Commonwealth Consolidated Acts

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NATIONAL EMERGENCY DECLARATION ACT 2020 - SECT 4

Simplified outline of this Act

The Governor - General may make a declaration, called a national emergency declaration, in certain circumstances, including if the Prime Minister is satisfied that an emergency (whether occurring in or outside Australia) is causing harm that is nationally significant in Australia or in an Australian offshore area.

If a national emergency declaration is in force, a Minister may determine that certain provisions of Commonwealth laws are modified in specified ways if certain conditions are satisfied.

Provisions that may be modified include those requiring a person to provide a signature or to report matters to a Commonwealth agency.

If a national emergency declaration is in force, the Prime Minister may require Secretaries of Commonwealth Departments and others to provide information to assist in preparing for, responding to or recovering from the emergency.

A national emergency declaration also has effect for the purposes of other Commonwealth laws (called national emergency laws). Such laws provide that, if a national emergency declaration is in force, certain powers can be exercised or functions can be performed. If those powers are exercised or functions are performed, the Minister responsible for administering the relevant national emergency law must prepare a report about that and give it to the Minister administering this Act for tabling in Parliament.

A Senate Committee must begin a review of the operation of this Act immediately after the Act commences, and begin a further review of the operation of the Act within 5 years after that. A Senate Committee must also begin a review of each national emergency declaration by the first anniversary of the day on which the declaration is made.



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