COVID-19 Emergency Response Act 2020

The Act operates through three overlapping legal devices: temporary statutory modification, delegated regulation and substitution of procedural formalities.

Temporary statutory modification. The Act expressly modifies existing Acts for the duration of the emergency period. Section 23 and Schedule 2 implement targeted, temporary changes to specified State laws. The tenancy and residential‑care protections in Part 2 (e.g. ss 8-10, 10A) are modelled as modifications to existing Acts: for example s 8 operates to modify the Residential Tenancies Act 1995 so terms of tenancy agreements are "taken to be modified" to the extent necessary to give effect to the s 8 changes (s 8(1)(a)). The same technique applies across the residential parks and supported residential facilities statutes (s 9(1); s 10(1)). The Act instructs that, unless otherwise provided, a term or phrase used in those sections has the same meaning as in the relevant parent Act (s 8(11), s 9(3), s 10(3)).

Delegated regulatory power with scope for definitions and discretion. Section 19 empowers the Governor to make regulations that do much of the operational work that converts statutory intent into enforceable rules. The regulations can define "financial hardship" for use in tenancy provisions (s 19(2)(a)), mitigate adverse impacts on a party to a lease including by regulating parties to a lease or provisions of a lease (s 19(2)(c)), modify operation of any provisions of the Act or a relevant Act for pandemic‑related purposes (s 19(2)(d)), require record‑keeping or reporting (s 19(2)(h)), and set fines and expiation fees up to specified upper limits (s 19(2)(j)-(k)). Subsection 19(3)(d) allows the regulations to provide that matters are to be determined by the discretion of the Minister, State Co‑ordinator, Chief Public Health Officer or any specified person. That creates a framework of delegated executive discretion within limits set by the enabling provision.

Substitution of procedural formalities. Section 16 authorises suspension or modification, by regulation, of statutory requirements about documents including signing, witnessing and stamping. The effect is that, during the emergency, prescribed formalities can be relaxed by subordinate instrument. Section 18 similarly broadens acceptable methods of service of notices and documents to include email and fax and other methods (s 18(a)-(d)).

Sectoral protective rules. The tenancy provisions provide a package of protections including: prohibition on rent increases where the tenant is suffering financial hardship as a result of COVID‑19 (s 8(1)(b)); non‑treatment of pandemic‑required acts or omissions by tenants as breaches (s 8(1)(c)); rights for tenants to undertake agreed repairs without prior approval, with cost positions addressed (s 8(1)(d)); immunity from recording certain tenancy default matters on tenancy databases (s 8(1)(r)); and limits on orders for termination or possession when non‑payment is due to pandemic hardship (s 8(1)(f)-(g)). The Tribunal’s role is broadened to allow pandemic‑sensitive orders and suspensions (s 8(1)(h)-(k), (l)).

Community‑visitor electronic inspections and transparency. Section 10A authorises community visitors to conduct visits and inspections by audiovisual or other electronic means where reasonably practicable, modifies attendance and multi‑visitor requirements, allows directions to facilitate electronic visits (s 10A(1)-(2)), creates an offence for refusal to comply with such a direction (s 10A(3) maximum $5,000), and imposes monthly public reporting obligations on community visitors including number, date, reasons and locations of electronic visits (s 10A(5)-(6)).

Immunity and saving clauses. Section 22 shields the Crown and persons acting in good faith from civil or criminal liability for acts or omissions connected to exercising powers under the Act. Section 6(3) ensures actions taken in accordance with the Act’s modifications remain valid after expiry, preserving legal stability for transactions and conduct undertaken while the Act was in force.

Expiry and parliamentary oversight. The Act is time‑limited, with the Minister empowered to fix expiry days for parts of Part 2 and Schedule 2 (s 6(1)(a)-(b)), an outer limit tied to the cessation of relevant declarations or 1 December 2021 (s 6(2)), and procedural oversight for regulations via mandatory laying before both Houses on the next sitting day (s 21(1)). Disallowance has a six‑month re‑making restriction (s 21(3)).

Interplay with other Acts. The Act is expressly additional to other law except where it modifies a particular law (s 5). The legislative history and Schedule 2 record specific modifications to other Acts during the emergency, including to the Emergency Management Act 2004 (Schedule 2 Part 1) authorising State Co‑ordinator directions that may apply statewide and, while in force, may require lawful rights to be affected or allow contravention of other state laws (Schedule 2 Part 1 cl 1(e) and (5)(c)(ii)). The exact content of those modifications and their expiry dates are recorded in the Schedule and legislative history.

Editorial and legislative history notes within the text record that many of the original or later provisions have expired. The Act therefore operates as a framework for temporary change, deploying delegated regulation and targeted statutory adjustments to reduce legal frictions caused by emergency public health measures while preserving mechanisms for parliamentary scrutiny and transitional savings.

The Act identifies and alters rights and duties across multiple private and public actors. The principal affected groups are tenants and landlords, residential‑park occupiers and park operators, residents and proprietors of supported residential facilities, community visitors and their principals, State executive actors (Governor, Minister, State Co‑ordinator, Chief Public Health Officer), tribunals, and certain regulated market participants in sectors temporarily modified by Schedule 2.

Tenants and landlords. Section 8 reconfigures residential tenancy law for the period of the measures. Tenants who are "suffering financial hardship as a result of the COVID‑19 pandemic" are given protection from rent increases (s 8(1)(b)), from being treated as in breach for pandemic‑required acts or omissions (s 8(1)(c)), and from termination on the sole ground of non‑payment where the non‑payment is due to pandemic hardship (s 8(1)(f)). Landlords lose the ability to rely on ordinary termination and possession mechanisms in those circumstances (s 8(1)(g)). The Tribunal is constrained in making possession orders and is given latitude to make other orders to ameliorate hardship (s 8(1)(h)-(k)). Landlords remain subject to Tribunal review processes and may apply under s 8(4) to have orders modified, confirmed or quashed (s 8(4)).

Residential park residents and park operators. Section 9 applies the tenancy modifications in s 8 to the Residential Parks Act 2007, treating residential park tenancy agreements and site agreements as if they were residential tenancy agreements for the purposes of the s 8 modifications (s 9(1)). That changes the rights, termination avenues and database recording rules for park residents and operators.

