{"id":"tas:act-2020-012","name":"COVID-19 Disease Emergency (Miscellaneous Provisions) Act (No. 2) 2020","slug":"covid-19-disease-emergency-miscellaneous-provisions-act-no-2-2020","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"12 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176772,"registerId":"tas-tas:act-2020-012-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [COVID-19 Disease Emergency (Miscellaneous Provisions) Act (No. 2) 2020](/view/html/inforce/2026-04-12/act-2020-012) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> The provisions of this Act commence on a day or days to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***commencement day***, in relation to a provision of this Act, means the day on which the provision commences;\n> \n> > ***Director*** has the same meaning as in the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) ;\n> \n> > ***disease*** means the disease, known as coronavirus disease 2019 (COVID-19), declared under [section 40 of the](/view/html/inforce/2026-04-12/act-1997-086#GS40@EN) [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) to be a notifiable disease;\n> \n> > ***emergency cessation day*** has the same meaning as in the [COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020](/view/html/inforce/2026-04-12/act-2020-011) ;\n> \n> > ***emergency period*** means the period beginning on 1 March 2020 and ending at the end of the emergency cessation day.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"### 4 Act binds Crown\n\n> This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Legislative Council Periodical Elections 2020","content":"# Part 2 Legislative Council Periodical Elections 2020","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Objectives of  Part 2","content":"### 5 Objectives of  Part 2\n\n> The objectives of this Part are to allow for the modification of the application of the [Constitution Act 1934](/view/html/inforce/2026-04-12/act-1934-094) and the [Electoral Act 2004](/view/html/inforce/2026-04-12/act-2004-051) in relation to the 2020 election, so as to enable that election to be held, so far as possible, on a day on which the holding of that election will not substantially increase the risk of the spread of the disease.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Part to prevail over certain other Acts","content":"### 6 Part to prevail over certain other Acts\n\n> > (1)  The provisions of this Part apply in relation to the 2020 election, despite any provision of the [Constitution Act 1934](/view/html/inforce/2026-04-12/act-1934-094) or of the [Electoral Act 2004](/view/html/inforce/2026-04-12/act-2004-051) .\n> \n> > (2)  In the event of an inconsistency, in relation to the 2020 election, between a provision of this Part and a provision of the [Constitution Act 1934](/view/html/inforce/2026-04-12/act-1934-094) or of the [Electoral Act 2004](/view/html/inforce/2026-04-12/act-2004-051) , the provision of this Part prevails, and the provision of the [Constitution Act 1934](/view/html/inforce/2026-04-12/act-1934-094) or of the [Electoral Act 2004](/view/html/inforce/2026-04-12/act-2004-051) does not apply, to the extent of the inconsistency.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Interpretation of  Part 2","content":"### 7 Interpretation of  Part 2\n\n> In this Part –\n> \n> > ***Council*** means the Legislative Council of the Parliament of Tasmania;\n> \n> > ***Council division*** means a division, of the Council, determined in accordance with the [Constitution Act 1934](/view/html/inforce/2026-04-12/act-1934-094) ;\n> \n> > ***current Council member*** means a member of the Council who, on or after the commencement day, holds office, before the 2020 election, in relation to a Council division to which the 2020 election is to relate;\n> \n> > ***periodical election*** has the same meaning as in the [Constitution Act 1934](/view/html/inforce/2026-04-12/act-1934-094) ;\n> \n> > ***2020 election*** means the periodical election, for Council members for certain Council divisions, that is to be held for the year 2020.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"When 2020 election to be held","content":"### 8 When 2020 election to be held\n\n> > (1)  The Governor may, under [section 19(4) of the](/view/html/inforce/2026-04-12/act-1934-094#GS19@Gs4@EN) [Constitution Act 1934](/view/html/inforce/2026-04-12/act-1934-094) , appoint by proclamation on behalf of the 2020 election a Saturday in a month before 31 December 2020.\n> \n> > (2)  The Governor may only make a proclamation in accordance with [subsection (1)](#GS8@Gs1@EN) if, before the day on which the proclamation is made, the Director has notified the Minister that he or she is of the opinion that there is no longer a significant risk to public health that would make it undesirable to hold the 2020 election.\n> \n> > (3)  Despite [section 19 of the](/view/html/inforce/2026-04-12/act-1934-094#GS19@EN) [Constitution Act 1934](/view/html/inforce/2026-04-12/act-1934-094) , if a notice has not been given to the Minister under [subsection (2)](#GS8@Gs2@EN) in time for the 2020 election to be able, under the [Electoral Act 2004](/view/html/inforce/2026-04-12/act-2004-051) , to be held on a Saturday in a month before 31 December 2020, the Governor must, under [section 19(4) of the](/view/html/inforce/2026-04-12/act-1934-094#GS19@Gs4@EN) [Constitution Act 1934](/view/html/inforce/2026-04-12/act-1934-094) , appoint by proclamation on behalf of the 2020 election the Saturday in a month that is appointed by proclamation under [section 19 of the](/view/html/inforce/2026-04-12/act-1934-094#GS19@EN) [Constitution Act 1934](/view/html/inforce/2026-04-12/act-1934-094) for the next periodical election that is to be held in the year 2021 for a Council member.