{"id":"C2020A00128","name":"National Emergency Declaration Act 2020","slug":"national-emergency-declaration-act-2020","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"128 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":56982,"registerId":"commonwealth-C2020A00128-1775105972621","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Introduction","content":"An Act to provide for the declaration of national emergencies, and for related purposes\n\n## Part 1—Introduction\n\n### Division 1—Preliminary\n\n#### 1 Short title\n\n This Act is the National Emergency Declaration Act 2020.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day after this Act receives the Royal Assent.

16 December 2020

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Object of this Act\n\n (1) The object of this Act is to recognise and enhance the role of the Commonwealth in preparing for, responding to and recovering from emergencies that cause, or are likely to cause, nationally significant harm.\n (2) This object is achieved by providing for the making of national emergency declarations, which will allow the Commonwealth to mobilise resources to prepare for, respond to, and recover from such emergencies.\n\n#### 4 Simplified outline of this Act\n\nThe 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.\n\nIf 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.\n\nProvisions that may be modified include those requiring a person to provide a signature or to report matters to a Commonwealth agency.\n\nIf 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.\n\nA 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.\n\nA 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.\n\n#### 5 Act binds the Crown\n\n This Act binds the Crown in each of its capacities.\n\n#### 6 Extension to external Territories\n\n This Act extends to the external Territories.\n\n#### 7 Extension to Australian offshore areas\n\n This Act extends to Australian offshore areas.\n\n#### 8 Executive power of the Commonwealth\n\n This Act does not, by implication, limit the executive power of the Commonwealth.\n\n#### 9 Concurrent operation of State and Territory laws\n\n This Act does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n### Division 2—Definitions\n\n#### 10 Definitions\n\n In this Act:\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian offshore area means:\n\n (a) any waters on the landward side of the territorial sea of Australia that are not within the limits of a State; or\n (b) the territorial sea of Australia; or\n (c) the exclusive economic zone of Australia; or\n (d) the sea above the continental shelf of Australia;\n and includes the airspace over an area covered by paragraph (a), (b), (c) or (d).\n\n> emergency management means any of the following engaged in before, during or in the immediate aftermath of an emergency:\n\n (a) emergency risk reduction;\n (b) emergency preparedness;\n (c) emergency response;\n (d) emergency recovery.\n\n> law of the Commonwealth includes a law in force in an external Territory or the Jervis Bay Territory, so far as the law is so in force because of an Act providing for the acceptance, administration or government of that Territory.\n\n> national emergency declaration: see subsection 11(1).\n\n> national emergency law means the following:\n\n (a) section 15 or 16 of this Act;\n (b) section 16 of the Adelaide Airport Curfew Act 2000;\n (c) section 14 of the Air Navigation (Essendon Fields Airport) Regulations 2018;\n (d) section 17 of the Air Navigation (Gold Coast Airport Curfew) Regulations 2018;\n (e) section 250 of the Airports Act 1996;\n (f) section 20 of the Air Services Regulations 2019;\n (g) Division 7 of Part 4 of the Aviation Transport Security Act 2004;\n (h) section 16A or 17 of the Christmas Island Emergency Management Ordinance 2012;\n (i) regulation 11.185 of the Civil Aviation Safety Regulations 1998;\n (j) section 16A or 17 of the Cocos (Keeling) Islands Emergency Management Ordinance 2012;\n (k) section 88 or 90 of the Competition and Consumer Act 2010;\n (l) section 23YUF of the Crimes Act 1914;\n (m) section 96A of the Designs Act 2003;\n (n) section 9 of the Disaster and Emergency Management Act 2001 (Norfolk Island);\n (o) section 28 or 158 of the Environment Protection and Biodiversity Conservation Act 1999;\n (p) section 19 of the Environment Protection (Sea Dumping) Act 1981;\n (q) section 30‑45A of the Income Tax Assessment Act 1997;\n (r) section 67 of the Industrial Chemicals Act 2019;\n (s) section 15 of the Jervis Bay Territory Emergency Management Ordinance 2015;\n (t) section 16 of the Liquid Fuel Emergency Act 1984;\n (u) section 33 of the Maritime Transport and Offshore Facilities Security Act 2003;\n (v) section 86E of the National Health Act 1953;\n (w) Part 2 and section 60A of the National Health Security Act 2007;\n (x) clause 2A of Schedule 2A of the Offshore Petroleum and Greenhouse Gas Storage Act 2006;\n (y) section 163A of the Patents Act 1990;\n (z) section 80J of the Privacy Act 1988;\n (za) section 49, 196, 219, 220 or 269 of the Radiocommunications Act 1992;\n (zaa) section 35AB of the Security of Critical Infrastructure Act 2018;\n (zb) section 36 or 36A of the Social Security Act 1991;\n (zba) section 123SJ or 123SM of the Social Security (Administration) Act 1999;\n (zbb) section 123SP of the Social Security (Administration) Act 1999;\n (zd) section 18 of the Sydney Airport Curfew Act 1995;\n (zda) section 355‑66 in Schedule 1 to the Taxation Administration Act 1953;\n (ze) section 313 of the Telecommunications Act 1997;\n (zf) section 18A, 32CB or 41GS of the Therapeutic Goods Act 1989.\n\n> nationally significant harm means harm that:\n\n (a) has a significant national impact because of its scale or consequences; and\n (b) is any of the following:\n (i) harm to the life or health (including mental health) of an individual or group of individuals;\n (ii) harm to the life or health of animals or plants;\n (iii) damage to property, including infrastructure;\n (iv) harm to the environment;\n (v) disruption to an essential service.\n\n## Part 2—National emergency declarations\n\n#### 11 Governor‑General may make a national emergency declaration\n\n Conditions for making a national emergency declaration\n (1) The Governor‑General may make a declaration (a national emergency declaration) if the Prime Minister is satisfied that:\n (a) an emergency has recently occurred, is occurring or is likely to occur (whether in or outside Australia); and\n (b) the emergency has caused, is causing or is likely to cause nationally significant harm in Australia or in an Australian offshore area; and\n (c) any of the following subparagraphs apply:\n (i) the governments of each State and Territory in which the emergency has caused, is causing or is likely to cause nationally significant harm have requested, in writing, the making of the declaration;\n (ii) because of the emergency, it is not practicable for a request to be made under subparagraph (i);\n (iii) the emergency has affected, is affecting or is likely to affect Commonwealth interests;\n (iv) the making of the declaration is appropriate, having regard to the nature of the emergency and the nature and severity of the nationally significant harm; and\n (d) for reasons relating to emergency management, it is desirable for the declaration to be made for the purposes of one or more national emergency laws.\n (2) Before the Governor‑General makes a national emergency declaration in relation to an emergency, the Prime Minister must consult with the government of each State or Territory (if any) in which the Prime Minister is satisfied the emergency has caused, is causing or is likely to cause nationally significant harm.\n (3) Subsection (2) does not require the Prime Minister to consult with the government of a State or Territory if:\n (a) the government of the State or Territory requested the making of the national emergency declaration under subparagraph (1)(c)(i); or\n (b) the Prime Minister is satisfied that it is not practicable to do so.\n Requirements for a national emergency declaration\n (4) A national emergency declaration must:\n (a) be in writing; and\n (b) specify:\n (i) the emergency to which the declaration relates; and\n (ii) the nature of the emergency and the circumstances that gave rise to it; and\n (iii) the period for which the declaration is in force.\n\n> Note: The declaration may be varied under sections 12 and 13.\n\n Period for which a national emergency declaration is in force\n (5) The period specified for the purposes of subparagraph (4)(b)(iii):\n (a) must not be longer than the period that the Prime Minister considers necessary for the purposes of emergency management; and\n (b) in any case, must not be longer than 3 months.\n\n> Note: The period may be extended under section 12 and the declaration may be revoked under section 14.\n\n National emergency declaration is not subject to disallowance\n (6) A national emergency declaration is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n#### 12 Governor‑General may extend period for which a national emergency declaration is in force\n\n Conditions for extending a national emergency declaration\n (1) The Governor‑General may, in writing, vary a national emergency declaration that relates to an emergency to extend the period for which it is in force (for a further period of up to 3 months) if the Prime Minister is satisfied that:\n (a) the emergency has recently occurred or is occurring (whether in or outside Australia); and\n (b) the emergency has caused, is causing or is likely to cause nationally significant harm in Australia or in an Australian offshore area; and\n (c) any of the following subparagraphs apply:\n (i) the governments of each State and Territory in which the emergency has caused, is causing or is likely to cause nationally significant harm have requested, in writing, the extension;\n (ii) because of the emergency, it is not practicable for a request to be made under subparagraph (i);\n (iii) the emergency has affected, is affecting or is likely to affect Commonwealth interests;\n (iv) extending the period is appropriate, having regard to the nature of the national emergency and the nature and severity of the nationally significant harm; and\n (d) for reasons relating to emergency management, it is desirable for the declaration to be in force for a longer period for the purposes of one or more national emergency laws.\n (2) Before the Governor‑General varies a national emergency declaration to extend the period for which it is in force, the Prime Minister must consult with:\n (a) if a request to make the national emergency declaration was made under subparagraph 11(1)(c)(i)—the governments of each State and Territory that made the request; and\n (b) the governments of each State and Territory that were consulted under subsection 11(2); and\n (c) the governments of each State and Territory (if any) in which the Prime Minister is satisfied the emergency has caused, is causing or is likely to cause nationally significant harm.\n (3) Subsection (2) does not require the Prime Minister to consult with the government of a State or Territory if the Prime Minister is satisfied that it is not practicable to do so.