Proprietors and residents of supported residential facilities. Section 10 prevents proprietors from terminating resident contracts for non‑payment if the resident is suffering financial hardship due to COVID‑19 (s 10(1)(a)). Proprietors cannot increase fees or charges during the relevant period (s 10(1)(b)). Proprietors are protected from being treated as committing offences or breaches where their acts or omissions are reasonably required to give effect to the section or to COVID‑19 directions (s 10(1)(i)). Residents are not treated as breaching contracts where they follow directions or laws related to COVID‑19 (s 10(1)(c)). Licensing authorities and Tribunals are similarly constrained from making termination orders for fee non‑payment where hardship applies (s 10(1)(e)-(f)).

Community visitors, patients and residents of regulated institutions. Section 10A affects community visitors defined to include visitors under the Mental Health Act 2009, the Disability Services (Community Visitor Scheme) Regulations 2013, the COVID‑19 Emergency Response (Schedule 1) Regulations 2020 and the Chief Psychiatrist under the Mental Health Act (s 10A(7)). Those community visitors may perform functions by audiovisual or electronic means (s 10A(1)) and may give directions to enable such visits (s 10A(2)). Persons who refuse to comply with such directions may face a maximum penalty of $5,000 (s 10A(3)). Community visitors must publish and update reports on a publicly accessible website at least monthly detailing the number, location, timing and reasons for electronic visits (s 10A(5)-(6)).

State executive and administrative actors. The Governor, Minister and State Co‑ordinator obtain or exercise specific powers. The Governor may make regulations under s 19 and may fix expiry days under s 6. Section 19(3)(d) permits regulations to vest decision‑making in the Minister, State Co‑ordinator or Chief Public Health Officer. Schedule 2 (when in force) expanded the State Co‑ordinator’s power under the Emergency Management Act 2004 to make directions applying to persons generally and to publish them within 24 hours (Schedule 2 Part 1 cl 1(e) and (4)). The State Co‑ordinator also received powers to exempt classes or individuals from directions (Schedule 2 Part 1 cl 1(6)). The Crown and persons acting in good faith are immunised from civil and criminal liability for acts done under the Act per s 22.

Tribunals and courts. The Tribunal has specific pandemic‑oriented jurisdictional expectations and powers. For tenancy matters the Tribunal must have regard to pandemic circumstances when deciding applications and may suspend or modify orders and tenancy agreements to reduce immediate financial obligations (s 8(1)(i)-(l)). The Tribunal’s original jurisdiction in these matters is explicit (s 8(8)). The Tribunal also must not order interest on amounts payable by a tenant under a residential tenancy agreement during the relevant period (s 8(1)(n)).

Regulated market participants and infrastructure operators. Schedule 2 modified the Emergency Management Act 2004 and the National Electricity (South Australia) Act 1996 while in force. Notably, during its operation Schedule 2 inserted provisions allowing directions to market participants, including persons engaged in transmission or distribution of electricity (Schedule 2 Part 1 cl 1(fa)-(fc) while operative). The Governor is given power to make regulations modifying the operation of rules under the National Electricity Law for system reliability under the temporary Part 2A (Schedule 2 Part 2A, s 2A(1)). Those sectoral modifications were temporary and the legislative history records expiries for many Schedule 2 provisions.

Other private parties and businesses. The document‑formalities power (s 16) and broadened service provisions (s 18) affect all persons and entities subject to statutory formalities and notice requirements. Parties relying on traditional witnessing, handwriting signatures or in‑person attendance for deeds, contracts, attestations, power of attorney or other instruments must account for temporary regulatory modifications authorised by s 16. Those modifications impact conveyancing, company execution, tribunal filings and other procedural matters.

Parliament and the public. Section 21 requires all regulations made under the Act to be laid before each House on the next sitting day (s 21(1)), which affects parliamentary oversight and the timing of scrutiny. The public is an intended audience of transparency obligations placed on community visitors (s 10A(5)) and on the obligation to keep copies of any incorporated codes available for inspection where regulations incorporate them (s 19(4)(a)).

Who pays. The Act shifts or suspends certain immediate financial liabilities: tenants are insulated from rent increases and from immediate termination for pandemic‑related non‑payment (s 8(1)(b), (f)-(g)), placing short‑term revenue risk on landlords and owners. Proprietors of supported residential facilities are prevented from increasing fees (s 10(1)(b)), affecting their revenue streams. Government and officials pay administrative costs of publishing regulations, operating exemptions and managing Tribunal workloads. Businesses may bear compliance costs to adapt to electronic inspections, modified document formalities and new reporting or record‑keeping obligations created by regulations under s 19.

The precise duration and reach for many of these effects depends on the operation of s 6 expiry notices and subsequent regulations. The text includes Editorial Notes and a legislative history listing multiple amending Acts that extended, modified or allowed expiry of parts of the Act; practitioners should consult the legislative history section below to track which provisions were in force at particular times.

This section summarises the statutory duties imposed on public actors and private parties under the Act and the rights it confers during its operation, citing the operative provisions in the Act text.

Duties of executive actors and regulators

• Governor: make regulations necessary or expedient for the purposes of the Act (s 19(1)); suspend or modify statutory document formalities by regulation (s 16(1)); make regulations in respect of savings and transitional matters following expiry (s 20(1)). Regulations must be laid before Parliament on the next sitting day (s 21(1)). When regulations incorporate codes or documents, a copy must be kept available for public inspection (s 19(4)(a)).
• Minister: may fix expiry days for particular provisions of Part 2 and Schedule 2 by Gazette notice (s 6(1)(a)-(c)). The Minister is also a specified person who may be afforded discretion by regulations under s 19(3)(d). The Minister must ensure parliamentary briefing and expedite exemption applications in certain border entry circumstances per modified Emergency Management Act provisions while in force (Schedule 2 Part 1 cl 1(ea)(3)-(4)).
• State Co‑ordinator and Chief Public Health Officer: regulations may vest determination powers or discretions in them (s 19(3)(d)). Schedule 2 (while operative) explicitly broadened the State Co‑ordinator’s authority to issue directions that may apply statewide and require publication (Schedule 2 Part 1 cl 1(e) and (4)-(6)).

