COVID-19 Response and Economic Recovery Omnibus Act 2020 (Western Australia)

Mechanically, the COVID‑19 Response and Economic Recovery Omnibus Act 2020 (WA) is a time‑limited omnibus statute that (a) validates certain past administrative actions taken during the early COVID‑19 emergency response; (b) creates powers for administrative decision‑makers to extend or modify statutory authorisations and conditions during an operative period; (c) permits and validates electronic and remote processes across a range of statutes (courts, tribunals, regulatory notices, submissions and agency communications); (d) modifies specified substantive Acts (for example mental health, sentencing, evidence, planning and water laws) to allow audiovisual or audio links and to relax or reframe certain procedural requirements; and (e) delegates wide regulatory and order‑making powers, subject to publication and temporal limits. The Act expressly operates despite any other written law (s 6) and binds the Crown (s 5).

Key validation and retrospective elements include:

Validation of fee reductions, waivers and refunds made in a specified validation period (s 11). The section lists the “relevant Acts” to which the validation applies (s 11(4)).
Validation of meetings and decisions taken under a set of statutory regimes during the early pandemic (s 18), and validation of failures to comply with public‑availability requirements for documents (s 21).

Key prospective administrative flexibilities include:

During the operative period decision‑makers listed in s 29(2) may set a new expiry day (up to 12 months after the original expiry day and not later than 30 June 2025) for particular authorisations (s 29(2)(c)(i)-(iii)); the Table in s 29(2) identifies authorisations (clearing permits, licences, driver’s licences, vehicle licences, water services licences, tobacco licences, jetties, and “prescribed authorisations”) and the decision‑makers who can act.

CrestWestern Australia

COVID-19 Response and Economic Recovery Omnibus Act 2020

Western Australia

COVID-19 Response and Economic Recovery Omnibus Act 2020

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Primary purposes of Act 2
Terms used 2
Act binds Crown 3
Relationship of this Act to other written laws 3

Part 2 — Provisions of general application

Division 1 — Fees and charges

Subdivision 1 — Preliminary

Terms used 4

Subdivision 3 — Validation of reductions, waivers and refunds

Validation of reductions, waivers and refunds 4

Division 2 — Meetings

Subdivision 2 — Validation of meetings and decisions

Validation of meetings and decisions 6

Division 3 — Public availability of documents

Subdivision 2 — Validation of things done

Validation of things done 7

Division 5 — General provisions

Postponing cessation of Divisions and Subdivisions 7

Part 3 — Provisions affecting obligations or authorisations under Acts

Division 1 — Preliminary

Terms used 9

Division 2 — Authorisations generally

Decision‑maker may set new expiry day for authorisations during operative period 9
Decision‑maker may modify or remove conditions of authorisations during operative period 13
Decision‑maker may decide order no longer applies to relevant authorisation if condition of order breached 14

Division 3 — Specific provisions

Exemption from local planning scheme taken to be exemption from region planning scheme 15
Extension of certain time limits under relevant schemes 16

Division 4 — End of operative periods for provisions of Part

Postponing ending of operative periods for provisions of this Part 17
End of operative period does not affect things done during period 18
Orders cease to have effect at the end of 30 June 2025 18

Part 4 — Modification of Acts

Division 1 — Bail Act 1982 modified

Section 43A modified 19

Division 2 — Mental Health Act 2014 modified

Term used: Mental Health Infection Control Directions 19
Act modified 19
Section 48 modified 20
Section 79 modified 20
Validation of assessments and examinations 21

Division 3 — Oaths, Affidavits and Statutory Declarations Act 2005 modified

Section 9 modified 21

Division 4 — Sentencing Act 1995 modified and consequential modification

Subdivision 1 — Sentencing Act 1995 modified

Section 14 modified 22
Section 14B inserted 22

14B. Use of audio link for sentencing 22

Section 34 modified 23

Subdivision 2 — Criminal Procedure Act 2004 modified consequentially

Act modified 23
Section 77 modified 24

Division 5 — Postponing cessation of modifying provisions

Postponing cessation of modifying provisions 24

Part 5 — Acts amended: facilitating electronic transactions

Division 1 — Extending the application of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013

Administration Act 1903 amended 25

3A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 25

Coroners Act 1996 amended 25

4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 25

Courts and Tribunals (Electronic Processes Facilitation) Act 2013 amended 25
Criminal Investigation Act 2006 amended 26