\n Period may be extended more than once\n (4) The Governor‑General may, under subsection (1), vary a national emergency declaration to extend the period for which it is in force more than once. However, each period of extension must not exceed 3 months.\n Variation is not subject to disallowance\n (5) A variation made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the variation.\n\n#### 13 Governor‑General may vary any other aspect of a national emergency declaration\n\n (1) The Governor‑General may, in writing, vary any other aspect of a national emergency declaration that relates to an emergency if the Prime Minister is satisfied that:\n (a) the emergency has recently occurred or is occurring (whether in or outside Australia); and\n (b) the emergency has caused, is causing or is likely to cause nationally significant harm in Australia or in an Australian offshore area; and\n (c) any of the following subparagraphs apply:\n (i) the governments of each State and Territory in which the emergency has caused, is causing or is likely to cause nationally significant harm have requested, in writing, the variation;\n (ii) because of the emergency, it is not practicable for a request to be made under subparagraph (i);\n (iii) the emergency has affected, is affecting or is likely to affect Commonwealth interests;\n (iv) varying the declaration is appropriate, having regard to the nature of the national emergency and the nature and severity of the nationally significant harm; and\n (d) for reasons relating to emergency management, it is desirable to vary the declaration for the purposes of one or more national emergency laws.\n (1A) Before the Governor General varies a national emergency declaration under subsection (1), the Prime Minister must consult with:\n (a) if a request to make the national emergency declaration was made under subparagraph 11(1)(c)(i)—the governments of each State and Territory that made the request; and\n (b) the governments of each State and Territory that were consulted under subsection 11(2); and\n (c) the governments of each State and Territory (if any) in which the Prime Minister is satisfied the emergency has caused, is causing or is likely to cause nationally significant harm.\n (1B) Subsection (1A) does not require the Prime Minister to consult with the government of a State or Territory if the Prime Minister is satisfied that it is not practicable to do so.\n (2) The Governor‑General may, under subsection (1), vary a national emergency declaration more than once.\n (3) A variation made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the variation.\n\n#### 14 Governor‑General may revoke a national emergency declaration\n\n (1) The Governor‑General may, in writing, revoke a national emergency declaration if the Prime Minister is satisfied that, in all the circumstances, it is appropriate to do so.\n (2) A revocation made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the revocation.\n\n#### 14A Review of national emergency declaration\n\n The Senate Standing Committee on Legal and Constitutional Affairs, or such other committee constituted under a resolution of the Senate, must:\n (a) begin a review of each national emergency declaration made under section 11 by the first anniversary of the day the declaration is made; and\n (b) report the Committee’s findings to the Senate as soon as practicable after completing the review.\n\n## Part 3—Modification of administrative requirements during a national emergency\n\n#### 15 Ministers may modify administrative requirements during a national emergency\n\n Power to modify affected provisions in relation to relevant matters\n (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):\n (a) the giving of information in writing;\n (b) the signature of a person;\n (c) the production of a document by a person;\n (d) the recording of information;\n (e) the retention of documents or information;\n (f) the witnessing of signatures;\n (g) the certification of matters by witnesses;\n (h) the verification of the identity of a person;\n (i) the attestation of documents;\n (j) the reporting or notification of a matter to a Department, agency or authority of the Commonwealth.\n\n> Note: This section does not apply to some affected provisions (see subsection (8)).\n\n (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:\n (a) the affected provision is varied as specified in the determination in relation to a period specified in the determination; or\n (b) the affected provision does not apply in relation to a period specified in the determination; or\n (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.\n (3) A determination under subsection (2) has effect accordingly.\n Requirements relating to making determinations\n (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:\n (a) the determination is in response to circumstances relating to the emergency to which the national emergency declaration relates; and\n (b) making the determination will be of benefit to the public, or a section of the public.\n (5) The determination must specify the national emergency declaration to which it relates.\n Variation and revocation of determinations\n (6) If a responsible Minister makes a determination under subsection (2), the responsible Minister may, by legislative instrument, vary or revoke the determination.\n Period for which determinations are in force\n (7) A determination under subsection (2) is in force for the period:\n (a) starting on the day specified in the determination (which may be earlier than the day the determination is made); and\n (b) ending at the earliest of the following:\n (i) if the determination specifies a day on which it ceases to be in force—the start of that day;\n (ii) if the determination is revoked—the end of the day the revocation takes effect;\n (iii) the start of the day on which the national emergency declaration to which the determination relates ceases to be in force.\n This section does not apply to certain laws\n (8) This section does not apply to:\n (a) Part IAA, IAAA, IAAC, IAB, IAC, IC or ID of the Crimes Act 1914; or\n (b) the Australian Crime Commission Act 2002; or\n (c) the Australian Federal Police Act 1979; or\n (d) the Australian Security Intelligence Organisation Act 1979; or\n (e) the Intelligence Services Act 2001; or\n (f) the Surveillance Devices Act 2004; or\n (g) the Telecommunications (Interception and Access) Act 1979; or\n (ga) the Auditor‑General Act 1997; or\n (gb) Part 14 of the Australian Securities and Investments Commission Act 2001; or\n (gc) the Human Rights (Parliamentary Scrutiny) Act 2011; or\n (gd) the Inspector‑General of Intelligence and Security Act 1986; or\n (ge) the National Anti‑Corruption Commission Act 2022;\n (gf) the Ombudsman Act 1976; or\n (gg) the Parliamentary Joint Committee on Law Enforcement Act 2010; or\n (gh) the Parliamentary Proceedings Broadcasting Act 1946; or\n (gi) the Public Accounts and Audit Committee Act 1951; or\n (gj) the Public Works Committee Act 1969; or\n (h) a law, or a provision of a law, of the Commonwealth prescribed by regulations for the purposes of this paragraph.\n Meaning of responsible Minister\n (9) For the purposes of this section, a responsible Minister for an affected provision is:\n (a) if the affected provision is a provision of an Act—any Minister who administers that Act; or\n (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.\n\n## Part 4—Other matters\n\n#### 16 Provision of emergency management information\n\n (1) This section applies if a national emergency declaration is in force.\n (2) The Prime Minister may, by written notice, require an accountable authority of a Commonwealth entity to provide specified information to the Prime Minister for the purposes of preparing for, responding to or recovering from an emergency to which the national emergency declaration relates.\n (3) Without limiting subsection (2), information may relate to:\n (a) stockpiles of medical or other supplies held by or available to the Commonwealth entity; or\n (b) assets or other resources held by or available to the Commonwealth entity; or\n (c) options or recommendations relating to actions that may be taken by the Commonwealth.\n (4) A notice under subsection (2) must specify the period within which the information must be provided.\n (5) This section has effect despite any other law of the Commonwealth.\n (6) In this section:\n\n> accountable authority has the meaning given by the Public Governance, Performance and Accountability Act 2013.\n\n> Commonwealth entity has the meaning given by the Public Governance, Performance and Accountability Act 2013.\n\n#### 17 Reporting on the exercise of powers etc. under national emergency laws\n\n (1) This section applies if:\n (a) a national emergency declaration is made; and\n (b) powers are exercised or functions are performed under a national emergency law for the purposes of the declaration.\n (2) The Minister responsible for administering the national emergency law must prepare and give to the Minister administering this Act a report on the exercise of the powers or the performance of the functions.\n (3) The report must include details of the following:\n (a) the national emergency declaration to which the report relates;\n (b) the national emergency law to which the report relates;\n (c) the powers that have been exercised or the functions that have been performed under the national emergency law;\n (d) any other matter prescribed by the regulations for the purposes of this paragraph.\n (4) The report must be given:\n (a) unless paragraph (b) applies—as soon as practicable after the national emergency declaration ceases to be in force;\n (b) if the national emergency declaration is extended, or further extended, under section 12:\n (i) within 3 months after the declaration came into force; and\n (ii) every subsequent period of 3 months (or part thereof) that the declaration remains in force.\n (5) The Minister administering this Act must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable after the Minister receives it.\n (6) Despite subsection (3), the report must not include information that the Minister is satisfied:\n (a) is commercially sensitive; or\n (b) affects national security; or\n (c) is a kind of information prescribed by the regulations for the purposes of this paragraph.\n\n#### 18 Review of operation of this Act\n\n The Senate Standing Committee on Legal and Constitutional Affairs, or such other committee constituted under a resolution of the Senate, must:\n (a) begin a review of the operation of this Act immediately after this Act commences and report the Committee’s findings to the Senate by 30 June 2021; and\n (b) begin a review of the operation of this Act by the fifth anniversary of the day this Act commences and report the Committee’s findings to the Senate as soon as practicable after completing the review.\n\n#### 19 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":0},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"An Act to provide for the declaration of national emergencies, and for related purposes\n\n## Part 1—Introduction\n\n### Division 1—Preliminary\n\n#### 1 Short title\n\n This Act is the National Emergency Declaration Act 2020.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day after this Act receives the Royal Assent.