Duties and prohibitions imposed on private parties

• Landlords: prohibited from increasing rent for tenants suffering financial hardship due to COVID‑19 (s 8(1)(b)). Landlords are restrained from terminating a residential tenancy solely for failure to pay rent in those circumstances (s 8(1)(f)). A purported termination in contravention of the modified Residential Tenancies Act will be void (s 8(2)).
• Tenants: the Act protects tenants from being treated as in breach for acts or omissions required by law in response to the pandemic (s 8(1)(c)). Tenants may undertake repairs in accordance with agreements without prior approval and can rely on section 68 provisions for costs or compensation (s 8(1)(d)). Tenants may apply to the Tribunal for orders reflecting financial hardship (s 8(1)(h)-(i), (k), (l)).
• Proprietors of supported residential facilities: cannot terminate resident contracts for failure to pay fees where the resident is suffering pandemic‑related hardship (s 10(1)(a)); cannot increase fees or charges (s 10(1)(b)); must not issue proposed termination notices under section 39 for fee non‑payment where hardship applies (s 10(1)(d)). They are taken not to commit offences or breach licences to the extent acts are reasonably required to give effect to the modifications or public health directions (s 10(1)(i)).
• Community visitors and sites: community visitors may perform visits electronically and must give directions to enable those visits (s 10A(1)-(2)). Persons must not, without reasonable excuse, refuse to comply with such directions (s 10A(3)). Community visitors must report the number, timing, location and reasons for remote visits on a publicly accessible website monthly (s 10A(5)-(6)).
• Persons generally: may be served with notices by email or fax to an address provided by the person , such service is taken to be effective at the time of transmission (s 18(d)).

Tribunal duties and powers

• Tribunal: must have particular regard to COVID‑19 circumstances in making or reviewing orders under the Residential Tenancies Act as modified (s 8(1)(i), s 8(1)(k)); may suspend the operation of orders and modify tenancy agreements to reduce immediate obligations where tenants suffer financial hardship (s 8(1)(k)(ii)-(iii)); may make such orders as it thinks fit including reducing or waiving specified costs associated with termination (s 8(1)(j)). The Tribunal’s jurisdiction in these matters is within its original jurisdiction (s 8(8)). The Tribunal must not order interest to be paid by a tenant during the relevant period (s 8(1)(n)).

Rights and protections

• Tenants: right to non‑increased rent where financial hardship is proven or defined in regulations (s 8(1)(b)). Protection from termination and from adverse entries on tenancy databases in specified cases (s 8(1)(f), (r)(i)). Right to have Tribunal consider pandemic circumstances in deciding hardship applications (s 8(1)(i), (k)).
• Residents of supported facilities: right not to be evicted or have contracts terminated solely for non‑payment when hardship applies (s 10(1)(a)); right not to face increases in fees (s 10(1)(b)); right to be taken not to have breached contracts where following pandemic directions (s 10(1)(c)). Licensing authorities and Tribunals are constrained from making orders terminating contracts for fee non‑payment where hardship applies (s 10(1)(e)-(f)).
• Community visitors: right to perform functions and make inspections by electronic means and to require reasonable facilitation from facilities (s 10A(1)-(2)). Community visitors also have a positive duty to publish monthly reports (s 10A(5)).
• Persons acting in good faith: protection from civil and criminal liability in connection with acts or omissions under the Act (s 22).

Procedural and evidentiary modifications

• Document formalities: the Governor may suspend or modify statutory formalities relating to documents and may condition such suspensions (s 16(1)-(2)). Any regulation may be limited or be specific in scope (s 16(2)(a)-(b)). This affects how signatures, witnessing and stamping requirements are applied during the emergency.
• Service rules: expanded methods of service include personal service, leaving with an over‑16, post, fax or email provided by the person, and service on companies in accordance with the Corporations Act 2001 (Cth) (s 18(a)-(e)). Email or fax service is taken to be effective at time of transmission (s 18(d)).

Limits and safeguards

• Parliamentary oversight: regulations must be laid before each House on the next sitting day (s 21(1)), and if disallowed cannot be remade within six months except by the disallowing House (s 21(3)).
• Duration: the Minister fixes expiry days for parts of Part 2 and Schedule 2 (s 6(1)(a)-(b)); s 6(2) ties an outer limit to either cessation of all relevant COVID‑19 declarations or 1 December 2021.
• Saving of past acts: s 6(3) preserves the validity of acts done while a provision was in force, e.g. a contract executed under modified s 16 formalities remains valid after expiry.

Practical implications for decision‑makers and duty‑bearers

• Landlords and proprietors must maintain records to demonstrate whether non‑payment or other behaviour is due to COVID‑19 hardship, because regulations under s 19 may define the circumstances in which a person is "taken to be suffering financial hardship" and because there are database recording limits under s 8(1)(r).
• Community visitors must implement systems for audiovisual inspections and public reporting (s 10A(5)-(6)), and facilities must provide reasonable facilitation when directed (s 10A(2)).
• Executives implementing directions under Schedule 2 while operative must publish directions and consider advice of the Chief Public Health Officer for health‑related goods or services (Schedule 2 Part 1 cl 1(4) and (5)(b)-(c)).
• Entities relying on statutory formalities should monitor regulations under s 16 for permissible alternative witnessing or execution methods and maintain contemporaneous records to prove compliance with any substituted procedures.

All of these duties, rights, and procedural changes are temporary and subject to the Minister’s and Governor’s regulatory and expiry powers in ss 6, 16 and 19. The Act’s legislative history records subsequent amendments, reinsertions and expiries of many parts; practitioners should verify the in‑force status of each component for the relevant date range.

The Act itself contains limited direct criminal penalties but authorises regulations to create offences with specified maximum penalties and expiation fees. It also confers mechanisms for enforcement via existing tribunals and permits executive directions with sanctioning consequences in modified Acts.

Express penal provisions in the Act

• Refusal to comply with community visitor directions (s 10A(3)): a person must not, without reasonable excuse, refuse or fail to comply with a direction under s 10A(2). The maximum penalty provided in the Act is $5,000.
• The Act does not otherwise create numerous in‑text criminal offences. Instead it relies on subordinate legislation for additional offences and enforcement measures.

Delegated power to create offences and set penalties

• Section 19(2)(j) authorises regulations to create fines not exceeding $10,000 for offences against the regulations, and s 19(2)(k) authorises expiation fees not exceeding $5,000.
• Subordinate regulations may therefore prescribe enforcement regimes, administrative penalties and expiation schemes tailored to pandemic circumstances. Those regulations must nevertheless be made under s 19 and are subject to parliamentary tabling and potential disallowance per s 21(1)-(3).