5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 27

Criminal Investigation (Extra‑territorial Offences) Act 1987 amended 27

3B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 27

Criminal Investigation (Identifying People) Act 2002 amended 27

4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 27

Family Court Act 1997 amended 28

9B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 28

Juries Act 1957 amended 28

3B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 28

Sentence Administration Act 2003 amended 28

4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 28

Division 2 — Amendment of environmental and water related legislation

Subdivision 1 — Contaminated Sites Act 2003 amended

Act amended 29
Schedule 2 amended 29

Subdivision 2 — Litter Act 1979 amended

Act amended 29
Section 33 amended 29

Subdivision 3 — Rights in Water and Irrigation Act 1914 amended

Act amended 30
Section 6 amended 30
Section 26GZB amended 30
Section 26GZG amended 30
Section 26N amended 31
Section 27 amended 31
Section 66 amended 31

Subdivision 4 — Waste Avoidance and Resource Recovery Act 2007 amended

Act amended 32
Section 28 amended 32
Section 47 amended 33
Schedule 3 amended 33

Subdivision 5 — Water Agencies (Powers) Act 1984 amended

Act amended 33
Section 36 amended 34

Subdivision 6 — Water Services Act 2012 amended

Act amended 34
Section 222 amended 34

Part 6 — Acts amended: miscellaneous matters

Division 1 — Bail Act 1982 amended

Act amended 35
Various provisions amended 35

Division 2 — Constitution Acts Amendment Act 1899 amended

Act amended 35
Section 45A inserted 35

45A. Executive Council meetings 35

Division 3 — Criminal Procedure Act 2004 amended

Act amended 36
Section 21 amended 36
Section 23 amended 37
Schedule 1 clause 3 amended 37

Division 4 — Evidence Act 1906 amended

Act amended 37
Section 106K amended 37
Section 106N amended 39

Division 5 — Interpretation Act 1984 amended and consequential amendments

Subdivision 1 — Interpretation Act 1984 amended

Act amended 39
Section 3 amended 39
Section 45 amended 39

Subdivision 2 — Consequential amendments

Auction Sales Act 1973 amended 39
Debt Collectors Licensing Act 1964 amended 40
Employment Agents Act 1976 amended 40
Finance Brokers Control Act 1975 amended 40
Land Valuers Licensing Act 1978 amended 40
Motor Vehicle Dealers Act 1973 amended 40
Real Estate and Business Agents Act 1978 amended 40
Transfer of Land Act 1893 amended 40

Part 7 — Miscellaneous

Provisions about orders made under Act 41
Effect of provisions of this Act, certain regulations and orders ceasing to have effect 41
Regulations 42

Notes

Compilation table 44

Other notes 44

Defined terms

Western Australia

COVID‑19 Response and Economic Recovery Omnibus Act 2020

An Act —

to provide for the amelioration of problems and impediments arising from the emergency response to the COVID‑19 pandemic; and
to facilitate aspects of the economic recovery from the emergency response to the pandemic; and
to make related amendments to various Acts; and
to validate certain actions taken during or following the state of emergency declared in relation to the pandemic on 16 March 2020; and
for related purposes.

Part 1 — Preliminary

1. Short title

This is the COVID‑19 Response and Economic Recovery Omnibus Act 2020.

2. Commencement

This Act comes into operation as follows —

(a) Part 1 — on the day on which this Act receives the Royal Assent;

(b) the rest of the Act — on the day after that day.

3. Primary purposes of Act

The primary purposes of this Act are —

(a) to provide for the amelioration of problems in relation to compliance with statutory requirements, and of impediments to the processes of government, arising from the emergency response to the COVID‑19 pandemic; and

(b) to provide for the amelioration of problems arising from the emergency response to an outbreak, or the risk of an outbreak, of COVID‑19 in the State; and

4. Terms used

(1) In this Act —

agency has the meaning given in the Public Sector Management Act 1994 section 3(1);

authorisation includes an approval, licence or permit;

COVID emergency declaration means a declaration made under the Emergency Management Act 2005 section 56, or the Public Health Act 2016 section 167, in relation to the COVID‑19 pandemic;

non‑SES organisation has the meaning given in the Public Sector Management Act 1994 section 3(1);

portfolio Minister, in relation to an Act, means the Minister to whom the administration of the whole or a part of the Act is committed;

prescribed means prescribed by regulations under this Act.

(2) In this Act —

(a) a reference to a thing done includes a reference to a thing omitted to be done; and

(b) a reference to a requirement under an Act includes a reference to the Act providing consequences for doing or not doing a thing; and

(c) a reference to the portfolio Minister in relation to an Act is, if the administration of the Act is committed to more than 1 Minister, a reference to any of those Ministers.