16 December 2020

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Object of this Act\n\n (1) The object of this Act is to recognise and enhance the role of the Commonwealth in preparing for, responding to and recovering from emergencies that cause, or are likely to cause, nationally significant harm.\n (2) This object is achieved by providing for the making of national emergency declarations, which will allow the Commonwealth to mobilise resources to prepare for, respond to, and recover from such emergencies.\n\n#### 4 Simplified outline of this Act\n\nThe 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.\n\nIf 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.\n\nProvisions that may be modified include those requiring a person to provide a signature or to report matters to a Commonwealth agency.\n\nIf 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.\n\nA 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.\n\nA 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.\n\n#### 5 Act binds the Crown\n\n This Act binds the Crown in each of its capacities.\n\n#### 6 Extension to external Territories\n\n This Act extends to the external Territories.\n\n#### 7 Extension to Australian offshore areas\n\n This Act extends to Australian offshore areas.\n\n#### 8 Executive power of the Commonwealth\n\n This Act does not, by implication, limit the executive power of the Commonwealth.\n\n#### 9 Concurrent operation of State and Territory laws\n\n This Act does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n### Division 2—Definitions\n\n#### 10 Definitions\n\n In this Act:\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian offshore area means:\n\n (a) any waters on the landward side of the territorial sea of Australia that are not within the limits of a State; or\n (b) the territorial sea of Australia; or\n (c) the exclusive economic zone of Australia; or\n (d) the sea above the continental shelf of Australia;\n and includes the airspace over an area covered by paragraph (a), (b), (c) or (d).\n\n> emergency management means any of the following engaged in before, during or in the immediate aftermath of an emergency:\n\n (a) emergency risk reduction;\n (b) emergency preparedness;\n (c) emergency response;\n (d) emergency recovery.\n\n> law of the Commonwealth includes a law in force in an external Territory or the Jervis Bay Territory, so far as the law is so in force because of an Act providing for the acceptance, administration or government of that Territory.\n\n> national emergency declaration: see subsection 11(1).\n\n> national emergency law means the following:\n\n (a) section 15 or 16 of this Act;\n (b) section 16 of the Adelaide Airport Curfew Act 2000;\n (c) section 14 of the Air Navigation (Essendon Fields Airport) Regulations 2018;\n (d) section 17 of the Air Navigation (Gold Coast Airport Curfew) Regulations 2018;\n (e) section 250 of the Airports Act 1996;\n (f) section 20 of the Air Services Regulations 2019;\n (g) Division 7 of Part 4 of the Aviation Transport Security Act 2004;\n (h) section 16A or 17 of the Christmas Island Emergency Management Ordinance 2012;\n (i) regulation 11.185 of the Civil Aviation Safety Regulations 1998;\n (j) section 16A or 17 of the Cocos (Keeling) Islands Emergency Management Ordinance 2012;\n (k) section 88 or 90 of the Competition and Consumer Act 2010;\n (l) section 23YUF of the Crimes Act 1914;\n (m) section 96A of the Designs Act 2003;\n (n) section 9 of the Disaster and Emergency Management Act 2001 (Norfolk Island);\n (o) section 28 or 158 of the Environment Protection and Biodiversity Conservation Act 1999;\n (p) section 19 of the Environment Protection (Sea Dumping) Act 1981;\n (q) section 30‑45A of the Income Tax Assessment Act 1997;\n (r) section 67 of the Industrial Chemicals Act 2019;\n (s) section 15 of the Jervis Bay Territory Emergency Management Ordinance 2015;\n (t) section 16 of the Liquid Fuel Emergency Act 1984;\n (u) section 33 of the Maritime Transport and Offshore Facilities Security Act 2003;\n (v) section 86E of the National Health Act 1953;\n (w) Part 2 and section 60A of the National Health Security Act 2007;\n (x) clause 2A of Schedule 2A of the Offshore Petroleum and Greenhouse Gas Storage Act 2006;\n (y) section 163A of the Patents Act 1990;\n (z) section 80J of the Privacy Act 1988;\n (za) section 49, 196, 219, 220 or 269 of the Radiocommunications Act 1992;\n (zaa) section 35AB of the Security of Critical Infrastructure Act 2018;\n (zb) section 36 or 36A of the Social Security Act 1991;\n (zba) section 123SJ or 123SM of the Social Security (Administration) Act 1999;\n (zbb) section 123SP of the Social Security (Administration) Act 1999;\n (zd) section 18 of the Sydney Airport Curfew Act 1995;\n (zda) section 355‑66 in Schedule 1 to the Taxation Administration Act 1953;\n (ze) section 313 of the Telecommunications Act 1997;\n (zf) section 18A, 32CB or 41GS of the Therapeutic Goods Act 1989.\n\n> nationally significant harm means harm that:\n\n (a) has a significant national impact because of its scale or consequences; and\n (b) is any of the following:\n (i) harm to the life or health (including mental health) of an individual or group of individuals;\n (ii) harm to the life or health of animals or plants;\n (iii) damage to property, including infrastructure;\n (iv) harm to the environment;\n (v) disruption to an essential service.\n\n## Part 2—National emergency declarations\n\n#### 11 Governor‑General may make a national emergency declaration\n\n Conditions for making a national emergency declaration\n (1) The Governor‑General may make a declaration (a national emergency declaration) if the Prime Minister is satisfied that:\n (a) an emergency has recently occurred, is occurring or is likely to occur (whether in or outside Australia); and\n (b) the emergency has caused, is causing or is likely to cause nationally significant harm in Australia or in an Australian offshore area; and\n (c) any of the following subparagraphs apply:\n (i) the governments of each State and Territory in which the emergency has caused, is causing or is likely to cause nationally significant harm have requested, in writing, the making of the declaration;\n (ii) because of the emergency, it is not practicable for a request to be made under subparagraph (i);\n (iii) the emergency has affected, is affecting or is likely to affect Commonwealth interests;\n (iv) the making of the declaration is appropriate, having regard to the nature of the emergency and the nature and severity of the nationally significant harm; and\n (d) for reasons relating to emergency management, it is desirable for the declaration to be made for the purposes of one or more national emergency laws.\n (2) Before the Governor‑General makes a national emergency declaration in relation to an emergency, the Prime Minister must consult with the government of each State or Territory (if any) in which the Prime Minister is satisfied the emergency has caused, is causing or is likely to cause nationally significant harm.\n (3) Subsection (2) does not require the Prime Minister to consult with the government of a State or Territory if:\n (a) the government of the State or Territory requested the making of the national emergency declaration under subparagraph (1)(c)(i); or\n (b) the Prime Minister is satisfied that it is not practicable to do so.\n Requirements for a national emergency declaration\n (4) A national emergency declaration must:\n (a) be in writing; and\n (b) specify:\n (i) the emergency to which the declaration relates; and\n (ii) the nature of the emergency and the circumstances that gave rise to it; and\n (iii) the period for which the declaration is in force.\n\n> Note: The declaration may be varied under sections 12 and 13.\n\n Period for which a national emergency declaration is in force\n (5) The period specified for the purposes of subparagraph (4)(b)(iii):\n (a) must not be longer than the period that the Prime Minister considers necessary for the purposes of emergency management; and\n (b) in any case, must not be longer than 3 months.\n\n> Note: The period may be extended under section 12 and the declaration may be revoked under section 14.\n\n National emergency declaration is not subject to disallowance\n (6) A national emergency declaration is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n#### 12 Governor‑General may extend period for which a national emergency declaration is in force\n\n Conditions for extending a national emergency declaration\n (1) The Governor‑General may, in writing, vary a national emergency declaration that relates to an emergency to extend the period for which it is in force (for a further period of up to 3 months) if the Prime Minister is satisfied that:\n (a) the emergency has recently occurred or is occurring (whether in or outside Australia); and\n (b) the emergency has caused, is causing or is likely to cause nationally significant harm in Australia or in an Australian offshore area; and\n (c) any of the following subparagraphs apply:\n (i) the governments of each State and Territory in which the emergency has caused, is causing or is likely to cause nationally significant harm have requested, in writing, the extension;\n (ii) because of the emergency, it is not practicable for a request to be made under subparagraph (i);\n (iii) the emergency has affected, is affecting or is likely to affect Commonwealth interests;\n (iv) extending the period is appropriate, having regard to the nature of the national emergency and the nature and severity of the nationally significant harm; and\n (d) for reasons relating to emergency management, it is desirable for the declaration to be in force for a longer period for the purposes of one or more national emergency laws.\n (2) Before the Governor‑General varies a national emergency declaration to extend the period for which it is in force, the Prime Minister must consult with:\n (a) if a request to make the national emergency declaration was made under subparagraph 11(1)(c)(i)—the governments of each State and Territory that made the request; and\n (b) the governments of each State and Territory that were consulted under subsection 11(2); and\n (c) the governments of each State and Territory (if any) in which the Prime Minister is satisfied the emergency has caused, is causing or is likely to cause nationally significant harm.\n (3) Subsection (2) does not require the Prime Minister to consult with the government of a State or Territory if the Prime Minister is satisfied that it is not practicable to do so.\n Period may be extended more than once\n (4) The Governor‑General may, under subsection (1), vary a national emergency declaration to extend the period for which it is in force more than once. However, each period of extension must not exceed 3 months.\n Variation is not subject to disallowance\n (5) A variation made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the variation.\n\n#### 13 Governor‑General may vary any other aspect of a national emergency declaration\n\n (1) The Governor‑General may, in writing, vary any other aspect of a national emergency declaration that relates to an emergency if the Prime Minister is satisfied that:\n (a) the emergency has recently occurred or is occurring (whether in or outside Australia); and\n (b) the emergency has caused, is causing or is likely to cause nationally significant harm in Australia or in an Australian offshore area; and\n (c) any of the following subparagraphs apply:\n (i) the governments of each State and Territory in which the emergency has caused, is causing or is likely to cause nationally significant harm have requested, in writing, the variation;\n (ii) because of the emergency, it is not practicable for a request to be made under subparagraph (i);\n (iii) the emergency has affected, is affecting or is likely to affect Commonwealth interests;\n (iv) varying the declaration is appropriate, having regard to the nature of the national emergency and the nature and severity of the nationally significant harm; and\n (d) for reasons relating to emergency management, it is desirable to vary the declaration for the purposes of one or more national emergency laws.