Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 128, 2020
Compilation No. 7
Compilation date: 1 July 2023
Includes amendments up to: Act No. 89, 2022
Registered: 13 July 2023
About this compilation
This compilation
This is a compilation of the National Emergency Declaration Act 2020 that shows the text of the law as amended and in force on 1 July 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Introduction
Division 1--Preliminary
1 Short title
2 Commencement
3 Object of this Act
4 Simplified outline of this Act
5 Act binds the Crown
6 Extension to external Territories
7 Extension to Australian offshore areas
8 Executive power of the Commonwealth
9 Concurrent operation of State and Territory laws
Division 2--Definitions
10 Definitions
Part 2--National emergency declarations
11 Governor-General may make a national emergency declaration
12 Governor-General may extend period for which a national emergency declaration is in force
13 Governor-General may vary any other aspect of a national emergency declaration
14 Governor-General may revoke a national emergency declaration
14A Review of national emergency declaration
Part 3--Modification of administrative requirements during a national emergency
15 Ministers may modify administrative requirements during a national emergency
Part 4--Other matters
16 Provision of emergency management information
17 Reporting on the exercise of powers etc. under national emergency laws
18 Review of operation of this Act
19 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
128, 2020 | 15 Dec 2020 | 16 Dec 2020 (s 2(1) item 1) |
| |
National Emergency Declaration (Consequential Amendments) Act 2020 | 129, 2020 | 15 Dec 2020 | Sch 2 (item 1): 17 June 2021 (s 2(1) item 3) | -- |
Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 | 98, 2021 | 3 Sept 2021 | Sch 3 (item 5): 4 Sept 2021 (s 2(1) item 4) | -- |
Security Legislation Amendment (Critical Infrastructure) Act 2021 | 124, 2021 | 2 Dec 2021 | Sch 1 (item 74): 3 Dec 2021 (s 2(1) item 4) | -- |
39, 2022 | 30 Sept 2022 | Sch 1 (items 1B, 48A, 48H): 1 Oct 2022 (s 2(1) items 2, 2A, 2B) | -- | |
Treasury Laws Amendment (2022 Measures No. 3) Act 2022 | 75, 2022 | 5 Dec 2022 | Sch 2 (item 1): 6 Dec 2022 (s 2(1) item 3) | -- |
National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022 | 89, 2022 | 12 Dec 2022 | Sch 1 (item 124): 1 July 2023 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
Division 2 |
|
s 10.................... | am No 129, 2020; No 124, 2021; No 39, 2022; No 75, 2022 |
Part 3 |
|
s 15.................... | am No 98, 2021; No 89, 2022 |