5. Act binds Crown

This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

6. Relationship of this Act to other written laws

This Act has effect despite any other written law.

Part 2 — Provisions of general application

Division 1 — Fees and charges

Subdivision 1 — Preliminary

7. Terms used

In this Division —

chief employee has the meaning given in the Public Sector Management Act 1994 section 3(1);

fee includes the following —

(a) a due;

(b) an amount of Metropolitan Region Improvement Tax under the Planning and Development Act 2005 section 200;

(i) the Auction Sales Act 1973;

(ii) the Debt Collectors Licensing Act 1964;

(iii) the Employment Agents Act 1976;

(iv) the Land Valuers Licensing Act 1978;

(v) the Motor Vehicle Dealers Act 1973;

(vi) the Real Estate and Business Agents Act 1978.

[Subdivision 2 (s. 8-10) ceased to have effect at end of 31 Dec 20221.]

Subdivision 3 — Validation of reductions, waivers and refunds

11. Validation of reductions, waivers and refunds

(1) In this section —

validation period means the period —

(a) beginning on 1 April 2020; and

(b) ending on the last day of the period of 6 months beginning on the day on which this section comes into operation.

(2) Any fee or charge under a relevant Act purportedly reduced, waived or refunded during the validation period is taken to be, and to have always been, validly reduced, waived or refunded.

(3) Anything done, or purportedly done, as a result or consequence of, or in reliance on or in relation to, a reduction, waiver or refund validated under subsection (2) (a validated reduction, waiver or refund) is as valid and effective, and is taken to have always been as valid and effective, as it would have been if the validated reduction, waiver or refund had been valid at the time the thing was done or purportedly done.

(4) For the purposes of subsection (2), the relevant Acts are —

(a) the Associations Incorporation Act 2015; and

(b) the Auction Sales Act 1973; and

(d) the Co‑operatives Act 2009; and

(e) the Dangerous Goods Safety Act 2004; and

(f) the Debt Collectors Licensing Act 1964; and

(g) the Electricity Act 1945; and

(h) the Employment Agents Act 1976; and

(i) the Gas Standards Act 1972; and

(j) the Government Railways Act 1904; and

(k) the Jetties Act 1926; and

(l) the Land Valuers Licensing Act 1978; and

(m) the Limited Partnerships Act 2016; and

(n) the Mines Safety and Inspection Act 1994; and

(o) the Motor Vehicle Dealers Act 1973; and

(p) the Motor Vehicle Repairers Act 2003; and

(q) the Occupational Safety and Health Act 1984; and

(r) the Plumbers Licensing Act 1995; and

(s) the Public Transport Authority Act 2003; and

(t) the Real Estate and Business Agents Act 1978; and

(u) the Settlement Agents Act 1981; and

(v) the Shipping and Pilotage Act 1967.

Division 2 — Meetings

[Subdivision 1 (s. 12-17) ceased to have effect at end of 31 Dec 2022 1, 3.]

Subdivision 2 — Validation of meetings and decisions

18. Validation of meetings and decisions

(1) Any meeting held or purportedly held, or decision made or purportedly made, under a relevant Act during the period beginning on 16 March 2020 and ending immediately before the day on which this section comes into operation is taken to be, and to have always been, as validly held or made as it would have been if Subdivision 1, and any regulations made under that Subdivision, had been in effect at the time of the meeting or decision.

(2) Anything done, or purportedly done, as a result or consequence of, or in reliance on or in relation to, a meeting or decision validated under subsection (1) (a validated meeting or decision) is as valid and effective, and is taken to have always been as valid and effective, as it would have been if the validated meeting or decision had been valid at the time the thing was done or purportedly done.

(3) For the purposes of subsection (1), the relevant Acts are —

(a) the Aboriginal Heritage Act 1972; and

(b) the Conservation and Land Management Act 1984; and

(d) the Litter Act 1979; and

(e) the Planning and Development Act 2005; and

(f) the Rottnest Island Authority Act 1987.

Division 3 — Public availability of documents

[Subdivision 1 (s. 19-20) ceased to have effect at end of 31 Dec 2022 1.]

Subdivision 2 — Validation of things done

21. Validation of things done

A failure to comply with a public availability requirement described in section 19(1) during the period commencing on 16 March 2020 and ending immediately before the day on which this section comes into operation does not affect the validity of anything required or permitted to be done or arising in relation to or as a consequence of the public availability requirement.

[Division 4 (s. 22-26) ceased to have effect at end of 31 Dec 2022 1.]