Enforcement via tribunals and civil remedies

• The Tribunal is the principal civil forum for residential tenancy disputes under the modified rules. Sections in s 8 expand the Tribunal’s remedial powers: the Tribunal may make orders other than termination on financial hardship grounds (s 8(1)(h)), reduce or waive specified costs associated with termination (s 8(1)(j)), suspend orders and modify agreements to reduce immediate financial obligations (s 8(1)(k)(ii)-(iii)), and must have regard to pandemic circumstances when exercising functions under s 93 of the Residential Tenancies Act 1995 (s 8(1)(k)(i)-(ii)). The Tribunal should continue to be the primary enforcement body for civil disputes arising under the modified tenancy rules.
• A purported termination or other action in contravention of the modified Residential Tenancies Act or Residential Parks Act will be void and of no effect (s 8(2); s 9(2)). That makes some enforcement matters a question of declaratory relief and of having the Tribunal quash or vary actions taken in breach.

Executive directions and compliance

• Schedule 2 (while operative) modified the Emergency Management Act 2004 to authorise the State Co‑ordinator, or a delegate, to give directions or make requirements that apply statewide and to publish them on a designated website within 24 hours (Schedule 2 Part 1 cl 1(3)-(4)). Those directions may require persons to act in contravention of another law and may affect lawful rights or obligations (Schedule 2 Part 1 cl 1(5)(b)-(c)(i)-(ii)).
• The State Co‑ordinator may, where a direction applies to a class or place or period, exempt persons conditionally or unconditionally from the direction (Schedule 2 Part 1 cl 1(6)). Enforcement of directions under the Emergency Management Act would be governed by that Act as modified, and may include authorised officer powers.

Immunity from liability

• Section 22 provides that no civil or criminal liability attaches to the Crown, or to any person acting in good faith, in respect of any acts or omissions in connection with the exercise or discharge, or purported exercise or discharge, of a power or function under the Act, or the carrying out of any direction or requirement given or imposed, or purportedly given or imposed, in accordance with the Act. Section 22 also covers failures to exercise or discharge powers or functions. The immunity is framed broadly and applies "in relation to the outbreak of the human disease named COVID‑19 within South Australia."
• The immunity narrows prospects for civil or criminal liability claims against the Crown and persons acting in good faith in connection with the Act. However the Act does not immunise bad‑faith or intentional misconduct outside the "acting in good faith" threshold; the text does not define "good faith" in s 22.

Parliamentary oversight and disallowance as a control on enforcement instruments

• Regulations made under the Act must be laid before each House on the next sitting day (s 21(1)). If disallowed, the Governor must not remake those regulations, or make regulations of the same effect, within six months (s 21(3)). That parliamentary mechanism is an ex post restraint on delegated enforcement powers.
• Enforcement measures embedded in regulations remain subject to ordinary judicial review limits, but s 22 may affect tort and criminal liability claims for actions done in good faith under the Act.

Administrative record‑keeping and proof

• Section 19(2)(h) authorises regulations for keeping records and making reports to the Minister or other specified persons, and s 19(4)(b) provides that evidence of the contents of incorporated documents may be given by production of a Minister‑certified copy. These provisions facilitate administrative enforcement and evidentiary proof of compliance with regulatory instruments.

Practical enforcement risks and trade‑offs noted in the text

• The Act centralises significant discretion to the executive to craft regulations that may include criminal offences and penalties (s 19(2)(j)-(k); s 19(3)(d)). The text therefore places the primary enforcement burden on subordinate instruments rather than on the principal Act, subject to parliamentary tabling and disallowance.
• The immunity in s 22 shifts the risk of civil and criminal exposure away from Crown actors and persons acting in good faith. That reduces the litigation risk associated with emergency actions but also narrows the usual remedial pathways for affected private parties seeking redress for executive acts done in good faith.
• Tribunal remedies remain the main avenue for private parties to enforce or resist actions under the tenancy and supported residential facilities modifications. The Act explicitly gives the Tribunal flexibility to address pandemic‑related hardship, which has enforcement implications for the timing and nature of proceedings and remedies.

In short, the Act relies on a combination of tribunal jurisdiction to police civil disputes within modified frameworks, delegated regulations to prescribe offences and penalties, executive directions under modified emergency powers for compliance in public‑health contexts, and immunities for Crown and good‑faith actors to limit post‑hoc liability.

The Act is explicitly designed to operate alongside and, in specific respects, modify existing State law. Interaction is effected by amendment, modification, saving clauses and delegated regulation that can incorporate or modify other instruments. The Act both preserves other law and creates temporary exceptions.

Additive operation except where expressly varied. Section 5 states: "Except as is provided in this Act, this Act is in addition to and does not limit, or derogate from, the provisions of any other Act or law." That establishes a default non‑derogation principle. Modifications are therefore to be understood as targeted, overriding directions where they expressly alter the operation of a particular Act (for example s 8 modifying the Residential Tenancies Act 1995).

Modifications to specific Acts by operation of Part 2 and Schedule 2. The tenancy modifications (s 8) are framed as modifications to the Residential Tenancies Act 1995 and operate to the extent necessary to give effect to the changes (s 8(1)(a), (3)). Section 9 applies those same modifications to the Residential Parks Act 2007 so residential park tenancy agreements are treated as residential tenancy agreements for those purposes (s 9(1)). Section 10 modifies the Supported Residential Facilities Act 1992 in specific respects (s 10(1)). Schedule 2 contains temporary modifications to other named Acts including the Emergency Management Act 2004 (Schedule 2 Part 1), the Health Practitioner Regulation National Law (South Australia) Act 2010 (Schedule 2 Part 2AA) and the National Electricity (South Australia) Act 1996 (Schedule 2 Part 2A). The Schedule records express insertions and deletions in the modified Acts and is operative until it expires under s 6.

Effect on conflicting laws and permitted contraventions. Schedule 2 (while operative) modified the Emergency Management Act 2004 to make clear that the State Co‑ordinator may issue directions or requirements that may require a person to act in contravention of another law of the State (Schedule 2 Part 1 cl 1(5)(b)). The Schedule also clarifies that the State Co‑ordinator or an authorised officer may exercise powers or functions even if doing so would contravene another State law (Schedule 2 Part 1 cl 1(5)(a)). These modifications functionally create lawful executive authorisations for conduct that would otherwise be unlawful, subject to the scope of the direction, and therefore are a direct intersection point where the Act temporarily displaces the ordinary operation of potentially conflicting statutory duties.

Preservation of acts done during the modified period. Section 6(3) provides that expiry of a provision does not affect the validity or operation of anything done in accordance with the provision before expiry. That saving clause ensures that acts or instruments executed under modified formalities remain valid in relation to other laws after the temporary modifications expire. The Act gives the example of a contract executed in accordance with modified requirements under s 16 remaining valid (s 6(3) Note).