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Term of Council members to which 2020 election relates and their successors","content":"### 9 Term of Council members to which 2020 election relates and their successors\n\n> > (1)  The term of office of a current Council member in relation to a Council division to which the 2020 election is to relate expires on the day on which there is publicly declared, under [section 148 of the](/view/html/inforce/2026-04-12/act-2004-051#GS148@EN) [Electoral Act 2004](/view/html/inforce/2026-04-12/act-2004-051) , the name of the candidate elected in relation to the Council division as a result of the 2020 election.\n> \n> > (2)  Before the next periodical election, after the 2020 election, for the office of a Council member in relation to a Council division to which the 2020 election relates, the term of office, in relation to the Council division, of a Council member in relation to that division –\n> > \n> > > > (a) is to begin on the day on which the name of the person elected in relation to the Council division as a result of the 2020 election is declared, under section 148 of the [Electoral Act 2004](/view/html/inforce/2026-04-12/act-2004-051) , as the candidate elected in relation to the Council division as a result of the 2020 election; and\n> > > \n> > > > (b) expires on the day on which there is publicly declared, under [section 148 of the](/view/html/inforce/2026-04-12/act-2004-051#GS148@EN) [Electoral Act 2004](/view/html/inforce/2026-04-12/act-2004-051) , the name of the candidate elected in relation to the Council division as a result of the next Council election for the division after the 2020 election.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions of Tasmanian Health Service","content":"# Part 3 Functions of Tasmanian Health Service","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Interpretation and application of  Part 3","content":"### 10 Interpretation and application of  Part 3\n\n> > (1)  In this Part –\n> > \n> > > ***the Act*** means the [Tasmanian Health Service Act 2018](/view/html/inforce/2026-04-12/act-2018-001) .\n> \n> > (2)  In this Part, a word or phrase that appears in this Part and in the Act has the meaning assigned to it under the Act.\n> \n> > (3)  The provisions of this Part apply despite any provision of the Act.\n> \n> > (4)  In the event of an inconsistency between a provision of this Part and a provision of the Act, the provision of this Part prevails, and the provision of the Act does not apply, to the extent of the inconsistency.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Functions of Tasmanian Health Service include provision of assistance to certain persons","content":"### 11 Functions of Tasmanian Health Service include provision of assistance to certain persons\n\n> > (1)  During the emergency period, the THS may –\n> > \n> > > > (a) enter into a contract or arrangement with any person; and\n> > > \n> > > > (b) in accordance with such a contract or arrangement, perform for the person, provide to the person, or assist the person to perform or provide –\n> > \n> > any functions, hospital services, medical services, health services or health support services, that are reasonably required to ensure that, despite the disease-related factors, such services may be performed or provided by the THS or performed or provided by the person.\n> \n> > (2)  This section applies irrespective of whether the performance of a function, or the provision of a service, referred to in this section, or the provision of assistance to enable such a function to be performed, or service to be provided, by another person –\n> > \n> > > > (a) is not consistent with the ministerial charter; or\n> > > \n> > > > (b) is not specified in, or is inconsistent with, the service plan in force from time to time; or\n> > > \n> > > > (c) would, but for this section, otherwise not be authorised under the Act.\n> \n> > (3)  In this section –\n> > \n> > > ***disease-related factors*** means factors arising from, or related to –\n> > > \n> > > > > (a) the disease; or\n> > > > \n> > > > > (b) actions taken, or attempts made, to reduce the risk of the spread of the disease, whether or not taken under the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) or the [Emergency Management Act 2006](/view/html/inforce/2026-04-12/act-2006-012) and whether or not the actions taken, or attempts made, occur within the State or outside the State or relate to matters within the State; or\n> > > > \n> > > > > (c) actions taken, or attempts made, to reduce the social and financial effects of the disease, whether or not the actions taken, or attempts made, occur within the State or outside the State or relate to matters within the State; or\n> > > > \n> > > > > (d) a failure to take, or to attempt to take, actions referred to in [paragraph (a)](#GS11@Gs3@Hpa@EN) , [(b)](#GS11@Gs3@Hpb@EN) or [(c)](#GS11@Gs3@Hpc@EN) .","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Taxi Operation","content":"# Part 4 Taxi Operation","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Interpretation and application of  Part 4","content":"### 12 Interpretation and application of  Part 4\n\n> > (1)  In this Part –\n> > \n> > > ***ordinary taxi*** means a taxi that is not a wheelchair-accessible taxi;\n> > \n> > > ***wheelchair-accessible taxi*** means a taxi that is –\n> > > \n> > > > > (a) a wheelchair-accessible taxi; or\n> > > > \n> > > > > (b) a remote area wheelchair-accessible taxi; or\n> > > > \n> > > > > (c) a substitute wheelchair-accessible taxi.