Division 5 — General provisions

27. Postponing cessation of Divisions and Subdivisions

(1) If, under a provision of this Part, the cessation of a Division or Subdivision may be postponed, the Governor, on the recommendation of the Minister, may postpone the cessation of the Division or Subdivision until the end of a day specified in a proclamation made before the Division or Subdivision ceases.

(2) The Minister cannot make a recommendation for the purposes of subsection (1) unless satisfied that postponing the cessation of the Division or Subdivision is necessary or expedient for a purpose in section 3.

(3) The Governor may postpone the cessation of a Division or Subdivision more than once, but cannot specify a day that is after 30 June 2025.

(4) Each postponement of a Division or Subdivision cannot be for longer than 12 months beginning on the day after the most recent day at the end of which the Division or Subdivision would have ceased.

(5) The Interpretation Act 1984 section 42 applies to and in relation to a proclamation as if the proclamation were a regulation.

Part 3 — Provisions affecting obligations or authorisations under Acts

Division 1 — Preliminary

28. Terms used

In this Part —

operative period, for a provision of this Part, means the period —

(a) beginning on the day on which this section comes into operation; and

(b) ending on 31 December 2021, or a later day specified under section 34;2

region planning scheme has the meaning given in the Planning and Development Act 2005 section 4(1);

Transport CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of the Road Traffic (Administration) Act 2008.

Division 2 — Authorisations generally

29. Decision‑maker may set new expiry day for authorisations during operative period2

(1) In this section —

Environment CEO means the CEO as defined in the Environmental Protection Act 1986 section 3(1);

expire, for a relevant authorisation, includes the authorisation expiring, ceasing to have effect, lapsing or otherwise ending at the end of a period of time;

original expiry day, for a relevant authorisation, means the day on which the authorisation is to expire under the Act;

relevant authorisation means an authorisation, under an Act, listed in column 1 of the Table to subsection (2).

(2) A person (the decision‑maker) listed in column 2 of the Table opposite a relevant authorisation may specify, by order made during the operative period 2 for this section, a new day (the new expiry day) on which the authorisation expires if —

(a) the decision‑maker is satisfied that the order is necessary or expedient for a purpose in section 3(a) or (b); and

(b) the order is made before the original expiry day for the authorisation; and

(i) after the original expiry day for the authorisation; and

(ii) before the day that is 12 months after the original expiry day for the authorisation; and

(iii) before 30 June 2025.

Table

Authorisation	Decision‑maker
A clearing permit under the Environmental Protection Act 1986 Part V Division 2	The Environment CEO
A licence under the Environmental Protection Act 1986 Part V Division 3	The Environment CEO
A works approval under the Environmental Protection Act 1986	The Environment CEO
A licence under the Jetties Act 1926	The chief executive officer as defined in the Jetties Act 1926 section 3
A permit under regulations made under the Jetties Act 1926	The chief executive officer as defined in the Jetties Act 1926 section 3
A driver’s licence under the Road Traffic (Authorisation to Drive) Act 2008	The Transport CEO
A learner’s permit under the Road Traffic (Authorisation to Drive) Act 2008 Part 2 Division 2	The Transport CEO
A vehicle licence under the Road Traffic (Vehicles) Act 2012	The Transport CEO
A licence under the Tobacco Products Control Act 2006	The CEO as defined in the Health Legislation Administration Act 1984 section 3
A licence under the Water Services Act 2012 Part 2 Division 2	The Economic Regulation Authority established by the Economic Regulation Authority Act 2003 section 4
A prescribed authorisation	A prescribed person who grants a prescribed authorisation

Note for this subsection:

See section 103 for provisions about orders.

(3) An order may —

(a) apply to a relevant authorisation that has been the subject of a previous order under this section; and

(b) specify a new expiry day by —

(i) specifying a particular day; or

(ii) referring to a period of time after the original expiry day for the relevant authorisation.

Example for this subsection:

An order may specify new expiry days for a class of relevant authorisations by stating that the new expiry day for each authorisation in the class is the day that is 6 months after the original expiry day for the authorisation.

(4) A relevant authorisation the subject of an order —

(a) does not expire on the original expiry day for the authorisation; but

(b) expires at the end of the new expiry day for the authorisation under the order.

(5) However —

(a) a relevant authorisation the subject of an order may be —

(i) suspended, cancelled or otherwise ended (other than by expiring) under a written law; or

(ii) the subject of a decision under section 31 that the order no longer applies to the authorisation;

and

(b) if a person is disqualified under a written law from holding a relevant authorisation, an order under this section does not affect the disqualification.