\n (1A) Before the Governor General varies a national emergency declaration under subsection (1), the Prime Minister must consult with:\n (a) if a request to make the national emergency declaration was made under subparagraph 11(1)(c)(i)—the governments of each State and Territory that made the request; and\n (b) the governments of each State and Territory that were consulted under subsection 11(2); and\n (c) the governments of each State and Territory (if any) in which the Prime Minister is satisfied the emergency has caused, is causing or is likely to cause nationally significant harm.\n (1B) Subsection (1A) does not require the Prime Minister to consult with the government of a State or Territory if the Prime Minister is satisfied that it is not practicable to do so.\n (2) The Governor‑General may, under subsection (1), vary a national emergency declaration more than once.\n (3) A variation made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the variation.\n\n#### 14 Governor‑General may revoke a national emergency declaration\n\n (1) The Governor‑General may, in writing, revoke a national emergency declaration if the Prime Minister is satisfied that, in all the circumstances, it is appropriate to do so.\n (2) A revocation made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the revocation.\n\n#### 14A Review of national emergency declaration\n\n The Senate Standing Committee on Legal and Constitutional Affairs, or such other committee constituted under a resolution of the Senate, must:\n (a) begin a review of each national emergency declaration made under section 11 by the first anniversary of the day the declaration is made; and\n (b) report the Committee’s findings to the Senate as soon as practicable after completing the review.\n\n## Part 3—Modification of administrative requirements during a national emergency\n\n#### 15 Ministers may modify administrative requirements during a national emergency\n\n Power to modify affected provisions in relation to relevant matters\n (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):\n (a) the giving of information in writing;\n (b) the signature of a person;\n (c) the production of a document by a person;\n (d) the recording of information;\n (e) the retention of documents or information;\n (f) the witnessing of signatures;\n (g) the certification of matters by witnesses;\n (h) the verification of the identity of a person;\n (i) the attestation of documents;\n (j) the reporting or notification of a matter to a Department, agency or authority of the Commonwealth.\n\n> Note: This section does not apply to some affected provisions (see subsection (8)).\n\n (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:\n (a) the affected provision is varied as specified in the determination in relation to a period specified in the determination; or\n (b) the affected provision does not apply in relation to a period specified in the determination; or\n (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.\n (3) A determination under subsection (2) has effect accordingly.\n Requirements relating to making determinations\n (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:\n (a) the determination is in response to circumstances relating to the emergency to which the national emergency declaration relates; and\n (b) making the determination will be of benefit to the public, or a section of the public.\n (5) The determination must specify the national emergency declaration to which it relates.\n Variation and revocation of determinations\n (6) If a responsible Minister makes a determination under subsection (2), the responsible Minister may, by legislative instrument, vary or revoke the determination.\n Period for which determinations are in force\n (7) A determination under subsection (2) is in force for the period:\n (a) starting on the day specified in the determination (which may be earlier than the day the determination is made); and\n (b) ending at the earliest of the following:\n (i) if the determination specifies a day on which it ceases to be in force—the start of that day;\n (ii) if the determination is revoked—the end of the day the revocation takes effect;\n (iii) the start of the day on which the national emergency declaration to which the determination relates ceases to be in force.\n This section does not apply to certain laws\n (8) This section does not apply to:\n (a) Part IAA, IAAA, IAAC, IAB, IAC, IC or ID of the Crimes Act 1914; or\n (b) the Australian Crime Commission Act 2002; or\n (c) the Australian Federal Police Act 1979; or\n (d) the Australian Security Intelligence Organisation Act 1979; or\n (e) the Intelligence Services Act 2001; or\n (f) the Surveillance Devices Act 2004; or\n (g) the Telecommunications (Interception and Access) Act 1979; or\n (ga) the Auditor‑General Act 1997; or\n (gb) Part 14 of the Australian Securities and Investments Commission Act 2001; or\n (gc) the Human Rights (Parliamentary Scrutiny) Act 2011; or\n (gd) the Inspector‑General of Intelligence and Security Act 1986; or\n (ge) the National Anti‑Corruption Commission Act 2022;\n (gf) the Ombudsman Act 1976; or\n (gg) the Parliamentary Joint Committee on Law Enforcement Act 2010; or\n (gh) the Parliamentary Proceedings Broadcasting Act 1946; or\n (gi) the Public Accounts and Audit Committee Act 1951; or\n (gj) the Public Works Committee Act 1969; or\n (h) a law, or a provision of a law, of the Commonwealth prescribed by regulations for the purposes of this paragraph.\n Meaning of responsible Minister\n (9) For the purposes of this section, a responsible Minister for an affected provision is:\n (a) if the affected provision is a provision of an Act—any Minister who administers that Act; or\n (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.\n\n## Part 4—Other matters\n\n#### 16 Provision of emergency management information\n\n (1) This section applies if a national emergency declaration is in force.\n (2) The Prime Minister may, by written notice, require an accountable authority of a Commonwealth entity to provide specified information to the Prime Minister for the purposes of preparing for, responding to or recovering from an emergency to which the national emergency declaration relates.\n (3) Without limiting subsection (2), information may relate to:\n (a) stockpiles of medical or other supplies held by or available to the Commonwealth entity; or\n (b) assets or other resources held by or available to the Commonwealth entity; or\n (c) options or recommendations relating to actions that may be taken by the Commonwealth.\n (4) A notice under subsection (2) must specify the period within which the information must be provided.\n (5) This section has effect despite any other law of the Commonwealth.\n (6) In this section:\n\n> accountable authority has the meaning given by the Public Governance, Performance and Accountability Act 2013.\n\n> Commonwealth entity has the meaning given by the Public Governance, Performance and Accountability Act 2013.\n\n#### 17 Reporting on the exercise of powers etc. under national emergency laws\n\n (1) This section applies if:\n (a) a national emergency declaration is made; and\n (b) powers are exercised or functions are performed under a national emergency law for the purposes of the declaration.\n (2) The Minister responsible for administering the national emergency law must prepare and give to the Minister administering this Act a report on the exercise of the powers or the performance of the functions.\n (3) The report must include details of the following:\n (a) the national emergency declaration to which the report relates;\n (b) the national emergency law to which the report relates;\n (c) the powers that have been exercised or the functions that have been performed under the national emergency law;\n (d) any other matter prescribed by the regulations for the purposes of this paragraph.\n (4) The report must be given:\n (a) unless paragraph (b) applies—as soon as practicable after the national emergency declaration ceases to be in force;\n (b) if the national emergency declaration is extended, or further extended, under section 12:\n (i) within 3 months after the declaration came into force; and\n (ii) every subsequent period of 3 months (or part thereof) that the declaration remains in force.\n (5) The Minister administering this Act must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable after the Minister receives it.\n (6) Despite subsection (3), the report must not include information that the Minister is satisfied:\n (a) is commercially sensitive; or\n (b) affects national security; or\n (c) is a kind of information prescribed by the regulations for the purposes of this paragraph.\n\n#### 18 Review of operation of this Act\n\n The Senate Standing Committee on Legal and Constitutional Affairs, or such other committee constituted under a resolution of the Senate, must:\n (a) begin a review of the operation of this Act immediately after this Act commences and report the Committee’s findings to the Senate by 30 June 2021; and\n (b) begin a review of the operation of this Act by the fifth anniversary of the day this Act commences and report the Committee’s findings to the Senate as soon as practicable after completing the review.\n\n#### 19 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act is the National Emergency Declaration Act 2020.","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

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Provisions

Commencement

Date/Details

1. The whole of this Act

The day after this Act receives the Royal Assent.

16 December 2020

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Object of this Act","content":"#### 3 Object of this Act\n\n (1) The object of this Act is to recognise and enhance the role of the Commonwealth in preparing for, responding to and recovering from emergencies that cause, or are likely to cause, nationally significant harm.\n (2) This object is achieved by providing for the making of national emergency declarations, which will allow the Commonwealth to mobilise resources to prepare for, respond to, and recover from such emergencies.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Simplified outline of this Act","content":"#### 4 Simplified outline of this Act\n\nThe 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.\n\nIf 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.\n\nProvisions that may be modified include those requiring a person to provide a signature or to report matters to a Commonwealth agency.\n\nIf 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.\n\nA 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.\n\nA 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.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Act binds the Crown","content":"#### 5 Act binds the Crown\n\n This Act binds the Crown in each of its capacities.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Extension to external Territories","content":"#### 6 Extension to external Territories\n\n This Act extends to the external Territories.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Extension to Australian offshore areas","content":"#### 7 Extension to Australian offshore areas\n\n This Act extends to Australian offshore areas.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Executive power of the Commonwealth","content":"#### 8 Executive power of the Commonwealth\n\n This Act does not, by implication, limit the executive power of the Commonwealth.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Concurrent operation of State and Territory laws","content":"#### 9 Concurrent operation of State and Territory laws\n\n This Act does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.","sortOrder":10},{"sectionNumber":"Division 2","sectionType":"division","heading":"Definitions","content":"An Act to provide for the declaration of national emergencies, and for related purposes\n\n## Part 1—Introduction\n\n### Division 1—Preliminary\n\n#### 1 Short title\n\n This Act is the National Emergency Declaration Act 2020.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day after this Act receives the Royal Assent.