\n> \n> > (2)  In this Part, a word or phrase that appears in this Part and in the [Taxi and Hire Vehicle Industries Act 2008](/view/html/inforce/2026-04-12/act-2008-030) has the meaning assigned to it under that Act.\n> \n> > (3)  The provisions of this Part apply despite any provision of the [Taxi and Hire Vehicle Industries Act 2008](/view/html/inforce/2026-04-12/act-2008-030) or of the [Taxi Industry Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-056) .\n> \n> > (4)  In the event of an inconsistency between a provision of this Part and a provision of the [Taxi and Hire Vehicle Industries Act 2008](/view/html/inforce/2026-04-12/act-2008-030) or of the [Taxi Industry Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-056) , the provision of this Part prevails, and the provision of the [Taxi and Hire Vehicle Industries Act 2008](/view/html/inforce/2026-04-12/act-2008-030) or of the [Taxi Industry Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-056) does not apply, to the extent of the inconsistency.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Requirement to make new taxi licences available not to apply in relation to year 2020","content":"### 13 Requirement to make new taxi licences available not to apply in relation to year 2020\n\n> > (1)  [Section 23(1) of the](/view/html/inforce/2026-04-12/act-2008-030#GS23@Gs1@EN) [Taxi and Hire Vehicle Industries Act 2008](/view/html/inforce/2026-04-12/act-2008-030) does not apply in relation to the year 2020 in relation to any taxi area.\n> \n> > (2)  The Minister responsible for the [Taxi and Hire Vehicle Industries Act 2008](/view/html/inforce/2026-04-12/act-2008-030) may, by a notice, or notices, in the *Gazette*, declare that [section 23(1)](/view/html/inforce/2026-04-12/act-2008-030#GS23@Gs1@EN) of that Act does not apply in relation to the year 2021, or 2022, or both, in relation to any taxi area specified in the notice.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Older taxis may continue to operate","content":"### 14 Older taxis may continue to operate\n\n> > (1)  Despite any provision of the [Taxi and Hire Vehicle Industries Act 2008](/view/html/inforce/2026-04-12/act-2008-030) or of the [Taxi Industry Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-056) , the Commission may do any one or more of the following:\n> > \n> > > > (a) approve a vehicle for use as an ordinary taxi or as a wheelchair-accessible taxi;\n> > > \n> > > > (b) issue a licence in relation to a vehicle or transfer a licence to a vehicle –\n> > > \n> > > even if the vehicle –\n> > > \n> > > > (c) is a wheelchair-accessible taxi and the vehicle –\n> > > > \n> > > > > > (i) in the case of a remote taxi area – is more than 7 years old; or\n> > > > > \n> > > > > > (ii) in the case of any other taxi area – is more than 12 months old or has an odometer reading of more than 1 000 kilometres, or both; or\n> > > \n> > > > (d) is an ordinary taxi and the vehicle –\n> > > > \n> > > > > > (i) in the case of a vehicle operated under a taxi licence in relation to a metropolitan taxi area – is more than 5 years old; or\n> > > > > \n> > > > > > (ii) in the case of a vehicle operated under a taxi licence in relation to an area other than a metropolitan taxi area – is more than 7 years old.\n> \n> > (2)  Despite any provision of the [Taxi and Hire Vehicle Industries Act 2008](/view/html/inforce/2026-04-12/act-2008-030) , a vehicle used, or intended for use, as a wheelchair-accessible taxi is not to be taken to fail to meet the criteria set out in [Schedule 1](/view/html/inforce/2026-04-12/act-2008-030#JS1@EN) to that Act by reason only that the vehicle –\n> > \n> > > > (a) in the case of a remote taxi area – is more than 7 years old; or\n> > > \n> > > > (b) in the case of any other taxi area – is more than 12 months old or has an odometer reading of more than 1 000 kilometres, or both.\n> \n> > (3)  Despite any provision of the [Taxi and Hire Vehicle Industries Act 2008](/view/html/inforce/2026-04-12/act-2008-030) or of the [Taxi Industry Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-056) , the responsible operator of a taxi licence in relation to a wheelchair-accessible taxi is not to be taken to fail to meet the criteria set out in [Schedule 1](/view/html/inforce/2026-04-12/act-2008-030#JS1@EN) to the [Taxi and Hire Vehicle Industries Act 2008](/view/html/inforce/2026-04-12/act-2008-030) by reason only that the vehicle –\n> > \n> > > > (a) in the case of a remote taxi area – is more than 7 years old; or\n> > > \n> > > > (b) in the case of any other taxi area – is more than 12 months old or has an odometer reading of more than 1 000 kilometres, or both.\n> \n> > (4)  Despite any provision of the [Taxi and Hire Vehicle Industries Act 2008](/view/html/inforce/2026-04-12/act-2008-030) or of the [Taxi Industry Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-056) , an ordinary taxi is not to be taken to fail to be suitable for use as a taxi, to fail to meet the vehicle specifications set out in [Schedule 1](/view/html/inforce/2026-04-12/act-2008-030#JS1@EN) to the Act, or to fail to comply with the [Taxi Industry Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-056) , by reason only that the vehicle –\n> > \n> > > > (a) in the case of a vehicle operated under a taxi licence in relation to a metropolitan taxi area – is more than 5 years old; or\n> > > \n> > > > (b) in the case of a vehicle operated under a taxi licence in relation to an area other than a metropolitan taxi area – is more than 7 years old.