30. Decision‑maker may modify or remove conditions of authorisations during operative period2

(1) In this section —

meter has the meaning given in the Rights in Water and Irrigation Act 1914 Schedule 1 clause 46(5);

relevant authorisation means an authorisation listed in column 1 of the Table to subsection (2).

(2) If a relevant authorisation is subject to a condition of a type listed in column 2 of the Table, a person (the decision‑maker) listed in column 3 of the Table opposite the authorisation may determine, by order made during the operative period 2 for this section, that the condition —

(a) no longer applies; or

(b) applies with the modifications set out in the order.

Table

Authorisation	Condition	Decision‑maker
A clearing licence under the Country Areas Water Supply Act 1947 section 12C	Any condition of the licence imposed under the Country Areas Water Supply Act 1947	The portfolio Minister for the Country Areas Water Supply Act 1947
A licence under the Rights in Water and Irrigation Act 1914 section 5C	A condition about meters imposed on the licence by regulations made under the Rights in Water and Irrigation Act 1914	The portfolio Minister for the Rights in Water and Irrigation Act 1914
A prescribed authorisation	A prescribed class of conditions in relation to the prescribed authorisation	A prescribed person who grants the prescribed authorisation

Note for this subsection:

See section 103 for provisions about orders.

(3) The decision‑maker cannot make the order unless satisfied that the order is necessary or expedient for a purpose in section 3(a) or (b).

(4) An order may apply to a relevant authorisation that has been the subject of a previous order under this section.

(5) An order ceases to have effect at the end of —

(a) the 1st anniversary of the day on which the order comes into operation; or

(b) if an earlier day is specified in the order — that day.

(6) Subject to section 31, during the period an order is in effect a person is taken to have satisfied a condition of a relevant authorisation the subject of the order if, under the order, the condition —

(a) no longer applies to the authorisation; or

(b) applies with modifications and the modified condition is satisfied.

31. Decision‑maker may decide order no longer applies to relevant authorisation if condition of order breached

(1) If a condition of an order made under section 29 or 30 is not satisfied in relation to a relevant authorisation, the decision‑maker for the relevant authorisation may decide that the order no longer applies to the authorisation.

(2) Before making a decision under subsection (1), the decision‑maker must —

(a) give the holder of the relevant authorisation a written notice stating that —

(i) a condition of the order has not been satisfied in relation to the relevant authorisation; and

(ii) because the condition of the order has not been satisfied, the decision‑maker may make a decision under subsection (1); and

(iii) the holder may make a written submission about the decision during a period (of not less than 28 days from the day on which the notice is received by the holder) stated in the notice;

and

(b) consider any submissions received under paragraph (a)(iii).

(3) After making a decision under subsection (1), the decision‑maker must give the holder of the relevant authorisation a written notice setting out —

(a) the decision; and

(b) if the decision is that the order no longer applies to the relevant authorisation — the reasons for the decision.

Division 3 — Specific provisions

32. Exemption from local planning scheme taken to be exemption from region planning scheme

(1) In this section —

clause 78H notice means a notice made under the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 78H(1) or (6).

(2) This section applies if —

(a) a person does something (whether before or after the day on which this section comes into operation) pursuant to an exemption from a planning requirement in a clause 78H notice in force when the thing is done; and

(b) the thing done contravenes a requirement or provision of a region planning scheme.

(3) Despite the requirement or provision of the region planning scheme, the thing done is, and is taken to always have been, done pursuant to an exemption from the requirement or provision.

33. Extension of certain time limits under relevant schemes

(1) In this section —

development approval means an approval granted under a relevant scheme;

relevant scheme means an improvement scheme as defined in the Planning and Development Act 2005 section 4(1) or a region planning scheme.

(2) This section applies to a development approval that —

(a) is valid on 8 April 2020; or

(b) is granted on or after 8 April 2020 if, at the time it is granted, a COVID emergency declaration is in effect.

(3) Despite anything provided in a development approval or in the relevant scheme under which it is granted, the development approval —

(a) remains valid until the day which is 2 years after the day on which, but for this section, it would have ceased to be valid; and

(b) lapses if the development has not been substantially commenced before that day.

(4) A development which has been substantially commenced by the day provided by subsection (3)(a) is taken to have been substantially commenced within the time required under the development approval and the relevant scheme under which it is granted.

(5) This section does not prevent the time until which a development approval remains valid or the time within which a development is required to be substantially commenced from being varied by an amendment to the development approval made under the Planning and Development Act 2005.

