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This Week in Parliament: 22 April 2020

QLS Legal Policy
First reading
Published in
6 min readApr 23, 2020

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This publication was updated on 24 April 2020

Queensland Parliament sat late into the evening on 22 April 2020 to pass further urgent legislation in response to the COVID-19 pandemic.

Two Acts were considered and passed by Parliament:

  • Appropriation (COVID-19) Act 2020 — an Act securing supplementary appropriation for the 2019–2020 financial year totalling $3.1 billion, as well as further supply for the 2020–2021 financial year totalling $1.6 billion; and
  • The COVID-19 Emergency Response Act 2020 — a wide ranging Act addressing a number of issues emerging from the COVID-19 pandemic.

Both Acts received assent on Thursday 23 April 2020.

QLS President Luke Murphy has welcomed the COVID-19 Emergency Response Act 2020 as a much needed legal tool to respond to the challenges presented by the global spread of coronavirus.

QLS is pleased that the Government listened to concerns raised by us about the impact of the pandemic on legal matters and transactions, and appreciates the willingness of the Attorney-General to consult with us on these important and emerging issues.

Read on for more details on both Acts.

Appropriation (COVID-19) Act 2020

The Appropriation (COVID-19) Act 2020 was introduced by the Honourable Jacklyn Trad MP, Deputy Premier, Treasurer and Minister for Aboriginal and Torres Strait Islander Partnerships.

The Bill was declared an urgent Bill under the provisions of Standing Order 137, and passed without amendment on the same day. The Act received assent on Thursday 23 April 2020.

This legislation is in response to the COVID-19 crisis, and will provide supplementary appropriation for the 2019–2020 financial year totalling $3.1 billion, as well as further supply for the 2020–2021 financial year totalling $1.6 billion.

As outlined in the explanatory notes, the appropriation legislation will cover unforeseen expenditure incurred due to the crisis, and will also assist the Government to meet its commitments with respect to its COVID-19 relief package.

  • Read the Act as passed here.
  • Read the Bill in full here.
  • See the explanatory notes here.

COVID-19 Emergency Response Act 2020

The COVID-19 Emergency Response Act 2020 (the ‘Act’) was introduced by the Honourable Annastacia Palaszczuk, Queensland Premier and Minister for Trade.

The Bill was declared an urgent Bill under the provisions of Standing Order 137, and passed without amendment on the same day. The Act received assent on Thursday 23 April 2020.

The Act contains a sunset clause, and is due to expire on 31 December 2020.

  • Read the Bill as introduced in full here.
  • Read the Act as passed here.
  • See the explanatory notes here.

Key features and areas of legislative reform in the Act:

  • The Act contains wide regulation-making powers in a number of areas including in relation to attendance at places or meetings; documents; retail shop leases and certain commercial leases to be prescribed in regulations; residential tenancies and rooming accommodation; modification of statutory time limits, including statutory time limits in relation to Court proceedings; and the conduct of Court proceedings. The regulation-making powers include potential retrospective operation of the regulation (detailed further below).
  • As outlined in the Act, the legislation facilitates the continuance of public administration, judicial process, small business and other activities disrupted by the COVID-19 emergency, including by easing regulatory requirements and establishing a Small Business Commissioner
  • The Act provides that a regulation may be made to enable alternative arrangements for how documents are made, meetings are held and attendances are conducted in order to minimise the need for people to be proximate to other people. These provisions will potentially apply to a wide variety of matters across many Acts which require or permit the making of a document in a particular way or require or permit an attendance or meeting and will. The Attorney-General has indicated in a media release of 23 April 2020 that “Modified arrangements could include allowing meetings to be held or inspections carried out using audio visual technology for example. The making of documents such as wills, general powers of attorney, enduring powers of attorney, advance health directives, statutory declarations, deeds and many other types of documents are also available under the modified arrangements.”
  • The Act enables regulation-making power allowing Courts and Tribunal proceedings to further utilise technology
  • As outlined in the Act, the legislation provides for matters related to residential, retail and prescribed leases affected by the COVID-19 emergency
  • The Act addresses the challenges faced by residential tenants and landlords during the COVID-19 pandemic, including a regulation-making power which will facilitate the previously announced moratorium on evictions for residential tenants and residents who are in financial distress and are unable to meet their commitments due to the impact of the COVID-19 emergency. The proposed Draft Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020, Subordinate legislation 2020 was tabled in Parliament on 22 April 2020.
  • The Act provides for a regulation-making power which will, among other things, facilitate the implementation of the National Cabinet “Mandatory Code of Conduct — SME Commercial Leasing Principles”.
  • The Act provides for an ability to modify statutory timeframes where flexibility is required due to COVID-19
  • The Act allows for members of Parliament to attend Parliament using technology

Retrospective provisions

There are a number of provisions which facilitate retrospective application of certain regulations, including in relation to:

  • The regulation-making power relating to attendance at places or meetings, which may have retrospective operation to a day not earlier than 19 March 2020 (section 8(4))
  • The power of an entity to modify a statutory time limit by way of a statutory instrument, which may have retrospective operation to a day not earlier than 19 March 2020 (section 12(6))
  • The regulation-making power to modify a statutory time limit, which may have retrospective operation to a day not earlier than 19 March 2020 (section 13(5))
  • The regulation-making power, and power of a court, to modify a statutory time limit relating to a proceeding, which may have retrospective operation to a day not earlier than 19 March 2020 (section 15(6))
  • The regulation-making powers under enabling Acts in relation to court proceedings, which may have retrospective operation to a day not earlier than 19 March 2020 (section 17(2)).
  • The regulation-making power for retail leases and other prescribed leases, which may have retrospective operation to a day not earlier than the commencement of the COVID-19 Emergency Response Act 2020 (section 23(2)(b).
  • The regulation-making power for residential tenancies and rooming accommodation, which may have retrospective operation to a day not earlier than 19 March 2020 (section 24(3)(b)).

Subordinate Legislation

Subordinate Queensland Legislation notified in 2020 is available online here.

Subordinate Legislation notified on the Queensland Legislation website from 27th March 2020 to 22 April 2020:

Queensland Government Gazette

The Queensland Government Gazettes for 2020 are available online here.

Parliamentary Sitting Dates

As indicated on the parliamentary website (linked here), the Queensland Parliament is currently scheduled to sit on the following dates for the remainder of 2020:

  • 19 May
  • 14 to 16 July
  • 4 to 6 August
  • 18 to 20 August
  • 15 to 17 September
  • 1 to 3 December
  • 8 to 10 December (tentative)
Legislation Update

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QLS Legal Policy
First reading

Written by QLS Legal Policy

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