16 December 2020

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Object of this Act\n\n (1) The object of this Act is to recognise and enhance the role of the Commonwealth in preparing for, responding to and recovering from emergencies that cause, or are likely to cause, nationally significant harm.\n (2) This object is achieved by providing for the making of national emergency declarations, which will allow the Commonwealth to mobilise resources to prepare for, respond to, and recover from such emergencies.\n\n#### 4 Simplified outline of this Act\n\nThe 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.\n\nIf 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.\n\nProvisions that may be modified include those requiring a person to provide a signature or to report matters to a Commonwealth agency.\n\nIf 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.\n\nA 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.\n\nA 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.\n\n#### 5 Act binds the Crown\n\n This Act binds the Crown in each of its capacities.\n\n#### 6 Extension to external Territories\n\n This Act extends to the external Territories.\n\n#### 7 Extension to Australian offshore areas\n\n This Act extends to Australian offshore areas.\n\n#### 8 Executive power of the Commonwealth\n\n This Act does not, by implication, limit the executive power of the Commonwealth.\n\n#### 9 Concurrent operation of State and Territory laws\n\n This Act does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n### Division 2—Definitions\n\n#### 10 Definitions\n\n In this Act:\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian offshore area means:\n\n (a) any waters on the landward side of the territorial sea of Australia that are not within the limits of a State; or\n (b) the territorial sea of Australia; or\n (c) the exclusive economic zone of Australia; or\n (d) the sea above the continental shelf of Australia;\n and includes the airspace over an area covered by paragraph (a), (b), (c) or (d).\n\n> emergency management means any of the following engaged in before, during or in the immediate aftermath of an emergency:\n\n (a) emergency risk reduction;\n (b) emergency preparedness;\n (c) emergency response;\n (d) emergency recovery.\n\n> law of the Commonwealth includes a law in force in an external Territory or the Jervis Bay Territory, so far as the law is so in force because of an Act providing for the acceptance, administration or government of that Territory.\n\n> national emergency declaration: see subsection 11(1).\n\n> national emergency law means the following:\n\n (a) section 15 or 16 of this Act;\n (b) section 16 of the Adelaide Airport Curfew Act 2000;\n (c) section 14 of the Air Navigation (Essendon Fields Airport) Regulations 2018;\n (d) section 17 of the Air Navigation (Gold Coast Airport Curfew) Regulations 2018;\n (e) section 250 of the Airports Act 1996;\n (f) section 20 of the Air Services Regulations 2019;\n (g) Division 7 of Part 4 of the Aviation Transport Security Act 2004;\n (h) section 16A or 17 of the Christmas Island Emergency Management Ordinance 2012;\n (i) regulation 11.185 of the Civil Aviation Safety Regulations 1998;\n (j) section 16A or 17 of the Cocos (Keeling) Islands Emergency Management Ordinance 2012;\n (k) section 88 or 90 of the Competition and Consumer Act 2010;\n (l) section 23YUF of the Crimes Act 1914;\n (m) section 96A of the Designs Act 2003;\n (n) section 9 of the Disaster and Emergency Management Act 2001 (Norfolk Island);\n (o) section 28 or 158 of the Environment Protection and Biodiversity Conservation Act 1999;\n (p) section 19 of the Environment Protection (Sea Dumping) Act 1981;\n (q) section 30‑45A of the Income Tax Assessment Act 1997;\n (r) section 67 of the Industrial Chemicals Act 2019;\n (s) section 15 of the Jervis Bay Territory Emergency Management Ordinance 2015;\n (t) section 16 of the Liquid Fuel Emergency Act 1984;\n (u) section 33 of the Maritime Transport and Offshore Facilities Security Act 2003;\n (v) section 86E of the National Health Act 1953;\n (w) Part 2 and section 60A of the National Health Security Act 2007;\n (x) clause 2A of Schedule 2A of the Offshore Petroleum and Greenhouse Gas Storage Act 2006;\n (y) section 163A of the Patents Act 1990;\n (z) section 80J of the Privacy Act 1988;\n (za) section 49, 196, 219, 220 or 269 of the Radiocommunications Act 1992;\n (zaa) section 35AB of the Security of Critical Infrastructure Act 2018;\n (zb) section 36 or 36A of the Social Security Act 1991;\n (zba) section 123SJ or 123SM of the Social Security (Administration) Act 1999;\n (zbb) section 123SP of the Social Security (Administration) Act 1999;\n (zd) section 18 of the Sydney Airport Curfew Act 1995;\n (zda) section 355‑66 in Schedule 1 to the Taxation Administration Act 1953;\n (ze) section 313 of the Telecommunications Act 1997;\n (zf) section 18A, 32CB or 41GS of the Therapeutic Goods Act 1989.\n\n> nationally significant harm means harm that:\n\n (a) has a significant national impact because of its scale or consequences; and\n (b) is any of the following:\n (i) harm to the life or health (including mental health) of an individual or group of individuals;\n (ii) harm to the life or health of animals or plants;\n (iii) damage to property, including infrastructure;\n (iv) harm to the environment;\n (v) disruption to an essential service.\n\n## Part 2—National emergency declarations\n\n#### 11 Governor‑General may make a national emergency declaration\n\n Conditions for making a national emergency declaration\n (1) The Governor‑General may make a declaration (a national emergency declaration) if the Prime Minister is satisfied that:\n (a) an emergency has recently occurred, is occurring or is likely to occur (whether in or outside Australia); and\n (b) the emergency has caused, is causing or is likely to cause nationally significant harm in Australia or in an Australian offshore area; and\n (c) any of the following subparagraphs apply:\n (i) the governments of each State and Territory in which the emergency has caused, is causing or is likely to cause nationally significant harm have requested, in writing, the making of the declaration;\n (ii) because of the emergency, it is not practicable for a request to be made under subparagraph (i);\n (iii) the emergency has affected, is affecting or is likely to affect Commonwealth interests;\n (iv) the making of the declaration is appropriate, having regard to the nature of the emergency and the nature and severity of the nationally significant harm; and\n (d) for reasons relating to emergency management, it is desirable for the declaration to be made for the purposes of one or more national emergency laws.\n (2) Before the Governor‑General makes a national emergency declaration in relation to an emergency, the Prime Minister must consult with the government of each State or Territory (if any) in which the Prime Minister is satisfied the emergency has caused, is causing or is likely to cause nationally significant harm.\n (3) Subsection (2) does not require the Prime Minister to consult with the government of a State or Territory if:\n (a) the government of the State or Territory requested the making of the national emergency declaration under subparagraph (1)(c)(i); or\n (b) the Prime Minister is satisfied that it is not practicable to do so.\n Requirements for a national emergency declaration\n (4) A national emergency declaration must:\n (a) be in writing; and\n (b) specify:\n (i) the emergency to which the declaration relates; and\n (ii) the nature of the emergency and the circumstances that gave rise to it; and\n (iii) the period for which the declaration is in force.\n\n> Note: The declaration may be varied under sections 12 and 13.\n\n Period for which a national emergency declaration is in force\n (5) The period specified for the purposes of subparagraph (4)(b)(iii):\n (a) must not be longer than the period that the Prime Minister considers necessary for the purposes of emergency management; and\n (b) in any case, must not be longer than 3 months.\n\n> Note: The period may be extended under section 12 and the declaration may be revoked under section 14.\n\n National emergency declaration is not subject to disallowance\n (6) A national emergency declaration is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n#### 12 Governor‑General may extend period for which a national emergency declaration is in force\n\n Conditions for extending a national emergency declaration\n (1) The Governor‑General may, in writing, vary a national emergency declaration that relates to an emergency to extend the period for which it is in force (for a further period of up to 3 months) if the Prime Minister is satisfied that:\n (a) the emergency has recently occurred or is occurring (whether in or outside Australia); and\n (b) the emergency has caused, is causing or is likely to cause nationally significant harm in Australia or in an Australian offshore area; and\n (c) any of the following subparagraphs apply:\n (i) the governments of each State and Territory in which the emergency has caused, is causing or is likely to cause nationally significant harm have requested, in writing, the extension;\n (ii) because of the emergency, it is not practicable for a request to be made under subparagraph (i);\n (iii) the emergency has affected, is affecting or is likely to affect Commonwealth interests;\n (iv) extending the period is appropriate, having regard to the nature of the national emergency and the nature and severity of the nationally significant harm; and\n (d) for reasons relating to emergency management, it is desirable for the declaration to be in force for a longer period for the purposes of one or more national emergency laws.\n (2) Before the Governor‑General varies a national emergency declaration to extend the period for which it is in force, the Prime Minister must consult with:\n (a) if a request to make the national emergency declaration was made under subparagraph 11(1)(c)(i)—the governments of each State and Territory that made the request; and\n (b) the governments of each State and Territory that were consulted under subsection 11(2); and\n (c) the governments of each State and Territory (if any) in which the Prime Minister is satisfied the emergency has caused, is causing or is likely to cause nationally significant harm.\n (3) Subsection (2) does not require the Prime Minister to consult with the government of a State or Territory if the Prime Minister is satisfied that it is not practicable to do so.\n Period may be extended more than once\n (4) The Governor‑General may, under subsection (1), vary a national emergency declaration to extend the period for which it is in force more than once. However, each period of extension must not exceed 3 months.\n Variation is not subject to disallowance\n (5) A variation made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the variation.\n\n#### 13 Governor‑General may vary any other aspect of a national emergency declaration\n\n (1) The Governor‑General may, in writing, vary any other aspect of a national emergency declaration that relates to an emergency if the Prime Minister is satisfied that:\n (a) the emergency has recently occurred or is occurring (whether in or outside Australia); and\n (b) the emergency has caused, is causing or is likely to cause nationally significant harm in Australia or in an Australian offshore area; and\n (c) any of the following subparagraphs apply:\n (i) the governments of each State and Territory in which the emergency has caused, is causing or is likely to cause nationally significant harm have requested, in writing, the variation;\n (ii) because of the emergency, it is not practicable for a request to be made under subparagraph (i);\n (iii) the emergency has affected, is affecting or is likely to affect Commonwealth interests;\n (iv) varying the declaration is appropriate, having regard to the nature of the national emergency and the nature and severity of the nationally significant harm; and\n (d) for reasons relating to emergency management, it is desirable to vary the declaration for the purposes of one or more national emergency laws.\n (1A) Before the Governor General varies a national emergency declaration under subsection (1), the Prime Minister must consult with:\n (a) if a request to make the national emergency declaration was made under subparagraph 11(1)(c)(i)—the governments of each State and Territory that made the request; and\n (b) the governments of each State and Territory that were consulted under subsection 11(2); and\n (c) the governments of each State and Territory (if any) in which the Prime Minister is satisfied the emergency has caused, is causing or is likely to cause nationally significant harm.\n (1B) Subsection (1A) does not require the Prime Minister to consult with the government of a State or Territory if the Prime Minister is satisfied that it is not practicable to do so.\n (2) The Governor‑General may, under subsection (1), vary a national emergency declaration more than once.\n (3) A variation made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the variation.