Division 4 — End of operative periods for provisions of Part

34. Postponing ending of operative periods for provisions of this Part

(1) The Governor, on the recommendation of the Minister, may, by proclamation made before the operative period for a provision of this Part ends, postpone the end of the operative period until a day specified for the provision in the proclamation.

(2) The Minister cannot make a recommendation for the purposes of subsection (1) unless satisfied that postponing the end of the operative period for a provision is necessary or expedient for a purpose in section 3.

(3) The Governor may postpone the end of an operative period more than once, but cannot specify a day that is after 30 June 2025.

(4) Each postponement of the operative period for a provision cannot be for longer than 12 months beginning on the day after the most recent day on which the operative period would have ended.

(5) The Interpretation Act 1984 section 42 applies to and in relation to a proclamation as if the proclamation were a regulation.

35. End of operative period does not affect things done during period

The ending of the operative period for a provision of this Part does not affect anything done during the operative period in reliance on the provision.

36. Orders cease to have effect at the end of 30 June 2025

An order made under this Part that has not ceased to have effect on or before 30 June 2025 ceases to have effect at the end of that day.

Part 4 — Modification of Acts

Division 1 — Bail Act 1982 modified

[37. Ceased to have effect at end of 31 Dec 2022 1.]

38. Section 43A modified

Delete section 43A(2) and insert:

(2) This section applies if —

(a) a proposed surety is in another State or a Territory; or

(b) it is impracticable for the proposed surety to enter into a surety undertaking in person before a relevant official.

Division 2 — Mental Health Act 2014 modified

39. Term used: Mental Health Infection Control Directions

For the purposes of this Division —

Mental Health Infection Control Directions means the directions, referred to as the Mental Health Infection Control Directions —

(a) made under the Public Health Act 2016 sections 157 and 190 on 6 April 2020; and

(b) that provide for infection control measures, relating to the COVID‑19 pandemic, to be followed when conducting assessments and examinations under the Mental Health Act 2014.

40. Act modified

(1) The Mental Health Act 2014 applies as if modified as set out in this Division.

(2) Subsection (1) has effect while the Mental Health Infection Control Directions, or any replacement directions, have effect.

41. Section 48 modified

After section 48(4) insert:

(5) Despite any other provision of this section, an assessment may be conducted using audiovisual communication if the practitioner is satisfied that it is necessary or expedient to do so to comply with the requirements of the Mental Health Infection Control Directions or any replacement directions.

42. Section 79 modified

(1) Delete section 79(3)(c) and insert:

(i) are in one another’s physical presence; or

(ii) if that is not practicable — are able to hear one another without using a communication device (for example, by being able to hear one another through a door).

(2) After section 79(6) insert:

(7) Despite any other provision of this section, an examination may be conducted using audiovisual communication if the psychiatrist or practitioner is satisfied that it is necessary or expedient to do so to comply with the requirements of the Mental Health Infection Control Directions or any replacement directions.

43. Validation of assessments and examinations

(1) This section applies to an assessment or examination under the Mental Health Act 2014 Part 6 Division 2 or 3 conducted —

(a) using audiovisual communication; and

(b) on or after 7 April 2020 (the day on which the Mental Health Infection Control Directions commenced to have effect) and before the day on which this section comes into operation.

(2) The assessment or examination, and any referral or order made as a result, is as valid and effective, and is to be taken to have always been as valid and effective, as it would have been if —

(a) the modifications set out in this Division had been in effect at the time of the assessment or examination; and

(b) the psychiatrist or practitioner had been satisfied as described in those modifications.

Division 3 — Oaths, Affidavits and Statutory Declarations Act 2005 modified

[44. Ceased to have effect at end of 31 Dec 2022 1.]

45. Section 9 modified

Before section 9(6)(a) insert:

(aa) if the affidavit is made at the time a COVID emergency declaration as defined in the COVID‑19 Response and Economic Recovery Omnibus Act 2020 section 4(1) is in effect — a person prescribed by the regulations for the purpose of this paragraph;

Division 4 — Sentencing Act 1995 modified and consequential modification

Subdivision 1 — Sentencing Act 1995 modified

[46. Ceased to have effect at end of 31 Dec 2022 1.]

47. Section 14 modified

In section 14(1) delete “section 14A.” and insert:

section 14A or audio link under section 14B.

48. Section 14B inserted

After section 14A insert:

14B. Use of audio link for sentencing

(1) In this section —

audio link means facilities, including telephones, that enable, at the same time, a court at one place to hear a person at another place and vice versa;

non‑custodial sentence means a sentence imposed under Part 7, 8, 8A, 9 or 10;

video link has the meaning given in section 14A(4).

