11BMinister's power in emergency period

11B Minister's power in emergency period (1) Subsection (2) has effect during the following periods (the emergency period): (a) while the COVID-19 public health emergency is declared under section 48 of the Public and Environmental Health Act 2011; (b) while an EMA declaration is in force. (2) The Minister may, by Gazette notice (a modification notice), do any or all of the following: (a) suspend or modify all or part of this Act and regulations made under it; (b) make provisions to regulate the following: (i) a business premises or a business lease to which this Act applies; (ii) an arrangement (an occupation arrangement) for the occupation of premises for business purposes that is an arrangement to which this Act, but for this section, does not apply. (3) To avoid doubt: (a) without limiting subsection (2)(a), that subsection extends to setting aside all or part of sections 6 to 8, and any regulations made under those sections, as the Minister considers appropriate; and

Business Tenancies (Fair Dealings) Act 2003 10 (b) without limiting subsection (2)(b), that subsection empowers the Minister to make provisions: (i) in relation to aspects of business leases or occupation arrangements to which this Act does not otherwise apply; and (ii) in relation to matters ancillary to business premises, business leases or occupation arrangements, such as limitations or other modifications regarding the awarding of costs in court or tribunal proceedings hearing and determining disputes. (4) A modification notice may apply to any of the following: (a) a specified person, business lease or business premises; (b) a specified occupation arrangement; (c) a specified class of person, business lease or business premises; (d) a specified class of occupation arrangement; (e) all business leases. (5) Without limiting subsection (2), a modification notice may require that a landlord must engage in a minimum period, not longer than 30 business days, of good faith negotiation with a tenant before the landlord issues a notice to quit premises. (6) A modification notice may, by reference, incorporate in whole or in part, an Act, subordinate instrument or other document as in force at a particular time or from time to time. (7) A modification notice has effect for the period specified in the notice, which may be any period during the emergency period. Note for subsection 7 Section 11G provides for ongoing effect of certain aspects of a modification notice. (8) The Minister must table a modification notice in the Legislative Assembly on the next sitting day after it is published in the Gazette.