COVID-19 : NOVEL CORONAVIRUS
WEDNESDAY 22 APRIL 2020
Please find below a selection of recent legislation changes relating to COVID-19 and communications for workplaces from key safety and environmental regulators in Australia and New Zealand.
This update is intended to be provided on a weekly basis.
LEGISLATION CHANGES
Please note: the legislation in this update was current at time of release. Legislation around COVID-19 is being frequently updated and revoked. The URLs provided may no longer be maintained by the relevant legislative website, after the release date.
ASIC Corporations (COVID-19 - Advice-related Relief) Instrument 2020/355
- Implements three temporary relief measures to facilitate retail clients receiving timely and affordable financial product advice because of the adverse economic effects of COVID-19.
Commercial Broadcasting (Tax) (Transmitter Licence Tax Rebate) Rules 2020
- Provides rebates to holders of commercial television and radio broadcasting licences of the transmitter licence tax imposed under the Commercial Broadcasting (Tax) Act 2017.
Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020
- Shortens the period that employees must have access to a copy of a proposed variation of an enterprise agreement, and before which employees must be notified of the details of the vote on the variation, from seven calendar days to one calendar day.
Financial Sector (Collection of Data) Class of Corporations Determination No. 1 of 2020
- Specifies corporations granted a guarantee under section 5 of the Guarantee of Lending to Small and Medium Enterprises (Coronavirus Economic Response Package) Act 2020 as a class of corporations that are registrable corporations for the purpose of paragraph 7(1)(b) of the Act.
Financial Sector (Collection of Data) (Reporting Standard) Determination No. 4 of 2020
- Determines ARS 920.0. ARS 920.0 collects information on authorised deposit taking institutions’ and registered financial corporations’ portfolio of loans guaranteed under the Coronavirus SME Guarantee Scheme, and individual loans written at origination.
Foreign Acquisitions and Takeovers Amendment (Threshold Test) Regulations 2020
- Addresses the increased risk of foreign investment in Australia that is contrary to the national interest by amending the monetary value thresholds for particular significant actions and notifiable actions to nil.
Social Security (Coronavirus Economic Response - 2020 Measures No. 8) Determination 2020
- Temporarily modifies the Social Security Act 1991 in relation to when a person is regarded as a ‘member of a couple’ for the purposes of jobseeker payment.
Social Security (Coronavirus Economic Response - 2020 Measures No. 9) Determination 2020
- Amends the Social Security (Coronavirus Economic Response - 2020 Measures No. 1) Determination 2020 so that, rather than having to lodge a claim by 19 April 2020 in order to benefit from the modifications to the deemed date of claim provisions introduced by that Determination, claims can be lodged by relevant people up to and including 8 May 2020.
Tax Agent Services (Specified BAS Services No.1) Instrument 2020
- Declares, for the purposes of the definition of a Business Activity Statement (BAS) service, certain services as a BAS service.
Treasury Laws Amendment (Release of Superannuation on Compassionate Grounds) Regulations 2020
- Allows temporary residents affected by the adverse economic effects of coronavirus to have up to $10,000 released from their superannuation or retirement savings account on compassionate grounds.
- Ensures that Department of Veteran's Affairs clients eligible for pharmaceutical benefits under the Schemes will also benefit from the implementation of the telehealth measures that form part of the COVID-19 National health Plan.
Liquor Amendment Regulation 2020 (No 1)
- Provides that the Commissioner for Fair Trading may waive a fee payable in relation to a licence or permit in certain circumstances.
Public Health (Closure of Non-Essential Business or Undertaking) Emergency Direction 2020 (No 5)
- Prohibits the operation of non-essential businesses and undertakings in order to limit the spread of COVID-19.
Road Transport (Driver Licensing) Amendment Regulation 2020 (No 1)
- Amends the Road Transport (Driver Licensing) Regulation 2000 to support the Government’s response to the current public health emergency.
Firearms Amendment (COVID-19) Regulation 2020
- Creates exemptions from requirements of the Firearms Act 1996 and modifies provisions of the Firearms Regulation 2017 in response to the COVID-19 pandemic.
Local Government (General) Amendment (COVID-19) Regulation 2020
- Introduces temporary modifications to the application of provisions of the Local Government Act 1993, among other things.
Poisons and Therapeutic Goods Amendment (Prescriptions) Regulation 2020
- Provides for prescriptions for certain restricted substances to be sent to pharmacists by email of facsimile for 12 months, includes new prescribed restricted substances, and exempts hospitals from current storage requirements for those new substances for 12 months.
Public Health (COVID-19 Spitting and Coughing) Amendment Order 2020
- Gives a Ministerial direction about intentionally spitting at or coughing on workers in the workers’ place of work or while travelling to or from the place of work.
Residential Tenancies Amendment (COVID-19) Regulation 2020
- Prohibits certain actions by landlords, and introduces new requirements for landlords and proprietors of a boarding house, for 6 months.
Weapons Prohibition Amendment (COVID-19) Regulation 2020
- Amends the Weapons Prohibition Regulation 2017.
Workers Compensation Amendment (COVID-19) Regulation 2020
- Requires a second or subsequent certificate of capacity provided by an injured worker to the insurer to be in a specified form, and given by a medical practitioner or appropriately qualified physiotherapist or psychologist treating the worker for the injury.
Determination for Maximum Fares and Charges for Taxis
- Determines the maximum fares and charges that may be charged during the COVID-19 public health emergency.
Disaster Management (Further Extension of Disaster Situation - COVID-19) Regulation 2020
- Further extends the period of the disaster situation declared for the whole of the State of Queensland on 22 March 2020 and extended by regulation on 2 April 2020.