\n\n#### 14 Governor‑General may revoke a national emergency declaration\n\n (1) The Governor‑General may, in writing, revoke a national emergency declaration if the Prime Minister is satisfied that, in all the circumstances, it is appropriate to do so.\n (2) A revocation made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the revocation.\n\n#### 14A Review of national emergency declaration\n\n The Senate Standing Committee on Legal and Constitutional Affairs, or such other committee constituted under a resolution of the Senate, must:\n (a) begin a review of each national emergency declaration made under section 11 by the first anniversary of the day the declaration is made; and\n (b) report the Committee’s findings to the Senate as soon as practicable after completing the review.\n\n## Part 3—Modification of administrative requirements during a national emergency\n\n#### 15 Ministers may modify administrative requirements during a national emergency\n\n Power to modify affected provisions in relation to relevant matters\n (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):\n (a) the giving of information in writing;\n (b) the signature of a person;\n (c) the production of a document by a person;\n (d) the recording of information;\n (e) the retention of documents or information;\n (f) the witnessing of signatures;\n (g) the certification of matters by witnesses;\n (h) the verification of the identity of a person;\n (i) the attestation of documents;\n (j) the reporting or notification of a matter to a Department, agency or authority of the Commonwealth.\n\n> Note: This section does not apply to some affected provisions (see subsection (8)).\n\n (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:\n (a) the affected provision is varied as specified in the determination in relation to a period specified in the determination; or\n (b) the affected provision does not apply in relation to a period specified in the determination; or\n (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.\n (3) A determination under subsection (2) has effect accordingly.\n Requirements relating to making determinations\n (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:\n (a) the determination is in response to circumstances relating to the emergency to which the national emergency declaration relates; and\n (b) making the determination will be of benefit to the public, or a section of the public.\n (5) The determination must specify the national emergency declaration to which it relates.\n Variation and revocation of determinations\n (6) If a responsible Minister makes a determination under subsection (2), the responsible Minister may, by legislative instrument, vary or revoke the determination.\n Period for which determinations are in force\n (7) A determination under subsection (2) is in force for the period:\n (a) starting on the day specified in the determination (which may be earlier than the day the determination is made); and\n (b) ending at the earliest of the following:\n (i) if the determination specifies a day on which it ceases to be in force—the start of that day;\n (ii) if the determination is revoked—the end of the day the revocation takes effect;\n (iii) the start of the day on which the national emergency declaration to which the determination relates ceases to be in force.\n This section does not apply to certain laws\n (8) This section does not apply to:\n (a) Part IAA, IAAA, IAAC, IAB, IAC, IC or ID of the Crimes Act 1914; or\n (b) the Australian Crime Commission Act 2002; or\n (c) the Australian Federal Police Act 1979; or\n (d) the Australian Security Intelligence Organisation Act 1979; or\n (e) the Intelligence Services Act 2001; or\n (f) the Surveillance Devices Act 2004; or\n (g) the Telecommunications (Interception and Access) Act 1979; or\n (ga) the Auditor‑General Act 1997; or\n (gb) Part 14 of the Australian Securities and Investments Commission Act 2001; or\n (gc) the Human Rights (Parliamentary Scrutiny) Act 2011; or\n (gd) the Inspector‑General of Intelligence and Security Act 1986; or\n (ge) the National Anti‑Corruption Commission Act 2022;\n (gf) the Ombudsman Act 1976; or\n (gg) the Parliamentary Joint Committee on Law Enforcement Act 2010; or\n (gh) the Parliamentary Proceedings Broadcasting Act 1946; or\n (gi) the Public Accounts and Audit Committee Act 1951; or\n (gj) the Public Works Committee Act 1969; or\n (h) a law, or a provision of a law, of the Commonwealth prescribed by regulations for the purposes of this paragraph.\n Meaning of responsible Minister\n (9) For the purposes of this section, a responsible Minister for an affected provision is:\n (a) if the affected provision is a provision of an Act—any Minister who administers that Act; or\n (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.\n\n## Part 4—Other matters\n\n#### 16 Provision of emergency management information\n\n (1) This section applies if a national emergency declaration is in force.\n (2) The Prime Minister may, by written notice, require an accountable authority of a Commonwealth entity to provide specified information to the Prime Minister for the purposes of preparing for, responding to or recovering from an emergency to which the national emergency declaration relates.\n (3) Without limiting subsection (2), information may relate to:\n (a) stockpiles of medical or other supplies held by or available to the Commonwealth entity; or\n (b) assets or other resources held by or available to the Commonwealth entity; or\n (c) options or recommendations relating to actions that may be taken by the Commonwealth.\n (4) A notice under subsection (2) must specify the period within which the information must be provided.\n (5) This section has effect despite any other law of the Commonwealth.\n (6) In this section:\n\n> accountable authority has the meaning given by the Public Governance, Performance and Accountability Act 2013.\n\n> Commonwealth entity has the meaning given by the Public Governance, Performance and Accountability Act 2013.\n\n#### 17 Reporting on the exercise of powers etc. under national emergency laws\n\n (1) This section applies if:\n (a) a national emergency declaration is made; and\n (b) powers are exercised or functions are performed under a national emergency law for the purposes of the declaration.\n (2) The Minister responsible for administering the national emergency law must prepare and give to the Minister administering this Act a report on the exercise of the powers or the performance of the functions.\n (3) The report must include details of the following:\n (a) the national emergency declaration to which the report relates;\n (b) the national emergency law to which the report relates;\n (c) the powers that have been exercised or the functions that have been performed under the national emergency law;\n (d) any other matter prescribed by the regulations for the purposes of this paragraph.\n (4) The report must be given:\n (a) unless paragraph (b) applies—as soon as practicable after the national emergency declaration ceases to be in force;\n (b) if the national emergency declaration is extended, or further extended, under section 12:\n (i) within 3 months after the declaration came into force; and\n (ii) every subsequent period of 3 months (or part thereof) that the declaration remains in force.\n (5) The Minister administering this Act must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable after the Minister receives it.\n (6) Despite subsection (3), the report must not include information that the Minister is satisfied:\n (a) is commercially sensitive; or\n (b) affects national security; or\n (c) is a kind of information prescribed by the regulations for the purposes of this paragraph.\n\n#### 18 Review of operation of this Act\n\n The Senate Standing Committee on Legal and Constitutional Affairs, or such other committee constituted under a resolution of the Senate, must:\n (a) begin a review of the operation of this Act immediately after this Act commences and report the Committee’s findings to the Senate by 30 June 2021; and\n (b) begin a review of the operation of this Act by the fifth anniversary of the day this Act commences and report the Committee’s findings to the Senate as soon as practicable after completing the review.\n\n#### 19 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Definitions","content":"#### 10 Definitions\n\n In this Act:\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian offshore area means:\n\n (a) any waters on the landward side of the territorial sea of Australia that are not within the limits of a State; or\n (b) the territorial sea of Australia; or\n (c) the exclusive economic zone of Australia; or\n (d) the sea above the continental shelf of Australia;\n and includes the airspace over an area covered by paragraph (a), (b), (c) or (d).\n\n> emergency management means any of the following engaged in before, during or in the immediate aftermath of an emergency:\n\n (a) emergency risk reduction;\n (b) emergency preparedness;\n (c) emergency response;\n (d) emergency recovery.\n\n> law of the Commonwealth includes a law in force in an external Territory or the Jervis Bay Territory, so far as the law is so in force because of an Act providing for the acceptance, administration or government of that Territory.\n\n> national emergency declaration: see subsection 11(1).\n\n> national emergency law means the following:\n\n (a) section 15 or 16 of this Act;\n (b) section 16 of the Adelaide Airport Curfew Act 2000;\n (c) section 14 of the Air Navigation (Essendon Fields Airport) Regulations 2018;\n (d) section 17 of the Air Navigation (Gold Coast Airport Curfew) Regulations 2018;\n (e) section 250 of the Airports Act 1996;\n (f) section 20 of the Air Services Regulations 2019;\n (g) Division 7 of Part 4 of the Aviation Transport Security Act 2004;\n (h) section 16A or 17 of the Christmas Island Emergency Management Ordinance 2012;\n (i) regulation 11.185 of the Civil Aviation Safety Regulations 1998;\n (j) section 16A or 17 of the Cocos (Keeling) Islands Emergency Management Ordinance 2012;\n (k) section 88 or 90 of the Competition and Consumer Act 2010;\n (l) section 23YUF of the Crimes Act 1914;\n (m) section 96A of the Designs Act 2003;\n (n) section 9 of the Disaster and Emergency Management Act 2001 (Norfolk Island);\n (o) section 28 or 158 of the Environment Protection and Biodiversity Conservation Act 1999;\n (p) section 19 of the Environment Protection (Sea Dumping) Act 1981;\n (q) section 30‑45A of the Income Tax Assessment Act 1997;\n (r) section 67 of the Industrial Chemicals Act 2019;\n (s) section 15 of the Jervis Bay Territory Emergency Management Ordinance 2015;\n (t) section 16 of the Liquid Fuel Emergency Act 1984;\n (u) section 33 of the Maritime Transport and Offshore Facilities Security Act 2003;\n (v) section 86E of the National Health Act 1953;\n (w) Part 2 and section 60A of the National Health Security Act 2007;\n (x) clause 2A of Schedule 2A of the Offshore Petroleum and Greenhouse Gas Storage Act 2006;\n (y) section 163A of the Patents Act 1990;\n (z) section 80J of the Privacy Act 1988;\n (za) section 49, 196, 219, 220 or 269 of the Radiocommunications Act 1992;\n (zaa) section 35AB of the Security of Critical Infrastructure Act 2018;\n (zb) section 36 or 36A of the Social Security Act 1991;\n (zba) section 123SJ or 123SM of the Social Security (Administration) Act 1999;\n (zbb) section 123SP of the Social Security (Administration) Act 1999;\n (zd) section 18 of the Sydney Airport Curfew Act 1995;\n (zda) section 355‑66 in Schedule 1 to the Taxation Administration Act 1953;\n (ze) section 313 of the Telecommunications Act 1997;\n (zf) section 18A, 32CB or 41GS of the Therapeutic Goods Act 1989.\n\n> nationally significant harm means harm that:\n\n (a) has a significant national impact because of its scale or consequences; and\n (b) is any of the following:\n (i) harm to the life or health (including mental health) of an individual or group of individuals;\n (ii) harm to the life or health of animals or plants;\n (iii) damage to property, including infrastructure;\n (iv) harm to the environment;\n (v) disruption to an essential service.","sortOrder":12},{"sectionNumber":"Part 2","sectionType":"part","heading":"National emergency declarations","content":"## Part 2—National emergency declarations","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Governor‑General may make a national emergency declaration","content":"#### 11 Governor‑General may make a national emergency declaration\n\n Conditions for making a national emergency declaration\n (1) The Governor‑General may make a declaration (a national emergency declaration) if the Prime Minister is satisfied that:\n (a) an emergency has recently occurred, is occurring or is likely to occur (whether in or outside Australia); and\n (b) the emergency has caused, is causing or is likely to cause nationally significant harm in Australia or in an Australian offshore area; and\n (c) any of the following subparagraphs apply:\n (i) the governments of each State and Territory in which the emergency has caused, is causing or is likely to cause nationally significant harm have requested, in writing, the making of the declaration;\n (ii) because of the emergency, it is not practicable for a request to be made under subparagraph (i);\n (iii) the emergency has affected, is affecting or is likely to affect Commonwealth interests;\n (iv) the making of the declaration is appropriate, having regard to the nature of the emergency and the nature and severity of the nationally significant harm; and\n (d) for reasons relating to emergency management, it is desirable for the declaration to be made for the purposes of one or more national emergency laws.