Document formalities, company law and conveyancing. Section 16 authorises regulations suspending or modifying statutory formalities relating to documents. That interacts with other laws that prescribe execution, witnessing or stamping requirements, including the Real Property Act 1886 and the Corporations Act 2001 (Cth) where those Acts are subject to modification under the Act or their application in the State. Section 18 specifically allows service by email or fax and service in accordance with the Corporations Act for companies (s 18(e)), which interacts with company process rules and procedural requirements in other State and Commonwealth legislation.

Tribunal, licensing authorities and sector regulators. The Tribunal and licensing authorities must, where specified, have regard to COVID‑19 circumstances and are constrained in making termination orders or imposing fees where hardship obtains (s 8(1)(i) and s 10(1)(e)-(f)). That interacts with the statutory responsibilities of those bodies under their parent Acts; the Act modifies their decision‑making priorities and available remedies during the emergency.

Regulatory incorporation and evidentiary cross‑reference. Section 19(3)(c) permits regulations to apply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified person. Section 19(4)(a) requires that a copy of any incorporated document be kept available for inspection where such incorporation occurs, and s 19(4)(b) provides a means of proving the contents of those documents in legal proceedings by a Minister‑certified copy. That mechanism establishes a legal channel for cross‑referencing administrative instruments and codes within the regulatory architecture.

Parliamentary oversight; disallowance and non‑remaking. Section 21 imposes an interaction with the Subordinate Legislation Act 1978 and modifies the usual tabling arrangements by requiring regulations made under the Act to be laid before each House on the next sitting day (s 21(1)). Subsection 21(3) prevents the Governor from remaking disallowed regulations or remaking regulations of the same effect within six months unless in accordance with the disallowing House’s resolution. This provision interacts with parliamentary scrutiny mechanisms and constrains the executive’s ability to reissue disallowed subordinate legislation.

Immunity and judicial review. Section 22 provides immunity from civil or criminal liability to the Crown and persons acting in good faith in relation to acts or omissions done under the Act. That interacts with general principles of judicial review and tort liability. While the immunity may reduce the availability of civil or criminal claims for individuals or entities aggrieved by actions taken in good faith, it does not displace the standard judicial review jurisdiction to challenge unlawfulness, nor does it define "good faith." The Act does not purport to oust judicial review remedies for acts outside the statutory scope.

Temporal interaction and transitional provisions. The Act contemplates transitional regulations to address expiry effects (s 20). Those regulations may incorporate documents and may be of general or limited application (s 20(2)(a)-(c)). Section 19(5) deems regulations made for the purposes of an expired provision to be revoked on expiry (s 19(5)), and s 20(4) allows a postponement or extension effected by a revoked regulation to continue in force according to its terms if the revocation occurs before the end of the extended period.

In sum, the Act interacts with other law by layering temporary modifications and delegated regulation on top of existing statutory frameworks, authorising executive directions that may operate notwithstanding other laws while the Schedule and modifications are in force, and providing procedural and evidentiary mechanisms to support administrative integration. Practitioners must check the in‑force status of particular provisions via the legislative history and Gazette notices because many modifications were time‑limited or subsequently amended.

The Act has been amended multiple times and many of its temporary provisions were subject to explicit expiry and re‑insertion. The legislative history in the text lists the principal amending Acts, their assent dates and commencement dates, and annotates which provisions were inserted, amended, deleted or expired. The table below summarises the principal amendments recorded in the source text.

Principal Act and amending Acts (selected entries from the legislative history)

• COVID‑19 Emergency Response Act 2020 (No 7 of 2020) , assent 9 April 2020; initial commencement 9 April 2020 with ss 7-9 taken to commence 30 March 2020 (s 2).
• COVID‑19 Emergency Response (Bail) Amendment Act 2020 (No 9 of 2020) , assent 7 May 2020; commencement 7 May 2020.
• COVID‑19 Emergency Response (Further Measures) Amendment Act 2020 (No 14 of 2020) , assent 15 May 2020; commencement 15 May 2020. This Act inserted or amended parts including s 7 and s 10A and other Schedule 2 components (the legislative history notes Pt 2AA and Pt 2A insertions by s 8).
• COVID‑19 Emergency Response (Further Measures) (No 2) Amendment Act 2020 (No 23 of 2020) , assent 24 July 2020; commencement 24 July 2020.
• COVID‑19 Emergency Response (Expiry and Rent) Amendment Act 2020 (No 30 of 2020) , assent 25 September 2020; commencement 25 September 2020. This amendment altered the expiry mechanics and other provisions.
• COVID‑19 Emergency Response (Expiry) Amendment Act 2021 (No 1 of 2021) , assent 4 February 2021; commencement 4 February 2021.
• COVID‑19 Emergency Response (Expiry) (No 2) Amendment Act 2021 (No 19 of 2021) , assent 20 May 2021; commencement 20 May 2021.
• Statutes Amendment (COVID‑19 Permanent Measures) Act 2021 (No 25 of 2021) , assent 17 June 2021; Sch 1 (cll 1 & 2) had commencement 9 September 2021 (Gazette 18.8.2021 p3099). This Act made permanent certain measures and deleted or adjusted temporary provisions.
• COVID‑19 Emergency Response (Expiry) (No 3) Amendment Act 2021 (No 34 of 2021) , assent 16 September 2021; commencement 16 September 2021; other commencement notation indicates some parts commenced 2 September 2021 immediately after expiry of ss 8-10 (s 2(2) note).
• Emergency Management (Electricity Supply Emergencies) Amendment Act 2021 (No 43 of 2021) , assent 25 November 2021; commencement 25 November 2021; Sch 1 commenced 25 November 2021.

Expiry and re‑insertions

• The Act contains explicit expiry machinery. Section 6 allows the Minister to fix expiry days by Gazette notice for particular provisions of Part 2 and Schedule 2 (s 6(1)(a)-(b)); s 6(2) limits the day fixed for the purposes of s 6(1)(b) to either 28 days after all relevant COVID‑19 declarations have ceased or 1 December 2021, whichever is earlier (s 6(2)).
• The source text includes Editorial Notes stating that multiple provisions have expired. For example, the Editorial Note before Part 2 states: "Sections 8, 9, 10, 10A, 16, 18, 19, 21, 22 & 23 have expired." The Schedule 2 Editorial Note states that "The provisions of Schedule 2 have expired."
• The legislative history shows that some provisions were re‑inserted later and then expired again. For example, s 8 was inserted by s 5 of the No 34/2021 Act on 2 September 2021 and later expired on 1 December 2021 (s 6(1)(b)). The history table contains many entries indicating insertion, amendment, expiry and deletion dates for particular clauses.

