Commonwealth Consolidated Acts

NATIONAL EMERGENCY DECLARATION ACT 2020 - SECT 15

Power to modify affected provisions in relation to relevant matters

  (1)   This section applies in relation to a provision (an affected provision ) of a law of the Commonwealth that requires or permits any of the following matters (a relevant matter ):

  (a)   the giving of information in writing;

  (b)   the signature of a person;

  (c)   the production of a document by a person;

  (d)   the recording of information;

  (e)   the retention of documents or information;

  (f)   the witnessing of signatures;

  (g)   the certification of matters by witnesses;

  (h)   the verification of the identity of a person;

  (i)   the attestation of documents;

  (j)   the reporting or notification of a matter to a Department, agency or authority of the Commonwealth.

Note:   This section does not apply to some affected provisions (see subsection   (8)).

  (2)   If a national emergency declaration is in force, a responsible Minister for an affected provision may, by legislative instrument, determine that, to the extent that the affected provision relates to a relevant matter:

  (a)   the affected provision is varied as specified in the determination in relation to a period specified in the determination; or

  (b)   the affected provision does not apply in relation to a period specified in the determination; or

  (c)   the affected provision does not apply, and that another provision specified in the determination applies instead, in relation to a period specified in the determination.

  (3)   A determination under subsection   (2) has effect accordingly.

Requirements relating to making determinations

  (4)   A responsible Minister for an affected provision must not make a determination under subsection   (2) in relation to the affected provision unless the responsible Minister is satisfied that:

  (a)   the determination is in response to circumstances relating to the emergency to which the national emergency declaration relates; and

  (b)   making the determination will be of benefit to the public, or a section of the public.

  (5)   The determination must specify the national emergency declaration to which it relates.

Variation and revocation of determinations

  (6)   If a responsible Minister makes a determination under subsection   (2), the responsible Minister may, by legislative instrument, vary or revoke the determination.

Period for which determinations are in force

  (7)   A determination under subsection   (2) is in force for the period:

  (a)   starting on the day specified in the determination (which may be earlier than the day the determination is made); and

  (b)   ending at the earliest of the following:

  (i)   if the determination specifies a day on which it ceases to be in force--the start of that day;

  (ii)   if the determination is revoked--the end of the day the revocation takes effect;

  (iii)   the start of the day on which the national emergency declaration to which the determination relates ceases to be in force.

This section does not apply to certain laws

  (8)   This section does not apply to:

  (a)   Part   IAA, IAAA, IAAC, IAB, IAC, IC or ID of the Crimes Act 1914 ; or

  (b)   the Australian Crime Commission Act 2002 ; or

  (c)   the Australian Federal Police Act 1979 ; or

  (d)   the Australian Security Intelligence Organisation Act 1979 ; or

  (e)   the Intelligence Services Act 2001 ; or

  (f)   the Surveillance Devices Act 2004 ; or

  (g)   the Telecommunications (Interception and Access) Act 1979 ; or

  (ga)   the Auditor - General Act 1997 ; or

  (gb)   Part   14 of the Australian Securities and Investments Commission Act 2001 ; or

  (gc)   the Human Rights (Parliamentary Scrutiny) Act 2011 ; or

  (gd)   the Inspector - General of Intelligence and Security Act 1986 ; or

  (ge)   the National Anti - Corruption Commission Act 2022 ;

  (gf)   the Ombudsman Act 1976 ; or

  (gg)   the Parliamentary Joint Committee on Law Enforcement Act 2010 ; or

  (gh)   the Parliamentary Proceedings Broadcasting Act 1946 ; or

  (gi)   the Public Accounts and Audit Committee Act 1951 ; or

  (gj)   the Public Works Committee Act 1969 ; or

  (h)   a law, or a provision of a law, of the Commonwealth prescribed by regulations for the purposes of this paragraph.

Meaning of responsible Minister

  (9)   For the purposes of this section, a responsible Minister for an affected provision is:

  (a)   if the affected provision is a provision of an Act--any Minister who administers that Act; or

  (b)   if the affected provision is a provision of an instrument made under an Act--any Minister who administers the enabling legislation (within the meaning of the Legislation Act 2003 ) under which the instrument is made.