\n (2) Before the Governor‑General makes a national emergency declaration in relation to an emergency, the Prime Minister must consult with the government of each State or Territory (if any) in which the Prime Minister is satisfied the emergency has caused, is causing or is likely to cause nationally significant harm.\n (3) Subsection (2) does not require the Prime Minister to consult with the government of a State or Territory if:\n (a) the government of the State or Territory requested the making of the national emergency declaration under subparagraph (1)(c)(i); or\n (b) the Prime Minister is satisfied that it is not practicable to do so.\n Requirements for a national emergency declaration\n (4) A national emergency declaration must:\n (a) be in writing; and\n (b) specify:\n (i) the emergency to which the declaration relates; and\n (ii) the nature of the emergency and the circumstances that gave rise to it; and\n (iii) the period for which the declaration is in force.\n\n> Note: The declaration may be varied under sections 12 and 13.\n\n Period for which a national emergency declaration is in force\n (5) The period specified for the purposes of subparagraph (4)(b)(iii):\n (a) must not be longer than the period that the Prime Minister considers necessary for the purposes of emergency management; and\n (b) in any case, must not be longer than 3 months.\n\n> Note: The period may be extended under section 12 and the declaration may be revoked under section 14.\n\n National emergency declaration is not subject to disallowance\n (6) A national emergency declaration is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Governor‑General may extend period for which a national emergency declaration is in force","content":"#### 12 Governor‑General may extend period for which a national emergency declaration is in force\n\n Conditions for extending a national emergency declaration\n (1) The Governor‑General may, in writing, vary a national emergency declaration that relates to an emergency to extend the period for which it is in force (for a further period of up to 3 months) if the Prime Minister is satisfied that:\n (a) the emergency has recently occurred or is occurring (whether in or outside Australia); and\n (b) the emergency has caused, is causing or is likely to cause nationally significant harm in Australia or in an Australian offshore area; and\n (c) any of the following subparagraphs apply:\n (i) the governments of each State and Territory in which the emergency has caused, is causing or is likely to cause nationally significant harm have requested, in writing, the extension;\n (ii) because of the emergency, it is not practicable for a request to be made under subparagraph (i);\n (iii) the emergency has affected, is affecting or is likely to affect Commonwealth interests;\n (iv) extending the period is appropriate, having regard to the nature of the national emergency and the nature and severity of the nationally significant harm; and\n (d) for reasons relating to emergency management, it is desirable for the declaration to be in force for a longer period for the purposes of one or more national emergency laws.\n (2) Before the Governor‑General varies a national emergency declaration to extend the period for which it is in force, the Prime Minister must consult with:\n (a) if a request to make the national emergency declaration was made under subparagraph 11(1)(c)(i)—the governments of each State and Territory that made the request; and\n (b) the governments of each State and Territory that were consulted under subsection 11(2); and\n (c) the governments of each State and Territory (if any) in which the Prime Minister is satisfied the emergency has caused, is causing or is likely to cause nationally significant harm.\n (3) Subsection (2) does not require the Prime Minister to consult with the government of a State or Territory if the Prime Minister is satisfied that it is not practicable to do so.\n Period may be extended more than once\n (4) The Governor‑General may, under subsection (1), vary a national emergency declaration to extend the period for which it is in force more than once. However, each period of extension must not exceed 3 months.\n Variation is not subject to disallowance\n (5) A variation made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the variation.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Governor‑General may vary any other aspect of a national emergency declaration","content":"#### 13 Governor‑General may vary any other aspect of a national emergency declaration\n\n (1) The Governor‑General may, in writing, vary any other aspect of a national emergency declaration that relates to an emergency if the Prime Minister is satisfied that:\n (a) the emergency has recently occurred or is occurring (whether in or outside Australia); and\n (b) the emergency has caused, is causing or is likely to cause nationally significant harm in Australia or in an Australian offshore area; and\n (c) any of the following subparagraphs apply:\n (i) the governments of each State and Territory in which the emergency has caused, is causing or is likely to cause nationally significant harm have requested, in writing, the variation;\n (ii) because of the emergency, it is not practicable for a request to be made under subparagraph (i);\n (iii) the emergency has affected, is affecting or is likely to affect Commonwealth interests;\n (iv) varying the declaration is appropriate, having regard to the nature of the national emergency and the nature and severity of the nationally significant harm; and\n (d) for reasons relating to emergency management, it is desirable to vary the declaration for the purposes of one or more national emergency laws.\n (1A) Before the Governor General varies a national emergency declaration under subsection (1), the Prime Minister must consult with:\n (a) if a request to make the national emergency declaration was made under subparagraph 11(1)(c)(i)—the governments of each State and Territory that made the request; and\n (b) the governments of each State and Territory that were consulted under subsection 11(2); and\n (c) the governments of each State and Territory (if any) in which the Prime Minister is satisfied the emergency has caused, is causing or is likely to cause nationally significant harm.\n (1B) Subsection (1A) does not require the Prime Minister to consult with the government of a State or Territory if the Prime Minister is satisfied that it is not practicable to do so.\n (2) The Governor‑General may, under subsection (1), vary a national emergency declaration more than once.\n (3) A variation made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the variation.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Governor‑General may revoke a national emergency declaration","content":"#### 14 Governor‑General may revoke a national emergency declaration\n\n (1) The Governor‑General may, in writing, revoke a national emergency declaration if the Prime Minister is satisfied that, in all the circumstances, it is appropriate to do so.\n (2) A revocation made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the revocation.","sortOrder":17},{"sectionNumber":"14A","sectionType":"section","heading":"Review of national emergency declaration","content":"#### 14A Review of national emergency declaration\n\n The Senate Standing Committee on Legal and Constitutional Affairs, or such other committee constituted under a resolution of the Senate, must:\n (a) begin a review of each national emergency declaration made under section 11 by the first anniversary of the day the declaration is made; and\n (b) report the Committee’s findings to the Senate as soon as practicable after completing the review.","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Modification of administrative requirements during a national emergency","content":"## Part 3—Modification of administrative requirements during a national emergency","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Ministers may modify administrative requirements during a national emergency","content":"#### 15 Ministers may modify administrative requirements during a national emergency\n\n Power to modify affected provisions in relation to relevant matters\n (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):\n (a) the giving of information in writing;\n (b) the signature of a person;\n (c) the production of a document by a person;\n (d) the recording of information;\n (e) the retention of documents or information;\n (f) the witnessing of signatures;\n (g) the certification of matters by witnesses;\n (h) the verification of the identity of a person;\n (i) the attestation of documents;\n (j) the reporting or notification of a matter to a Department, agency or authority of the Commonwealth.\n\n> Note: This section does not apply to some affected provisions (see subsection (8)).\n\n (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:\n (a) the affected provision is varied as specified in the determination in relation to a period specified in the determination; or\n (b) the affected provision does not apply in relation to a period specified in the determination; or\n (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.\n (3) A determination under subsection (2) has effect accordingly.\n Requirements relating to making determinations\n (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:\n (a) the determination is in response to circumstances relating to the emergency to which the national emergency declaration relates; and\n (b) making the determination will be of benefit to the public, or a section of the public.\n (5) The determination must specify the national emergency declaration to which it relates.\n Variation and revocation of determinations\n (6) If a responsible Minister makes a determination under subsection (2), the responsible Minister may, by legislative instrument, vary or revoke the determination.\n Period for which determinations are in force\n (7) A determination under subsection (2) is in force for the period:\n (a) starting on the day specified in the determination (which may be earlier than the day the determination is made); and\n (b) ending at the earliest of the following:\n (i) if the determination specifies a day on which it ceases to be in force—the start of that day;\n (ii) if the determination is revoked—the end of the day the revocation takes effect;\n (iii) the start of the day on which the national emergency declaration to which the determination relates ceases to be in force.\n This section does not apply to certain laws\n (8) This section does not apply to:\n (a) Part IAA, IAAA, IAAC, IAB, IAC, IC or ID of the Crimes Act 1914; or\n (b) the Australian Crime Commission Act 2002; or\n (c) the Australian Federal Police Act 1979; or\n (d) the Australian Security Intelligence Organisation Act 1979; or\n (e) the Intelligence Services Act 2001; or\n (f) the Surveillance Devices Act 2004; or\n (g) the Telecommunications (Interception and Access) Act 1979; or\n (ga) the Auditor‑General Act 1997; or\n (gb) Part 14 of the Australian Securities and Investments Commission Act 2001; or\n (gc) the Human Rights (Parliamentary Scrutiny) Act 2011; or\n (gd) the Inspector‑General of Intelligence and Security Act 1986; or\n (ge) the National Anti‑Corruption Commission Act 2022;\n (gf) the Ombudsman Act 1976; or\n (gg) the Parliamentary Joint Committee on Law Enforcement Act 2010; or\n (gh) the Parliamentary Proceedings Broadcasting Act 1946; or\n (gi) the Public Accounts and Audit Committee Act 1951; or\n (gj) the Public Works Committee Act 1969; or\n (h) a law, or a provision of a law, of the Commonwealth prescribed by regulations for the purposes of this paragraph.\n Meaning of responsible Minister\n (9) For the purposes of this section, a responsible Minister for an affected provision is:\n (a) if the affected provision is a provision of an Act—any Minister who administers that Act; or\n (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.","sortOrder":20},{"sectionNumber":"Part 4","sectionType":"part","heading":"Other matters","content":"## Part 4—Other matters","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Provision of emergency management information","content":"#### 16 Provision of emergency management information\n\n (1) This section applies if a national emergency declaration is in force.\n (2) The Prime Minister may, by written notice, require an accountable authority of a Commonwealth entity to provide specified information to the Prime Minister for the purposes of preparing for, responding to or recovering from an emergency to which the national emergency declaration relates.\n (3) Without limiting subsection (2), information may relate to:\n (a) stockpiles of medical or other supplies held by or available to the Commonwealth entity; or\n (b) assets or other resources held by or available to the Commonwealth entity; or\n (c) options or recommendations relating to actions that may be taken by the Commonwealth.