Specific notable changes recorded in the legislative history

• Changes to definitions and cross‑references. Section 3's definition of "relevant declaration" was amended by 30/2020 s 3 (25 September 2020). The legislative history collates a sequence of amendments to s 6 and related expiry timings across the 2020-2021 amendments.
• Schedule 2 amendments and expiries. The Schedule underwent insertions (Pt 2AA and Pt 2A) by the No 14/2020 Act and other modifications, but many Schedule provisions were later deleted or expired by the No 25/2021 Act (9 September 2021) or earlier expiry dates noted.
• Removal of specific provisions. The legislative history records the deletion of s 17 by No 25/2021 Sch 1 cl 1 (9 September 2021), and various other clauses were omitted under the Legislation Revision and Publication Act 2002 on dates recorded in the table.

Technical and procedural insertion notes

• Several entries in the "Provisions amended" section of the legislative history include precise clause‑level amendments showing which paragraphs or subclauses were added, deleted or substituted by particular amending Acts and the effective dates of those changes. For example, Schedule 2 Part 1 cl 1(ea) to (fc) were taken to have expired under s 6 and later omitted under subsequent Acts; the legislative history annotates the precise timings.
• The text contains repeated "Editorial Note" flags indicating that portions of the Act have expired and that practitioners must consult the legislative history to know which components were in force at a particular time.

Practical import of the amendment history

• The Act was designed as a flexible, time‑limited instrument and the legislative history confirms frequent, iterative changes. Practitioners must check both the Act text and the legislative history for the operative status of the sections they rely on. The source provides a list of historical versions: 7 May 2020; 15 May 2020; 24 July 2020; 25 September 2020; 4 February 2021; 20 May 2021; 2 September 2021 (electronic only); 9 September 2021 (electronic only).
• Because many provisions were explicitly temporary and subject to Ministerial Gazette notices, the Act’s legal effects for any given date depend on whether expiry notices had been issued or later amending Acts had taken parts out or made them permanent. The legislative history identifies which clauses were ultimately made permanent by the Statutes Amendment (COVID‑19 Permanent Measures) Act 2021 (No 25/2021) and which were deleted or allowed to lapse.
• The six‑month non‑remaking rule for disallowed regulations (s 21(3)) interacts with the amendment timetable and may have constrained executive practice in the period following disallowance of particular regulations.

In short, the Act underwent multiple filings and iterations during 2020-2021. The legislative history in the source must be consulted to determine the operative status of particular provisions on any date. The Act’s structure and amendment record emphasise temporariness, delegated regulatory detail, and variable permanence of certain emergency measures.

The text provided does not include or cite any court or tribunal decisions, reported cases, or litigation outcomes arising from the Act. The legislative history section lists amendments, insertions and expiries, but does not record judicial challenges or rulings.

What the Act text does provide that is relevant to litigation risk and possible judicial challenges

• Immunity from civil and criminal liability (s 22): The Act states that no civil or criminal liability attaches to the Crown, or to any person acting in good faith, in respect of acts or omissions in connection with the exercise or discharge, or purported exercise or discharge, of a power or function under the Act. That immunity may narrow the pool of potential civil or criminal claims but does not expressly curtail judicial review of ultra vires acts or other legal challenges to the lawfulness of directions, regulations or executive acts. Section 22 is a statutory shield but does not provide a defense to all legal claims; the Act does not define "good faith." The absence of case law in the source means practitioners must look beyond the Act to how courts have interpreted similar immunities in other contexts.
• Tribunal jurisdiction and remedies (s 8(4), s 8(8)): The Tribunal has expanded remedial options under the modified tenancy provisions and original jurisdiction to resolve pandemic‑related disputes in tenancy contexts. That increases the likelihood that disputes arising under the Act would have been resolved by tribunal proceedings rather than higher court litigation, but the source records no concrete decisions.
• Regulations and parliamentary disallowance (s 21): Regulations made under the Act must be tabled and are subject to disallowance. Disallowance outcomes could have sparked or been followed by legal challenges to executive instruments; however, the source text does not include any such litigation references.
• Savings and transitional protections (s 6(3), s 20): The Act preserves the validity of acts done in accordance with a provision before expiry. Litigation over retroactivity, retrospective effect and the saving of acts is possible in theory but no instances are recorded in the materials provided.

Absence of reported litigation in the source

• The legislative history lists statutory amendments and expiries but contains no entries describing judicial decisions or appeals. The "Litigation history" heading required by the output format should therefore note that no litigation is contained or cited in the provided Act text or legislative history. Practitioners seeking to understand how courts have interpreted the Act’s provisions, the scope of immunity in s 22, the Tribunal’s exercise of new pandemic powers, or judicial oversight of regulations made under s 19, must consult external case law databases and decisions not included in this source.

Potential litigation themes that would logically arise from the Act’s content (but are not recorded in the source)

• Challenges to the lawfulness or reasonableness of delegated regulations where those regulations impose penalties or alter statutory rights, possibly via judicial review on grounds of jurisdictional error or unreasonableness. Section 19(3)(d) allows the delegation of discretion to executive actors; contentious delegations can generate litigation about unlawful delegations.
• Disputes over the definition and proof of "financial hardship" given that s 19(2)(a) authorises regulations to define the circumstances in which a person will be taken to be suffering financial hardship. Contestation could arise in tribunals concerning whether a tenant meets the regulatory definition.
• Actions challenging executive directions issued under modified provisions of the Emergency Management Act 2004 in Schedule 2 while it was in force, especially where directions purportedly required conduct contrary to other State laws (Schedule 2 Part 1 cl 1(5)(b)).
• Claims about the validity of documents executed under modified formalities pursuant to s 16, particularly where third parties dispute the binding effect of instruments executed under relaxed witnessing or attestation procedures, though s 6(3) attempts to preserve the validity of such actions.

Because no cases or litigation outcomes are included in the supplied text, this section concludes that the Act and its legislative history as provided contain no recorded litigation. Practitioners should search court and tribunal decisions, administrative decisions and published reasons to learn how the provisions were applied and interpreted in particular disputes after enactment.