\n> \n> > (5)  Despite any provision of the [Taxi and Hire Vehicle Industries Act 2008](/view/html/inforce/2026-04-12/act-2008-030) or of the [Taxi Industry Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-056) , the responsible operator of a taxi licence in relation to an ordinary taxi is not to be taken to fail to meet the vehicle specifications set out in [Schedule 1](/view/html/inforce/2026-04-12/act-2008-030#JS1@EN) to the [Taxi and Hire Vehicle Industries Act 2008](/view/html/inforce/2026-04-12/act-2008-030) by reason only that the vehicle –\n> > \n> > > > (a) in the case of a vehicle operated under the taxi licence in relation to a metropolitan taxi area – is more than 5 years old; or\n> > > \n> > > > (b) in the case of a vehicle operated under the taxi licence in relation to an area other than a metropolitan taxi area – is more than 7 years old.\n> \n> > (6)  This section ceases to be in force on whichever is the later of the following days:\n> > \n> > > > (a) the emergency cessation day;\n> > > \n> > > > (b) a later day, determined by the Minister by a notice published in the *Gazette* before the emergency cessation day.","sortOrder":17},{"sectionNumber":"Part 5","sectionType":"part","heading":"Registration of Certain Vehicles","content":"# Part 5 Registration of Certain Vehicles","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Interpretation and application of Part 5","content":"### 15 Interpretation and application of Part 5\n\n> > (1)  In this Part –\n> > \n> > > ***relevant period***, in relation to a vehicle, means –\n> > > \n> > > > > (a) unless [paragraph (b)](#GS15@Gs1@Nd204755@Hpb@EN) applies, the emergency period; or\n> > > > \n> > > > > (b) a shorter period ending on a day nominated under [section 16(2)](#GS16@Gs2@EN) in relation to the vehicle;\n> > \n> > > ***the Act*** means the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070) and any regulations made under that Act.\n> \n> > (2)  In this Part, a word or phrase that appears in this Part and in the Act has the meaning assigned to it under the Act.\n> \n> > (3)  The provisions of this Part apply despite any provision of the Act.\n> \n> > (4)  In the event of an inconsistency between a provision of this Part and a provision of the Act, the provision of this Part prevails, and the provision of the Act does not apply, to the extent of the inconsistency.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Registrar may freeze registration of certain vehicles","content":"### 16 Registrar may freeze registration of certain vehicles\n\n> > (1)  The Registrar may determine that the registration of a vehicle –\n> > \n> > > > (a) that is owned by a person, or a member of a class of persons, specified in the notice; or\n> > > \n> > > > (b) in relation to which there is a registered operator, or a registered operator who is within a class of persons, specified in the notice –\n> > \n> > is frozen for the relevant period.\n> \n> > (2)  An owner of a vehicle, or a registered operator in relation to a vehicle, may, by notice to the Registrar, nominate a day to be the day on which this section is to cease to apply in relation to the vehicle.\n> \n> > (3)  If the registration of a vehicle is frozen for the relevant period under [subsection (1)](#GS16@Gs1@EN)  –\n> > \n> > > > (a) the period of the registration of the vehicle is not to be taken to include the relevant period; and\n> > > \n> > > > (b) the registration of the vehicle is extended for so much of the period, within the relevant period, as is a period in relation to which the registration was paid and has not been refunded under [paragraph (c)](#GS16@Gs3@Hpc@EN) ; and\n> > > \n> > > > (c) if a person makes a request under [subsection (4)](#GS16@Gs4@EN) for the Registrar to refund an amount, paid by the person for registration of the vehicle in relation to all, or part, of the relevant period – the Registrar must refund to the person the amount paid in relation to all, or part, of the relevant period, respectively.\n> \n> > (4)  The owner of a vehicle, or a registered operator in relation to a vehicle, may request the Registrar to refund the amount paid by the owner or registered operator for registration of the vehicle in relation to all, or part, of the relevant period, as nominated by the owner or registered operator in the request.\n> \n> > (5)  If the registration of a vehicle is frozen for the relevant period under [subsection (1)](#GS16@Gs1@EN) , the vehicle may not be used on a public street during that period, unless otherwise authorised under the Act.","sortOrder":20},{"sectionNumber":"Part 6","sectionType":"part","heading":"COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 Amended","content":"# Part 6 COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 Amended\n\n*\n\n**17.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020](/view/html/inforce/2026-04-12/act-2020-011) .\n\n**\n\n**18.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020](/view/html/inforce/2026-04-12/act-2020-011) .\n\n**\n\n**19.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020](/view/html/inforce/2026-04-12/act-2020-011) .\n\n*","sortOrder":21},{"sectionNumber":"17.","sectionType":"section","heading":null,"content":"### 17.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020](/view/html/inforce/2026-04-12/act-2020-011) .","sortOrder":22},{"sectionNumber":"18.","sectionType":"section","heading":null,"content":"### 18.