3. Criminal

​C.  New Crimes / Infringements

i.  Legislation
​
Victoria:
Made under the Public Health and Wellbeing Act 2008 (Vic):  
Personal Safety Intervention Orders Act 2010 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).
 
Fines Reform Act 2014 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).
 
Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).
 
Sentencing Amendment (Emergency Worker Harm) Act 2020 (Vic), the purpose of which is:
New South Wales:
Made under the Public Health Act 2010 (NSW):
Queensland:
Made under the State Penalties Enforcement Act 1999 (Qld):
​Tasmania:
Made under the Public Health Act 1997 (Tas):  
Made under the Emergency Management Act 2006 (Tas):
  • Emergency Management Regulations 2020: prescribes (a) a failure to comply with a lawful requirement or direction of an emergency management worker as an offence in respect of which an infringement notice may be issued and served under that Act; and (b) the penalty payable under an infringement notice for that offence.

South Australia:
Made under the Emergency Management Act 2004 (SA):  
South Australian Public Health Act 2011 (SA), s 79 amended by the South Australian Public Health (Controlled Notifiable Conditions) Amendment Act 2020 (SA).
 
Made under the South Australian Public Health Act 2011 (SA):
Western Australia:
The Criminal Code (WA) amended by the Criminal Code Amendment (COVID-19 Response) Act 2020 (WA).
 
Made under the Emergency Management Act 2005 (WA):  
Made under the Criminal Procedure Act 2004 (WA):  
Made under the Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA):
Australian Capital Territory:
Made under the Magistrates Court Act 1930 (ACT):
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.