This Act contains multiple technical traps and operational risks for practitioners and clients because of its temporary, delegated and sometimes broad nature. Below are the principal "gotchas" grounded in the Act text and legislative history.

Temporal uncertainty and expiry mechanics

• Variable expiry for different provisions. Section 6 permits the Minister to fix the expiry day for particular provisions of Part 2 and Schedule 2 (s 6(1)(a)-(b)), and requires the Minister to fix an overall expiry day tied to cessation of relevant COVID‑19 declarations or 1 December 2021 (s 6(2)). The legislative history shows numerous insertions, expiries and re‑insertions. Practitioners must not assume a provision remains in force; they must check the Gazette notices and the consolidated Act for the operative date. The Editorial Note in the Act warns that many of the sections "have expired". Relying on an expired provision will produce an incorrect legal advice.

Scope of "financial hardship" left to regulation

• The tenancy and facility protections depend on a person being "suffering financial hardship as a result of the COVID‑19 pandemic" (e.g. s 8(1)(b), s 10(1)(a)). Section 19(2)(a) authorises regulations to define the circumstances in which a person will be taken to be suffering such hardship. Until, and unless, clear regulations are made, parties may have uncertain thresholds and evidential standards. Tenants who rely on an informal understanding risk being unable to demonstrate hardship before the Tribunal; landlords risk enforcement action if they assume hardship does not apply. The Act therefore pushes contested factual determinations into regulations and adversarial hearings.

Delegation and discretionary decision‑making

• Regulations may delegate matters to the discretion of the Minister, State Co‑ordinator, Chief Public Health Officer or other specified persons (s 19(3)(d)). That can create fast administrative decisions but reduces predictability and may limit judicially reviewable standards where discretion is broad. Clients should note that delegations might mean eligibility for relief, exemptions or compliance routines depends on administrative practice rather than fixed statutory criteria.

Immunity for good‑faith actors

• Section 22 immunises the Crown and persons acting in good faith from civil and criminal liability in connection with acts or omissions under the Act. That reduces exposure for public servants and for private actors acting under a direction, but "good faith" is not defined. Parties injured by acts done under the Act may find civil or criminal remedies narrowed, particularly if the defendant asserts immunity; litigation over whether the immunity applies could be complex and fact‑sensitive.

Recording restrictions and tenancy databases

• Section 8(1)(r) prohibits the recording on a residential tenancies database of matters consisting of failure to pay rent where the tenant is suffering financial hardship as a result of COVID‑19, or any matter the Tribunal orders not to be recorded. Uncertainty about whether a tenant qualifies as suffering hardship, or about Tribunal orders, can lead to disputes about whether landlords may report defaults. Landlords who incorrectly report risk Tribunal orders to quash entries and potentially reputational consequences; tenants who are reported incorrectly must act quickly to obtain relief.

Document formalities and stamp duty consequences

• Section 16 authorises suspension or modification of requirements relating to preparation, signing, witnessing and stamping of documents. Parties should note that although s 6(3) saves the validity of acts done while modifications were in force, deviation from established execution practices (for example, use of electronic witnessing or relaxed attestation) may have downstream consequences for dealings under other Acts or with third parties (e.g. banks, land registries, insurers) that rely on traditional forms. Practitioners should also consider whether tax, stamp duty or federal criteria require particular formalities not subject to modification by the State, and whether those formalities have consequences beyond the State’s modified requirements.

Electronic service and evidence of receipt

• Section 18(d) treats transmission of notice by fax or email to a fax number or email address provided by the person as effective at time of transmission. That raises evidentiary issues about receipt. For email, if a recipient’s systems bounce or the message is filtered as spam, the sender must keep contemporaneous evidence of transmission. Parties should ensure that addresses used were those "provided by the person" to avoid disputes over valid service.

Regulatory offence creation and upper limits

• Section 19(2)(j)-(k) allow regulations to create fines (up to $10,000) and expiation fees (up to $5,000). Parties should treat any regulation imposing such penalties seriously, check whether parliamentary disallowance has occurred (s 21(1)-(3)), and consider administrative appeal and review rights. Because the Act does not itself define many of the substantive elements of offences, reliance on subordinate instruments introduces uncertainty.

Community visitor directions and confidentiality

• Section 10A(2) permits community visitors to direct that an appropriate area be made available to enable confidential communication during electronic visits. That interacts with privacy and data protection obligations. Facilities may face tension between facilitating electronic visits and protecting sensitive information; non‑compliance with a community visitor direction carries a maximum $5,000 penalty (s 10A(3)). Facilities must therefore balance privacy and health directions carefully and document decisions.

Exercising emergency powers contrary to other laws

• Schedule 2 modified the Emergency Management Act 2004 to allow the State Co‑ordinator or authorized officers to issue directions that may require a person to act in contravention of other State laws (Schedule 2 Part 1 cl 1(5)(b)). Even though this was temporally limited, while it was in force it authorised potentially significant legal displacements. Entities should check whether any such directions were applied to them previously and whether retrospective consequences were saved under s 6(3).

Regulation disallowance and the six‑month rule

• Section 21(3) bars remaking disallowed regulations of the same effect within six months except by the disallowing House. Where a regulation imposing substantial duties or penalties is disallowed, the executive cannot simply remake an identical instrument for six months, which can leave a regulatory gap that affects compliance and enforcement strategies.

Transitional risk at expiry

• Section 6(3) preserves acts done while a provision was in force, but expiration can produce operational frictions. For example, a tenancy arrangement modified during the emergency may create accumulated arrears or deferred obligations that crystallise when the modification ends. The Governor may make savings and transitional regulations under s 20, but those regulations may be limited in scope and time. Parties should plan for end‑of‑period transitions.

Record keeping and public reporting obligations

• Community visitors must publish monthly reports on remote visits (s 10A(5)). Failure to maintain these public records or to update them at least monthly could lead to political or administrative consequences. Likewise, regulations under s 19(2)(h) may require record keeping or reporting to Ministers; entities must track these requirements carefully to avoid inadvertent non‑compliance.

In short, the Act centralises discretion, delegates substantive detail to regulation, and overlays temporary relief and constraints on private law relationships. Practitioners should beware date‑dependence, delegation, the reliance on regulatory definitions, immunity clauses and the potential for mismatch between modified statutory formalities and other legal or commercial expectations.

Below is a practical, evidence‑based checklist drawn from the Act text to help practitioners advise clients and design compliance processes. Each item is grounded in a specific provision of the Act.