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020](/view/html/inforce/2026-04-12/act-2020-011) .","sortOrder":23},{"sectionNumber":"19.","sectionType":"section","heading":null,"content":"### 19.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020](/view/html/inforce/2026-04-12/act-2020-011) .","sortOrder":24},{"sectionNumber":"Part 7","sectionType":"part","heading":"Emergency Management Act 2006 Amended","content":"# Part 7 Emergency Management Act 2006 Amended\n\n*\n\n**20.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Emergency Management Act 2006](/view/html/inforce/2026-04-12/act-2006-012) .\n\n**\n\n**21.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Emergency Management Act 2006](/view/html/inforce/2026-04-12/act-2006-012) .\n\n*","sortOrder":25},{"sectionNumber":"20.","sectionType":"section","heading":null,"content":"### 20.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Emergency Management Act 2006](/view/html/inforce/2026-04-12/act-2006-012) .","sortOrder":26},{"sectionNumber":"21.","sectionType":"section","heading":null,"content":"### 21.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Emergency Management Act 2006](/view/html/inforce/2026-04-12/act-2006-012) .","sortOrder":27},{"sectionNumber":"Part 8","sectionType":"part","heading":"Public Health Act 1997 Amended","content":"# Part 8 Public Health Act 1997 Amended\n\n*\n\n**22.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) .\n\n**\n\n**23.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) .\n\n**\n\n**24.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) .\n\n**\n\n**25.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) .\n\n**\n\n**26.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) .\n\n**\n\n**27.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) .\n\n**\n\n**28.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) .\n\n*","sortOrder":28},{"sectionNumber":"22.","sectionType":"section","heading":null,"content":"### 22.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) .","sortOrder":29},{"sectionNumber":"23.","sectionType":"section","heading":null,"content":"### 23.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) .","sortOrder":30},{"sectionNumber":"24.","sectionType":"section","heading":null,"content":"### 24.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) .","sortOrder":31},{"sectionNumber":"25.","sectionType":"section","heading":null,"content":"### 25.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) .","sortOrder":32},{"sectionNumber":"26.","sectionType":"section","heading":null,"content":"### 26.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) .","sortOrder":33},{"sectionNumber":"27.","sectionType":"section","heading":null,"content":"### 27.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) .","sortOrder":34},{"sectionNumber":"28.","sectionType":"section","heading":null,"content":"### 28.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) .","sortOrder":35},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"# Part 9 Miscellaneous","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Regulations","content":"### 29 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  Regulations may –\n> > \n> > > > (a) apply or incorporate, wholly or partly and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified person or body; and\n> > > \n> > > > (b) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited, according to the discretion of –\n> > > > \n> > > > > > (i) the Minister; or\n> > > > > \n> > > > > > (ii) the State Controller within the meaning of the [Emergency Management Act 2006](/view/html/inforce/2026-04-12/act-2006-012) ; or\n> > > > > \n> > > > > > (iii) the Director; or\n> > > > > \n> > > > > > (iv) any other person or body specified in the regulations.\n> \n> > (3)  A reference in this section to a code, standard, policy or other document includes a reference to an amendment of that code, standard, policy or other document, whether the amendment is published before or after the commencement day.\n> \n> > (4)  If a code, standard, policy or other document is referred to or incorporated in the regulations –\n> > \n> > > > (a) a copy of the code, standard, policy or other document must be made and kept available for viewing, without charge, at a website of the department primarily responsible for the administration of the matter to which the code, standard, policy, or other document, relates; and\n> > > \n> > > > (b) evidence of the contents of the code, standard, policy or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard, policy or other document.\n> \n> > (5)  The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.\n> \n> > (6)  The regulations may specify that the requirement, under [section 4](/view/html/inforce/2026-04-12/act-1992-030#GS4@EN) or [5](/view/html/inforce/2026-04-12/act-1992-030#GS5@EN) of the [Subordinate Legislation Act 1992](/view/html/inforce/2026-04-12/act-1992-030) , for compliance with guidelines, or for the preparation of a regulatory impact statement, in relation to regulations made under this Act, does not apply in relation to a regulation specified in a regulation, or all regulations.\n> \n> > (7)  The regulations may –\n> > \n> > > > (a) provide that a contravention of any of the regulations is an offence; and\n> > > \n> > > > (b) in respect of such an offence, provide for the imposition of a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.