(2) A court sentencing an offender may, on an application by the offender, direct that the offender appear before it by audio link from a place in this State.

(3) The court must not make a direction under subsection (2) unless all of the following circumstances apply —

(a) the offender has been convicted of an offence on a plea of guilty;

(b) the court proposes to impose a non‑custodial sentence on the offender in respect of the offence;

(i) the audio link is available or can reasonably be made available; and

(ii) the direction is in the interests of justice.

(4) The place where an offender attends for sentencing by audio link is taken to be part of the court for the purposes of the sentencing.

(5) An audio link must not be used under this section if a video link is available or can reasonably be made available.

49. Section 34 modified

In section 34(1) delete “section 14A,” and insert:

section 14A or audio link under section 14B,

Subdivision 2 — Criminal Procedure Act 2004 modified consequentially

50. Act modified

(1) The Criminal Procedure Act 2004 applies as if modified as set out in this Subdivision.

(2) Subsection (1) ceases to have effect when section 46(1) ceases to have effect.

51. Section 77 modified

In section 77(7) delete “section 14A.” and insert:

section 14A or 14B.

Division 5 — Postponing cessation of modifying provisions

52. Postponing cessation of modifying provisions

(1) If, under this Part, the cessation of a provision that provides for the modification of an Act may be postponed, the Governor, on the recommendation of the portfolio Minister, may postpone the cessation of the provision to a day specified in a proclamation made before the provision ceases.

(2) The portfolio Minister cannot make a recommendation for the purposes of subsection (1) unless satisfied that postponing the cessation of the provision is necessary or expedient for a purpose in section 3.

(3) The Governor may postpone the cessation of a provision more than once, but cannot specify a day that is after 30 June 2025.

(4) Each postponement of the cessation of a provision cannot be for longer than 12 months beginning on the day after the most recent day at the end of which the provision would have ceased.

(5) The Interpretation Act 1984 section 42 applies to and in relation to a proclamation as if the proclamation were a regulation.

Part 5 — Acts amended: facilitating electronic transactions

Division 1 — Extending the application of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013

53. Administration Act 1903 amended

(1) This section amends the Administration Act 1903.

(2) At the end of Part 1 insert:

3A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

54. Coroners Act 1996 amended

(1) This section amends the Coroners Act 1996.

(2) At the end of Part 1 insert:

4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

55. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 amended

(1) This section amends the Courts and Tribunals (Electronic Processes Facilitation) Act 2013.

(2) In section 6(1):

(a) before paragraph (a) insert:

(aa) the Administration Act 1903;

(b) after paragraph (c) insert:

(ca) the Coroners Act 1996;

(ea) the Criminal Investigation Act 2006;

(eb) the Criminal Investigation (Extra‑territorial Offences) Act 1987;

(ec) the Criminal Investigation (Identifying People) Act 2002;

(d) after paragraph (j) insert:

(ja) the Family Court Act 1997;

(e) after paragraph (k) insert:

(ka) the Juries Act 1957;

(f) after paragraph (n) insert:

(na) the Sentence Administration Act 2003;

56. Criminal Investigation Act 2006 amended

(1) This section amends the Criminal Investigation Act 2006.

(2) After section 5 insert:

5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

57. Criminal Investigation (Extra‑territorial Offences) Act 1987 amended

(1) This section amends the Criminal Investigation (Extra‑territorial Offences) Act 1987.

(2) At the end of Part 1 insert:

3B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

58. Criminal Investigation (Identifying People) Act 2002 amended

(1) This section amends the Criminal Investigation (Identifying People) Act 2002.

(2) After section 4 insert:

4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

59. Family Court Act 1997 amended

(1) This section amends the Family Court Act 1997.

(2) At the end of Part 1 insert:

9B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

60. Juries Act 1957 amended

(1) This section amends the Juries Act 1957.

(2) At the end of Part 1 insert:

3B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

61. Sentence Administration Act 2003 amended

(1) This section amends the Sentence Administration Act 2003.

(2) At the end of Part 1 insert:

4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

Division 2 — Amendment of environmental and water related legislation

Subdivision 1 — Contaminated Sites Act 2003 amended

62. Act amended

This Subdivision amends the Contaminated Sites Act 2003.

63. Schedule 2 amended

After Schedule 2 item 1 insert:

1A. Providing for notices, reports, approvals or other documents to be given, sent or served under this Act by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) and providing for the proof of that giving, sending or service.

Subdivision 2 — Litter Act 1979 amended

64. Act amended

This Subdivision amends the Litter Act 1979.