1. Verify which provisions are in force for the relevant date

   • Check Gazette notices under s 6: the Minister may fix expiries by Gazette notice (s 6(1)). The Act and legislative history indicate many provisions were time‑limited and some have expired. Confirm current in‑force status against the consolidated legislation and any Ministerial Gazette notices noted in s 6.

2. For landlords and property managers: documentary proof of hardship and immediate actions

   • Do not increase rent for a tenant who is "suffering financial hardship as a result of the COVID‑19 pandemic" (s 8(1)(b)). Because s 19(2)(a) authorises regulations to define the circumstances of hardship, obtain and retain documentary evidence (income change notices, Centrelink statements, employer statements) in case of Tribunal review.
   • Avoid termination or possession proceedings solely for non‑payment where the hardship claim exists (s 8(1)(f)-(g)). If contemplating termination, first apply Tribunal processes and consider whether the tenant has applied under s 89 of the Residential Tenancies Act as modified (s 8(1)(h)).
   • Do not record on a residential tenancies database matters that consist of non‑payment where the tenant is suffering pandemic hardship (s 8(1)(r)(i)). If a Tribunal orders a matter not to be recorded (s 8(1)(r)(ii)), comply promptly.

3. For tenants

   • If claiming hardship, collate contemporaneous evidence and, where appropriate, make a Tribunal application under s 89 as modified by s 8(1)(h). The Tribunal may make orders other than termination and must have regard to pandemic circumstances (s 8(1)(i)-(j), (k)).
   • Be aware of the Tribunal’s powers to suspend orders and modify a tenancy agreement to reduce immediate financial obligations (s 8(1)(k)(ii)-(iii)).
   • If self‑isolating because of COVID‑19, note that s 99(4) of the Residential Tenancies Act 1995 does not apply where a tenant or another person is self‑isolating (s 8(1)(p)).

4. For proprietors of supported residential facilities

   • Do not terminate resident contracts for non‑payment where the resident is suffering pandemic‑related financial hardship (s 10(1)(a)); do not increase fees or charges (s 10(1)(b)). Keep careful records showing any financial decisions, and document any acts taken that are "reasonably required to give effect" to the section or to directions (s 10(1)(i)).
   • Ensure visits and attendances comply with any directions or laws applying to such visits (s 10(1)(g)(i)). If compliance requires restricting visits, document the legal basis and any steps taken to preserve confidentiality and resident rights.

5. For community visitors and facilities hosting them

   • Where remote visits are reasonably practicable, facilitate audiovisual or other electronic visits and comply with directions to make equipment or access available (s 10A(1)-(2)).
   • Maintain a public website and update monthly the information required by s 10A(5) , number of electronic visits, premises names and locations, dates and times, reasons why electronic means were used, and reasons why electronic visits were not possible if applicable (s 10A(5)). Ensure reports identify the category of community visitor and, where necessary, are made by the Principal Community Visitor (s 10A(6)(a)-(b)).
   • Do not refuse directions without reasonable excuse; refusal attracts a maximum penalty of $5,000 (s 10A(3)). If there is a genuine legal or operational reason for non‑compliance, document it and seek advice promptly.

6. For organisations relying on document formalities

   • Monitor regulations under s 16 for permitted alternative witnessing, signing, attestation and stamping procedures. If regulations suspend formalities, record the applicable regulation and comply with any conditions attached (s 16(2)(a)-(b)). Keep contemporaneous records showing the substitute procedure to evidence validity post‑expiry (s 6(3)).
   • For transactions involving Commonwealth or interstate authorities, check whether State suspensions affect the other jurisdictions; some Commonwealth or other States’ requirements may remain unaffected.

7. For service of notices and process

   • Use email or fax service methods if the recipient has provided the relevant contact details; email or fax service is taken to be effective at time of transmission (s 18(d)). Keep proof of transmission. For companies, rely on service methods under the Corporations Act 2001 where appropriate (s 18(e)).

8. For compliance with regulations

   • Track any regulations made under s 19, especially those defining financial hardship, prescribing mitigation measures for leases, imposing record‑keeping or reporting obligations, or creating offences and fines. Regulations may be time‑limited and must be tabled before Parliament (s 21(1)); check for any disallowance history (s 21(3)).
   • Where regulations incorporate codes or standards, ensure copies are available at specified offices for public inspection if required (s 19(4)(a)). Keep Minister‑certified copies where necessary for evidentiary proof (s 19(4)(b)).

9. For entities in sectors affected by Schedule 2 modifications (while operative)

   • If involved in electricity transmission or distribution, be aware that Schedule 2 (while operative) broadened directions to market participants and allowed regulations under Part 2A to modify rules under the National Electricity Law (Schedule 2 Part 1 cl 1(fa)-(fc); Part 2A s 15B). Check whether those Schedule provisions were in force for your relevant period and whether any Governor’s regulations under s 15B were issued.
   • Where the State Co‑ordinator issued directions, ensure they were published on the designated website within 24 hours as required by Schedule 2 Part 1 cl 1(4) and that any exemptions were properly recorded if relied upon (cl 1(6)).

10. Governance, records and evidence

    • Maintain contemporaneous internal records of decisions, evidence of hardship, notices served, steps taken to facilitate electronic access, and compliance with directions or regulations. Section 19(2)(h) contemplates record‑keeping and reporting obligations; s 6(3) saves acts done before expiry, but record retention will support position in future disputes.
    • Where relying on s 22 immunity, document "good faith" steps: legal advice sought, following public health directions, reliance on official directives, and reasonable procedural steps. Immunity is fact‑sensitive and must be demonstrable.

11. Tribunal and dispute management

    • Prepare for Tribunal processes where disputes are likely. The Tribunal may suspend orders, modify agreements, reduce or waive costs associated with termination, and has original jurisdiction over these matters (s 8(4), (8), s 8(1)(j)-(k)). Early engagement with tribunal procedures and evidence gathering improves outcomes.

12. Parliamentary oversight and regulatory risk

    • Monitor tabling and disallowance of regulations (s 21). If a regulation creating an offence or imposing reporting duties has been disallowed, reassess compliance obligations immediately and seek advice on transitional steps.

In every case verify the precise status of the Act’s provisions and any subordinate regulations as at the relevant date. The Act’s legislative history indicates multiple amendments and expiries; do not assume uniform continuity of any given clause. Keep contemporaneous documentation of every discretionary exercise and administrative step, because the Act’s saving provisions protect actions taken while a modification was in force, but disputes and proof issues commonly arise months later.