COVID-19 Emergency Response (Commercial Leases) Regulations 2020
- Prescribes matters for the purposes of the COVID-19 Emergency Response Act 2020, including when a lessee is taken to be suffering financial hardship.
COVID-19 Emergency Response (Schedule 1) Regulations 2020
- Prescribes matters for the purposes of the COVID-19 Emergency Response Act 2020.
COVID-19 Emergency Response (Section 16) Regulations 2020
- Modifies requirements under any Act or law relating to the taking of a statutory declaration so that the persons, and classes of person, who may take the declaration are those listed in Schedule 1 of the Regulations.
COVID-19 Emergency Response (Section 17) Regulations 2020
- Provides that Section 17 of the COVID-19 Emergency Response Act 2020 does not apply to a requirement that a person be physically present to witness certain documents.
Notices Under Section 20 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020
- Declares matters regarding the Supreme Court, Court of Criminal Appeal and Magistrates Court.
Care Facilities Directions (No. 2)
- Provides for restricted access to care facilities in order to limit the spread of COVID-19 within a particularly vulnerable population.
Hospital Visitor Directions (No. 2)
- Prohibits non-essential visit to hospitals in order to limit the spread of COVID-19.
Isolation (Diagnosis) Direction (No. 2)
- Requires persons diagnosed with COVID-19 to self-isolate in order to limit the spread of COVID-19.
Public Health Emergency Order Under Section 22D (PHEO #5)
- Authorises registered paramedics employed by Ambulance Victoria who have successfully completed a program of study approved by the Chief Health Officer to administer the 2020 influenza vaccine to Ambulance Victoria operational staff members.
Restricted Activity Directions (No. 4)
- Restricts the operation of certain businesses and undertakings in order to limit the spread of COVID-19.
Stay at Home Directions (No. 4)
- Requires everyone in Victoria to limit their interactions with others by restricting the circumstances in which they may leave their ordinary place of residence, and by placing restrictions on gatherings.
Extension of Duration of Public Health State of Emergency Declaration
- Extends the duration of the public health state of emergency declaration for 14 days.
Extension of State of Emergency Declaration
- Extends the state of emergency declared on 15 March 2020 for 14 days.
Declaration by Minister Extending State of National Emergency
- Further extends the State of National Emergency declared at 12.21pm on Wednesday 25 March 2020 to 12:21 pm on Wednesday 22 April 2020.
- Modifies restrictions and requirements imposed by the Employment Relations Act 2000 that may be impossible or impracticable to comply with during an epidemic.
Epidemic Preparedness (Oaths and Declarations Act 1957) Immediate Modification Order 2020
- It modifies requirements imposed by the Oaths and Declarations Act 1957 that may be impossible or impracticable to comply with during an epidemic.
- Modifies restrictions and requirements imposed by the Sale and Supply of Alcohol Act 2012 that may be impossible or impracticable to comply with during an epidemic.
- Modifies requirements imposed by section 11 of the Wills Act 2007 that may be impossible or impracticable to comply with during an epidemic.
FROM THE REGULATORS
AMSA:
Australian Government:
Clean Energy Regulator:
Department of Education, Skills and Employment:
Office of the Federal Safety Commissioner:
ONRSR:
Access Canberra:
Aboriginal Affairs:
Department of Health:
SafeWork NSW:
Transport for NSW:
Business Queensland:
Department of Aboriginal and Torres Strait Islander Partnerships:
QLD Government:
- Connecting Queenslanders with Jobs and Training
- Extra Time to Have Your Say on Single-Use Plastics Ban
- Government Appoints Agriculture Coordination Officers to COVID-19 Response
- Government Continues to Listen on Temporary COVID-19 Tenancy Measures
- Moves to Give Takeaway Business Relief from Hefty Delivery Fees
Department for Energy and Mining:
Department of Premier and Cabinet:
Department of State Growth:
WorkSafe Tasmania:
Department of Health and Human Services:
Department of Jobs, Precincts and Regions:
EnergySafe Victoria:
Department of Health:
- Changes to Prescription Rules to Support Telehealth During COVID-19
- COVID-19 (Coronavirus) - Updated 20 April 2020
Department of Mines, Industry Regulation and Safety:
- COVID-19 (Coronavirus) Frequently Asked Questions
- COVID-19 (Coronavirus) Industry Specific Information
- COVID-19 (Coronavirus) - Looking After Your Mental Health
Department of Water and Environmental Regulation:
WA Government:
- COVID-19 Coronavirus: State of Emergency Information
- Local Government Act Changes to Support COVID-19 Response
- McGowan Government Welcomes Pandemic Leave for Private Sector
- New Laws to Provide Support for Commercial and Residential Tenants and Landlords
- Unpaid Pandemic Leave and Annual Leave Flexibilities Now Available
Employment NZ:
Manatu Taonga - Ministry for Culture and Heritage:
Ministry of Business, Innovation and Employment:
- Changes to the Employment Relations Act While the Epidemic Notice is in Place
- Details On Alert Level 3 Workplace Restrictions Released
NZ Government:
- Alert Level 3 Restrictions Announced
- COVID-19 Response: New Zealand and Singapore Launch Initiative to Ensure Free Flow of Essential Goods
- COVID-19: Tertiary Student Support Package
- Government Backs Business Through COVID-19
- State of National Emergency Extended
WorkSafe NZ:
That completes this edition of the COVID-19 update. The next update will be released on Wednesday 29 April 2020.
