.
 
Parliamentary Committees Act 1991 (SA) amended by the COVID-19 Emergency Response Act 2020 (SA).
 
Local Government Act 1999 (SA) amended by the Local Government (Public Health Emergency) Amendment Act 2020 (SA).
 
Made under the Local Government Act 1999 (SA):  
Western Australia:
Local Government Act 1995 (WA) amended by the Local Government Amendment (COVID-19 Response) Act 2020 (WA).

Made under the Local Government Act 1995 (WA) and the Local Government (Miscellaneous Provisions) Act 1960 (WA):  
Made under the Local Government Act 1995 (WA):
ii.  Case law

This is an area of substantive law that is very likely to result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.