\n> \n> > (8)  The regulations may –\n> > \n> > > > (a) include provisions of a savings or transitional nature consequent on the enactment of this Act or the making of any regulations under this Act; and\n> > > \n> > > > (b) provide for any of those savings or transitional matters to take effect on the commencement day or on a later day specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made.\n> \n> > (9)  Despite [section 47(3)(c) of the](/view/html/inforce/2026-04-12/act-1931-059#GS47@Gs3@Hpc@EN) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) , all regulations made under this Act must be laid before each House of Parliament on the next sitting-day of that House after the regulations are made.","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Administration of Act","content":"### 30 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Premier; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Premier and Cabinet.","sortOrder":38}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Act remains within the scope of emergency, temporary adjustments in response to COVID‑19. Its principal functions—allowing election timing flexibility for public‑health reasons (Part 2), empowering the Tasmanian Health Service to contract and assist to maintain service delivery (Part 3), temporarily relaxing taxi vehicle and licensing rules (Part 4), and permitting registration freezes and refunds (Part 5)—are consistent with the original emergency-response purpose set out in its objectives (s 5 and s 11). The Act does expand administrative discretion and regulatory flexibility (notably via s 29), but those expansions are framed as temporary and tied to the emergency period; they do not represent a durable widening of policy scope beyond what the emergency-response instrument aims to achieve."},"complexity_factors":["9 Parts with multiple discrete policy areas (elections, health service functions, taxi industry, vehicle registration, amendments to other Acts, regulations)","Frequent cross-references to at least 7 principal Acts (Constitution Act 1934; Electoral Act 2004; Tasmanian Health Service Act 2018; Taxi and Hire Vehicle Industries Act 2008; Vehicle and Traffic Act 1999; Public Health Act 1997; Emergency Management Act 2006)","Multiple defined terms in Part 1 and in specific Parts (e.g. 'emergency period', 'disease', 'Director', 'current Council member', 'relevant period')","Several \"prevails despite\" / inconsistency clauses that override existing Acts (ss 6, 10(3), 12(3), 15(3)) increasing interpretive layering","Discretionary powers delegated across multiple actors (Governor, Minister, Director, State Controller, Commission, Registrar) with Gazette and website publication requirements (ss 2, 8, 11, 16, 29)","Temporal and conditional logic: measures tied to 'emergency period' and 'emergency cessation day' with Minister/Governor power to set or extend dates (s 3, s 14(6))","Regulations may incorporate external documents and exempt usual subordinate‑legislation procedural requirements (s 29(2)–(6)), adding administrative complexity","Refund and registration freeze mechanics require owner/operator requests and record-keeping (s 16(3)–(4))","Criminal penalties and fine limits introduced by regulation (s 29(7))"],"plain_english_summary":"**What this Act does (mechanically)\n\n- Allows temporary changes, for the duration of the COVID-19 emergency period, to a range of existing Tasmanian laws so certain public functions and industries can operate differently during the pandemic.\n\n- Changes include:\n  - Delaying or rescheduling the 2020 Legislative Council periodical elections until a Saturday when the Public Health Director has said the risk from COVID-19 has fallen (ss 5–9).\n  - Giving the Tasmanian Health Service explicit power, during the emergency period, to enter contracts and provide or assist others to provide hospital, medical and health services even if those actions would otherwise be inconsistent with its usual charter or service plan (s 11).\n  - Temporarily suspending some taxi industry rules so older vehicles may continue to be approved, licensed or treated as meeting vehicle-specification requirements (ss 12–14). The Minister may suspend the usual requirement to make new taxi licences available for 2020, and may extend that suspension into 2021 or 2022 by Gazette notice (s 13).\n  - Allowing the vehicle registration authority to \"freeze\" registration periods for nominated classes of owners or operators (so the frozen time does not count against the paid registration) and to refund registration fees for the frozen period; frozen vehicles are not to be used on public streets during that time (ss 15–16).\n  - Giving wide regulation‑making power to the Governor, including the ability to incorporate external codes or documents, to delegate decision-making discretions to the Minister, the State Controller, the Public Health Director or others, and to create offences and fines up to 100 penalty units (ss 29–30).\n\n**Who is affected\n\n- Voters and electoral administrators (Legislative Council election timing and terms) — election day may be moved within 2020 subject to a public health sign‑off by the Director (ss 5–9).\n- The Tasmanian Health Service, private health providers and patients — THS can contract broadly to secure service delivery during the emergency (s 11).\n- Taxi industry participants (licensees, vehicle operators, wheelchair‑accessible taxi operators, prospective entrants) — some fleet age and licensing requirements may be relaxed temporarily; the requirement to release new licences in 2020 is suspended and may be extended by notice (ss 12–14).\n- Vehicle owners and registered operators — registrations can be frozen and fees refunded for the frozen period, but frozen vehicles must not be used on public roads (ss 15–16).