9. Financial

​C. Economic Support / Stimulus
​
i.  Legislation

Commonwealth:
Australian Business Growth Fund (Coronavirus Economic Response Package) Act 2020 (Cth).
 
Boosting Cash Flow for Employers (Coronavirus Economic Response Package) Act 2020 (Cth).
 
Coronavirus Economic Response Package (Payments and Benefits) Act 2020 (Cth):

• Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 as amended from time to time.
  • E.g. the Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No. 3) 2020 aims to refine and clarify elements of the JobKeeper scheme to ensure that it most appropriately supports businesses and employees affected by the significant economic impact caused by the Coronavirus. It ensures the 6 month turnover test period applying to universities is limited to only those universities that are Table A providers within the meaning of the Higher Education Support Act 2003.

 
Made under the Coronavirus Economic Response Package Omnibus Act 2020 (Cth):

• ​Coronavirus Economic Response Package (Deferral of Sunsetting—Income Management and Cashless Welfare Arrangements) Determination 2020: extends the end date for the Cashless Debit Card trial in all existing sites and Income Management in the Cape York region from 30 June 2020 to 31 December 2020.

 
Coronavirus Economic Response Package Omnibus (Measures No. 2) Act 2020 (Cth).
 
Farm Household Support Act 2014 (Cth) amended by:

• Coronavirus Economic Response Package Omnibus Act 2020 (Cth); and
• Farm Household Support Amendment (Relief Measures) Act (No. 1) 2020 (Cth)

 
Made under the Financial Framework (Supplementary Powers) Act 1997 (Cth):

• Financial Framework (Supplementary Powers) Regulations 1997, amended by:
  • Coronavirus Economic Response Package Omnibus Act 2020 (Cth); and
  • Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Regional Development and Communications Measures No. 4) Regulations 2020: to establish legislative authority for two spending activities administered by the Department of Infrastructure, Transport, Regional Development and Communications. Those two spending activities are to: (i) provide funding to QAL Finance Pty Ltd to contribute to the costs of re‑establishing border services as part of the redevelopment of the terminal at Gold Coast Airport; and (ii) provide financial assistance to or for media organisations (including print, digital, radio or television) to support and encourage original, high quality public interest journalism, including such financial assistance to mitigate the adverse effects of the coronavirus known as COVID‑19 on the media sector.

 
Made under the Great Barrier Reef Marine Park Act 1975 (Cth):

• Great Barrier Reef Marine Park Regulations 2019, amended by:
  • Coronavirus Economic Response Package Omnibus Act 2020 (Cth); and
  • Great Barrier Reef Marine Park Amendment (Coronavirus Economic Response Package) Regulations 2020: to waive permission-related fees for the period 1 July 2020 to 30 June 2021 in order to provide urgent temporary relief from the financial pressures currently faced by Great Barrier Reef Marine Park permission holders and permission applicants, including tourism operators, as a result of the coronavirus pandemic.

 
Made under the Industry Research and Development Act 1986 (Cth):

• Industry Research and Development (National Communications Campaign to Support Small Business Program) Instrument 2020: prescribes the National Communications Campaign to Support Small Business.

Structured Finance Support (Coronavirus Economic Response Package) Act 2020 (Cth):

• Structured Finance Support (Coronavirus Economic Response Package) Rules 2020

New South Wales:
Made under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW):

• Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017:
  • Point to Point Transport (Licence Fees for Annual Taxi Licences) Exemption Order 2020: to reduce by 50 per cent the licence fee for an annual taxi licence otherwise payable under section 62 of the Point to Point Transport (Taxis and Hires Vehicles) Act 2016 (NSW) for the financial year 2019-2020 in response to the COVID-19 pandemic.

Queensland:
Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020 (Qld):

• Providing particular measures to assist Queensland businesses and individuals suffering financial and operational stress caused by the public health emergency through amendments to the:
  
  • Body Corporate and Community Management Act 1997 (Qld);
    
  • Building Units and Group Titles Act 1980 (Qld);
    
  • Gaming Machine Act 1991 (Qld);
    
  • Keno Act 1996 (Qld);
    
  • Lotteries Act 1997 (Qld);
    
  • Casino Control Act 1982 (Qld);
    
  • Environmental Protection Act 1994 (Qld);
    
  • Liquor Act 1992 (Qld);
    
  • Manufactured Homes (Residential Parks) Act 2003 (Qld).

​
Made under the Rural and Regional Adjustment Act 1994 (Qld)

• Rural and Regional Adjustment Regulation 2011 amended by the Rural and Regional Adjustment (COVID–19 Jobs Support Loan Scheme) Amendment Regulation 2020

Tasmania:
COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (Tas):

• PART 2 – General Provisions in Relation to Notices
• PART 5 – Financial Hardship Provisions

 
Made under the COVID-19 Disease Emergency (Miscellaneous Provisions) Act:

• Notice under Section 23 (Waiver or refund of certain fees, &c.) - Liquor Licensing Act 1990, Gaming Control Act 1993
• Notice under Section 23 (Waiver or refund of certain fees, &c.) - Fire Service Act 1979
• Notice under Section 23 (Waiver or refund of certain fees, &c.) - Taxi and Hire Vehicle Industries Act 2008

South Australia:
Made under the Cost of Living Concessions Act 1986 (SA):

• Cost of Living Concessions Regulations 2009 amended by the Cost of Living Concessions (COVID-19 JobSeeker Household Payment) Variation Regulations 2020

Western Australia:
Lotteries Commission Act 1990 (WA) amended by the Lotteries Commission Amendment (COVID-19 Response) Act 2020 (WA).

Made under the Lotteries Commission Act 1990 (WA):

• Lotteries Commission Rules Amendment (COVID-19 Response) Rules 2020 (p1127)

Australian Capital Territory:
Gaming Machine Act 2004 (ACT) amended by the COVID-19 Emergency Response Act 2020 (ACT).
 
Made under the Gamine Machine Act 2004 (ACT):

• Gaming Machine Regulation 2004 amended by the​ COVID-19 Emergency Response Act 2020 (ACT).

ii.  Case law

This is an area of substantive law that is 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.

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