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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):
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.
C. New Crimes / Infringements
i. Legislation
Victoria:
Made under the Public Health and Wellbeing Act 2008 (Vic):
- Public Health and Wellbeing Regulations 2019 amended by the Public Health and Wellbeing Amendment (Infringements) Regulations 2020
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:
- to amend the Sentencing Act 1991 (Vic) in relation to sentencing for certain offences committed against emergency workers and others and to require a review of the amendments made by this Act to be undertaken;
- to amend the Criminal Procedure Act 2009 (Vic) in relation to indictable offences that may be heard and determined summarily; and
- to make minor amendments to the Crimes Act 1958 (Vic) and the Serious Offenders Act 2018 (Vic).
New South Wales:
Made under the Public Health Act 2010 (NSW):
- Public Health Regulation 2012 amended by the Public Health Amendment (Penalty Notices) Regulation 2020
Queensland:
Made under the State Penalties Enforcement Act 1999 (Qld):
- State Penalties Enforcement Regulation 2014 amended by:
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):
- Emergency Management Regulations 2009 amended by the Emergency Management (Expiation Notices) Variation Regulations 2020
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):
- Emergency Management Regulations 2006 amended by the Emergency Management Amendment Regulations (No. 2) 2020
Made under the Criminal Procedure Act 2004 (WA):
- Criminal Procedure Regulations 2005 amended by the Justice Regulations Amendment (Emergency Management) Regulations 2020
Made under the Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA):
- Fines, Penalties and Infringement Notices Enforcement Regulations 1994 amended by the Justice Regulations Amendment (Emergency Management) Regulations 2020
Australian Capital Territory:
Made under the Magistrates Court Act 1930 (ACT):
- Magistrates Court (Public Health (COVID-19) Infringement Notices) Regulation 2020: to provide for infringement notices under the Magistrates Court Act 1930 (ACT), Pt 3.8, for certain offences against the Public Health Act 1997 (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.
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