\n- Ministers, the State Controller, the Public Health Director, regulatory agencies and the Registrar — the Act gives them new or expanded discretionary powers and responsibilities (notably ss 8(2), 11, 16, 29).\n\n**Why it matters (official purpose and practical implications)\n\n- The stated objective for the election changes is to permit the 2020 Legislative Council periodical election to be held on a day that will not substantially increase the risk of spreading COVID‑19 (s 5).\n- The THS provisions are designed to ensure essential health services can continue to be delivered despite pandemic-related disruptions by allowing THS to contract or assist other providers and to act outside its usual charter or service plan where necessary (s 11).\n- Taxi and vehicle registration measures are intended to reduce immediate economic and logistical pressures on operators and owners (for example, by allowing older taxis to keep operating and by freezing registrations if vehicles will not be used), and to give regulators tools to manage supply and safety requirements flexibly (ss 13–16).\n\n**Testing the purpose-claims against costs, incentives and implementation risks (select sections cited)\n\n- Concentrated beneficiaries and who pays: relaxed taxi age and licence rules (ss 13–14) deliver concentrated, immediate benefits to taxi licence-holders and vehicle operators by reducing replacement costs. Costs are borne diffusely by regulatory oversight (potentially increased inspection or safety enforcement costs) and by consumers if relaxed standards affect service quality. For THS contracting (s 11), costs for engaging private providers are borne by the health system (i.e. taxpayers) unless contracts allocate cost recovery to other parties.\n\n- Discretion and delegation: the Act repeatedly gives decision-making latitude — e.g. the Governor may proclaim commencement days (s 2); the Director must notify before a Governor proclamation fixing the election day (s 8(2)); the Registrar may freeze registrations for specified owners or operator classes (s 16(1)); and regulations may delegate matters to the Minister, the State Controller, the Director or others (s 29(2)). Concentrating discretion speeds action but raises implementation risk: inconsistent application, administrative burden on agencies required to make and publish notices, and potential legal uncertainty for affected parties.\n\n- Compliance burden and administrative costs: operators seeking licence approvals or transfers under the temporary taxi relaxations (s 14) and vehicle owners requesting refunds under registration freezes (s 16(4)) will impose extra administrative work on the Commission and Registrar. The Act also requires Gazette notices and website publication of incorporated documents (s 29(4)), which add procedural steps.\n\n- Substitution effects and safety trade-offs: allowing older taxis to remain in service (s 14) substitutes capital replacement for short‑term liquidity relief. That reduces immediate costs for operators but may increase medium‑term maintenance and safety oversight needs. The Act explicitly keeps these measures temporary (they cease on emergency cessation day or a Minister‑determined later day) to limit long‑run scope (s 14(6)).\n\n- Legal clarity and temporal scope: the Act repeatedly overrides or prevails over inconsistent provisions in existing Acts (e.g. ss 6, 10(3), 12(3), 15(3)), providing legal clarity for emergency measures, but that layering increases interpretive complexity where ordinary statutory rules are suspended.\n\n**Operational details to note (key sections)\n\n- Emergency period runs 1 March 2020 until the end of the emergency cessation day (s 3).\n- Election postponement requires the Director's public‑health assessment (s 8(2)); if that advice does not arrive in time, the Governor must appoint the Saturday already scheduled for the corresponding 2021 election (s 8(3)).\n- THS may act beyond its charter or service plan during the emergency (s 11(2)).\n- Taxi vehicle‑age limits and licence-release requirements may be relaxed, but those temporary relaxations end at emergency cessation day unless the Minister extends by Gazette notice (s 14(6); s 13(2)).\n- Registrar may freeze vehicle registrations for classes of owners/operators, extend registration periods by excluding the frozen period from the paid term, and must refund registration fees when requested (s 16).\n- Regulations may incorporate external documents, delegate wide discretions, create offences with fines up to 100 penalty units, and exempt some subordinate‑legislation formalities (ss 29(1)–(7)).\n\n**Net effect in plain terms\n\n- The Act is a package of temporary, pandemic‑time adjustments that (a) let the state delay or reschedule an election for public‑health reasons, (b) broaden THS contracting powers to keep health services running, (c) relax some taxi and vehicle rules to reduce short‑term business disruption, and (d) allow registration freezes and refunds for idle vehicles. It centralises several discretionary decisions in public officials and provides regulation‑making powers to implement the temporary regime (notably ss 8, 11, 13–16, 29)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: providing miscellaneous emergency provisions for the COVID-19 pandemic. While it covers diverse areas (elections, health, transport), all provisions are directly tied to pandemic response and contain appropriate temporal limitations (emergency period, specific years like 2020). The scope has not expanded beyond the emergency context."