\n (4) A notice under subsection (2) must specify the period within which the information must be provided.\n (5) This section has effect despite any other law of the Commonwealth.\n (6) In this section:\n\n> accountable authority has the meaning given by the Public Governance, Performance and Accountability Act 2013.\n\n> Commonwealth entity has the meaning given by the Public Governance, Performance and Accountability Act 2013.","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Reporting on the exercise of powers etc. under national emergency laws","content":"#### 17 Reporting on the exercise of powers etc. under national emergency laws\n\n (1) This section applies if:\n (a) a national emergency declaration is made; and\n (b) powers are exercised or functions are performed under a national emergency law for the purposes of the declaration.\n (2) The Minister responsible for administering the national emergency law must prepare and give to the Minister administering this Act a report on the exercise of the powers or the performance of the functions.\n (3) The report must include details of the following:\n (a) the national emergency declaration to which the report relates;\n (b) the national emergency law to which the report relates;\n (c) the powers that have been exercised or the functions that have been performed under the national emergency law;\n (d) any other matter prescribed by the regulations for the purposes of this paragraph.\n (4) The report must be given:\n (a) unless paragraph (b) applies—as soon as practicable after the national emergency declaration ceases to be in force;\n (b) if the national emergency declaration is extended, or further extended, under section 12:\n (i) within 3 months after the declaration came into force; and\n (ii) every subsequent period of 3 months (or part thereof) that the declaration remains in force.\n (5) The Minister administering this Act must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable after the Minister receives it.\n (6) Despite subsection (3), the report must not include information that the Minister is satisfied:\n (a) is commercially sensitive; or\n (b) affects national security; or\n (c) is a kind of information prescribed by the regulations for the purposes of this paragraph.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Review of operation of this Act","content":"#### 18 Review of operation of this Act\n\n The Senate Standing Committee on Legal and Constitutional Affairs, or such other committee constituted under a resolution of the Senate, must:\n (a) begin a review of the operation of this Act immediately after this Act commences and report the Committee’s findings to the Senate by 30 June 2021; and\n (b) begin a review of the operation of this Act by the fifth anniversary of the day this Act commences and report the Committee’s findings to the Senate as soon as practicable after completing the review.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Regulations","content":"#### 19 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":25}],"analysis":{"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":7,"scope_assessment":{"changed":true,"description":"The Act's stated object is to 'recognise and enhance the role of the Commonwealth' in emergency management. However, the breadth of 'national emergency laws' listed — spanning airport curfews, competition law, patents, privacy, taxation, telecommunications, social security, and critical infrastructure — goes considerably beyond a simple emergency coordination framework. The inclusion of provisions allowing indefinite 3-month rolling extensions with no parliamentary override, combined with the Prime Minister's broad discretion to declare emergencies based on likely future harm (including overseas events), means the Act's practical scope is substantially wider than a narrow reading of its stated purpose would suggest. The addition of oversight body exclusions (e.g., National Anti-Corruption Commission, Ombudsman) in what appear to be post-enactment amendments also suggests the original scope was progressively refined in response to scrutiny."},"complexity_factors":["Extensive cross-referencing to over 30 separate Commonwealth laws ('national emergency laws') scattered across aviation, health, social security, telecommunications, environment, and other sectors — requiring knowledge of all those Acts to fully understand the Act's effect","Multi-layered trigger conditions with overlapping and alternative criteria (subparagraphs (c)(i)-(iv)) that introduce significant discretionary judgment by the Prime Minister, with limited judicial review prospects","The exclusion from parliamentary disallowance (a significant constitutional and administrative law concept) while still classifying declarations as 'legislative instruments' creates a non-standard legal category requiring specialist knowledge to appreciate","Complex temporal mechanics — declarations last up to 3 months, can be extended indefinitely in 3-month blocks, with cascading effects on ministerial determinations that expire when declarations expire","Ministerial modification powers under section 15 interact with an extensive list of carved-out laws (oversight and accountability bodies), requiring practitioners to cross-check every affected provision against the exclusion list","The retroactive commencement possibility for ministerial determinations (can start before the day they are made) creates unusual legal timing questions","Federal/state tension built into the structure — consultation requirements with state and territory governments but with broad 'not practicable' escape clauses, and concurrent operation with state emergency laws adds another layer","Reporting obligations under section 17 have different triggers and timelines depending on whether the declaration is extended, creating conditional compliance obligations"],"plain_english_summary":"This Act creates a formal national emergency declaration the Governor‑General may make on the Prime Minister’s advice, allowing the Commonwealth to act quickly in major crises (bushfires, pandemics, floods, overseas events affecting Australia). Declarations run up to 3 months and are extendable.\n\nWhen declared, wide Commonwealth powers and specific emergency provisions activate—streamlining paperwork, compelling agency information, and affecting services, privacy and regulation—while removing parliamentary disallowance and relying on mandatory Senate reviews and ministerial reporting for oversight."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The supplied text sets out the Act’s object (recognise and enhance Commonwealth role) and the powers it confers (declarations, ministerial modification powers, compelled information, reporting and review). There is no material in the provided text indicating a change from that stated object; the operative provisions align with the Act’s declared purpose (see s 3 and implementing provisions such as ss 11, 15 and 16)."},"complexity_factors":["Decision point rests on Prime Minister’s subjective satisfaction that an emergency causes or may cause 'nationally significant harm' (s 11) — introduces broad executive discretion.","Declarations, variations and extensions are legislative instruments explicitly excluded from parliamentary disallowance (ss 11(6), 12(5), 13(3), 14(2)) — reduces parliamentary oversight.","Time limits and renewals: initial maximum 3‑month period with extensions of up to 3 months each (ss 11(5), 12(1), 12(4)) — creates repeated decision/administration cycles.","Wide but specific list of \"national emergency laws\" and an exclusions list for modification powers (s 10; s 15(8)) — complexity from cross‑reference and carve‑outs.","Ministerial power to modify many administrative requirements by legislative instrument (s 15) — affects numerous Commonwealth laws and administrative practices.","Prime Minister’s power to compel information from Commonwealth entities despite other laws (s 16(5)) — overrides potential statutory or contractual limits.","Reporting and review architecture: mandatory ministerial reporting (s 17), tabling in Parliament (s 17(5)), and Senate committee reviews of declarations (s 14A, s 18) — multiple accountability threads with timing rules.","Concurrent operation with State/Territory laws (s 9) and geographic scope into external Territories and offshore areas (ss 6–7) — multi‑jurisdictional interaction."],"plain_english_summary":"Mechanically, the Act creates a written mechanism for the Governor‑General, on the Prime Minister’s satisfaction, to declare a time‑limited “national emergency” when an event is causing or likely to cause defined \"nationally significant harm\" in Australia or its offshore areas; declarations last up to 3 months and can be extended (ss 11–12). While a declaration is in force, ministers can, by legislative instrument, modify or suspend certain routine administrative requirements (signatures, reporting, identity checks) (s 15), the Prime Minister can require information from Commonwealth entities (s 16), and ministers must report uses of emergency powers (s 17). Decisions are taken by the Prime Minister, responsible ministers and the Governor‑General; affected agencies, businesses and individuals must comply with modified procedures."},"kimi_summary":{"_metrics":{"completionTokens":650},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act appears to operate within its original scope as enacted. The framework for national emergency declarations, ministerial modification powers, and information-gathering provisions align with the stated object of enhancing Commonwealth emergency management capabilities. No significant scope creep is evident in this version."},"complexity_factors":["Extensive cross-referencing to 32 separate 'national emergency laws' across multiple portfolios (aviation, health, social security, telecommunications, etc.)","Multiple nested conditions for making, extending, and varying declarations (s.11-13) with four alternative subparagraphs and consultation exceptions","Defined terms with layered geographic scope including external Territories and 'Australian offshore areas' (territorial sea, EEZ, continental shelf)","Complex temporal mechanics for declarations: initial 3-month maximum, unlimited extensions, retroactive effect possible for determinations","Exclusion list in s.15(8) covering 15+ specific Acts and Parts, with additional regulation-making power for further exclusions","Reporting obligations with conditional timing (immediate vs. periodic) and multiple carve-outs for sensitive information"],"plain_english_summary":"This Act creates a formal mechanism for the Commonwealth to declare a **national emergency** when something threatens to cause serious harm across Australia.\n\n**What it does:**\n- Allows the **Governor-General** to declare a national emergency if the **Prime Minister** is satisfied that an emergency (anywhere in the world) is causing or likely to cause **\"nationally significant harm\"** — meaning harm with significant national impact to health, property, environment, or essential services.\n\n**Key powers triggered by a declaration:**\n- **Ministers can temporarily modify administrative requirements** in Commonwealth laws — things like signature requirements, document production, identity verification, and reporting obligations. This lets government operate more flexibly during crises.\n- The **Prime Minister can demand information** from Commonwealth agencies about resources, supplies, and response options.\n- **Dozens of other laws** (listed as \"national emergency laws\") can have their special emergency powers activated.\n\n**Important safeguards:**\n- Declarations last **maximum 3 months** but can be extended repeatedly (each extension also max 3 months).\n- The Prime Minister **must consult with States and Territories** before declaring, unless it's not practicable.\n- **Parliamentary oversight**: A Senate committee must review every declaration within a year, and the Act itself gets reviewed at 5-year intervals.\n- **Not disallowable**: Unlike most laws, Parliament cannot veto these declarations — they take effect immediately.\n\n**Who it affects:**\n- Commonwealth government agencies and departments\n- Anyone dealing with Commonwealth administrative requirements during an emergency\n- State and Territory governments (who are consulted but can be bypassed in urgent circumstances)\n\n**Why it matters:**\nThis is the legal framework that lets the federal government cut through red tape and coordinate national responses to major disasters — pandemics, bushfires, floods, or other large-scale emergencies — while maintaining some accountability through reporting and review requirements."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/national-emergency-declaration-act-2020","history":"/api/acts/national-emergency-declaration-act-2020/history","analysis":"/api/acts/national-emergency-declaration-act-2020/analysis","conflicts":"/api/acts/national-emergency-declaration-act-2020/conflicts","importantCases":"/api/acts/national-emergency-declaration-act-2020/important-cases","documents":"/api/acts/national-emergency-declaration-act-2020/documents"}}