},"complexity_factors":["Multiple distinct subject matters (elections, health services, taxis, vehicle registration) in one Act","Frequent cross-references to other legislation (Constitution Act 1934, Electoral Act 2004, Public Health Act 1997, etc.)","Conditional triggers based on external events (Director's notification, emergency cessation day, proclamations)","Nested definitions (e.g., 'disease-related factors' has four sub-paragraphs with multiple conditions)","Override provisions stating this Act prevails over inconsistent provisions in other Acts","Sunset provisions tied to the 'emergency cessation day' (a defined term from another Act)","Parts 6-8 contain placeholder sections indicating amendments have been incorporated elsewhere, making the standalone text incomplete"],"plain_english_summary":"This is a Tasmanian law passed in 2020 to deal with the COVID-19 pandemic. It makes temporary changes to several different areas of law to help the state manage the emergency.\n\n**What it does:**\n\n- **Elections**: Allows the 2020 Legislative Council (upper house) elections to be postponed until it's safe to hold them. The Governor can delay the election until the Director of Public Health confirms there's no significant health risk. If the election can't be held in 2020, it gets rolled into the 2021 election cycle.\n\n- **Health Services**: Gives the Tasmanian Health Service (THS) extra powers during the emergency period to enter contracts and provide services that wouldn't normally be allowed under their usual rules. This lets them respond flexibly to pandemic-related needs.\n\n- **Taxis**: Suspends rules that would normally require new taxi licences to be issued in 2020. Also allows older taxis to keep operating even if they don't meet the usual age or mileage requirements (for example, wheelchair-accessible taxis can be older than normally allowed).\n\n- **Vehicle Registration**: Lets the Registrar 'freeze' vehicle registrations during the emergency period. This means the registration period gets extended, and owners can get refunds for time they didn't use the vehicle. Frozen vehicles can't be driven on public roads unless authorised.\n\n- **Amendments to other laws**: The Act also amends three other Acts (the COVID-19 Disease Emergency Act 2020, the Emergency Management Act 2006, and the Public Health Act 1997), though the specific amendments are not shown in this version—they've been incorporated into the authorised versions of those Acts.\n\n**Who it affects:**\n- Voters and candidates in the 2020 Legislative Council elections\n- The Tasmanian Health Service and its contractors\n- Taxi operators and licence holders\n- Vehicle owners who want to freeze their registration\n- The general public, through enhanced public health powers\n\n**Why it matters:**\nThis law gave the Tasmanian government flexibility to adapt normal rules during an unprecedented health emergency. It balanced public health protection with practical needs—keeping essential services running, preventing unnecessary costs for vehicle owners, and ensuring democratic processes could continue safely."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The 'Miscellaneous Provisions' label and 'No. 2' designation strongly suggest this Act expanded beyond any single original policy intent to address multiple areas of law simultaneously. Emergency omnibus legislation (laws that change many things at once) by nature broadens scope as urgent practical problems arose across different sectors during the pandemic. However, without the full Act text, this assessment is based on the Act's structure and context rather than confirmed provisions."},"complexity_factors":["'Miscellaneous Provisions' structure means the Act likely amends multiple unrelated laws simultaneously, requiring readers to cross-reference many different statutes","Emergency legislation often grants broad ministerial discretion, which can be difficult to interpret and predict in application","Being a 'No. 2' Act implies interaction with a prior COVID emergency Act, adding a layer of cross-referential complexity","COVID-era legislative changes were often time-limited or conditional on declared emergency periods, requiring tracking of triggering and expiry conditions","Insufficient text was provided to fully assess complexity — score is conservative given metadata-only content available"],"plain_english_summary":"A Tasmanian emergency law from May 2020 that bundled wide temporary changes across multiple areas of law in response to COVID‑19. As a catch‑all \"No. 2\" Act, it affected broad groups — businesses, tenants, employers, courts, and people dealing with government — by enabling short‑term alterations to normal legal processes during the pandemic.\n\nIt matters because it permitted urgent adjustments (deadlines, meeting arrangements, administrative powers and protections) to keep services and rights functioning under lockdown conditions."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/covid-19-disease-emergency-miscellaneous-provisions-act-no-2-2020","history":"/api/acts/covid-19-disease-emergency-miscellaneous-provisions-act-no-2-2020/history","analysis":"/api/acts/covid-19-disease-emergency-miscellaneous-provisions-act-no-2-2020/analysis","conflicts":"/api/acts/covid-19-disease-emergency-miscellaneous-provisions-act-no-2-2020/conflicts","importantCases":"/api/acts/covid-19-disease-emergency-miscellaneous-provisions-act-no-2-2020/important-cases","documents":"/api/acts/covid-19-disease-emergency-miscellaneous-provisions-act-no-2-2020/documents"}}