65. Section 33 amended

Before section 33(2)(a) insert:

(aa) providing for notices or other documents to be given, sent or served under this Act by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) and providing for the proof of that giving, sending or service; and

Subdivision 3 — Rights in Water and Irrigation Act 1914 amended

66. Act amended

This Subdivision amends the Rights in Water and Irrigation Act 1914.

67. Section 6 amended

Delete section 6(6)(b)(iii) and insert:

(iii) indicating how submissions may be provided.

68. Section 26GZB amended

Delete section 26GZB(b) and insert:

(b) by giving them to the Minister, in a manner designated by the Minister, and so that they are received within that period.

69. Section 26GZG amended

Delete section 26GZG(4)(b) and insert:

(b) by giving them to the Minister, in a manner designated by the Minister, and so that they are received within that period.

70. Section 26N amended

Delete section 26N(3)(b)(iii) and insert:

(iii) indicating how submissions may be provided.

71. Section 27 amended

After section 27(1)(f) insert:

(fa) giving, sending or serving by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) notices or other documents to be given, sent or served under this Act and how that giving, sending or service may be proven; and

72. Section 66 amended

(1) In section 66(1):

(a) in paragraph (c) delete “abode.” and insert:

abode;

(b) after paragraph (c) insert:

(d) by sending the same by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) in the manner provided for in the regulations.

(2) In section 66(4) delete the passage that begins with “partnership, by” and ends with “State.” and insert:

partnership by —

(a) being delivered to, left at, or posted in a prepaid letter to the registered office or principal place of business in the State of the corporation, company, or partnership; or

(b) being sent by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) in the manner provided for in the regulations.

Subdivision 4 — Waste Avoidance and Resource Recovery Act 2007 amended

73. Act amended

This Subdivision amends the Waste Avoidance and Resource Recovery Act 2007.

74. Section 28 amended

Delete section 28(b) and insert:

(b) by —

(i) delivering or posting them so that they are received within that period at the offices of the Waste Authority; or

(ii) sending them by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) in the manner provided for in the regulations so that they are received by the Waste Authority within that period.

75. Section 47 amended

Delete section 47(4)(b) and insert:

(b) by —

(i) delivering or posting them so that they are received within that period at the offices of the Waste Authority; or

76. Schedule 3 amended

After Schedule 3 item 2 insert:

2A. Without limiting item 1 or 2, providing for notices, directions or other documents to be given, sent or served under this Act by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) and providing for the proof of that giving, sending or service.

Subdivision 5 — Water Agencies (Powers) Act 1984 amended

77. Act amended

This Subdivision amends the Water Agencies (Powers) Act 1984.

78. Section 36 amended

In section 36(4):

(a) in paragraph (e) delete “verified.” and insert:

verified; and

(b) after paragraph (e) insert:

(f) without limiting paragraph (e), may provide for notices to be given, sent or served under this Act by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) and for the proof of that giving, sending or service.

Subdivision 6 — Water Services Act 2012 amended

79. Act amended

This Subdivision amends the Water Services Act 2012.

80. Section 222 amended

After section 222(2)(j) insert:

(ja) without limiting paragraph (j), provide for notices and other instruments and documents to be given, sent or served under this Act by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) and providing for the proof of that giving, sending or service;

Part 6 — Acts amended: miscellaneous matters

Division 1 — Bail Act 1982 amended

81. Act amended

This Division amends the Bail Act 1982.

82. Various provisions amended

Amend the provisions listed in the Table as set out in the Table.

Table

Provision	Delete
s. 13B(1)(c)	in urgent cases or with the accused’s consent,
s. 32(1)(c)	in urgent cases or with the accused’s consent,
s. 45(1)(c)(ii)	in urgent cases or with the surety’s consent,

Division 2 — Constitution Acts Amendment Act 1899 amended

83. Act amended

This Division amends the Constitution Acts Amendment Act 1899.

84. Section 45A inserted

At the end of Part II insert:

45A. Executive Council meetings

(1) In this section —

remote communication, in relation to a meeting, means any technology that enables all the persons taking part in the meeting to communicate with each other at the same time in a reasonably continuous way.

(2) A meeting of the Executive Council may be held —

(a) in person; or

(b) using remote communication; or

(3) A person (including the Governor or any member who is presiding) who participates in a meeting of the Executive Council using remote communication is taken to be present at the meeting.

(4) This section applies despite anything in any Letters Patent relating to the office of Governor.

Division 3 — Criminal Procedure Act 2004 amended

85. Act amended

This Division amends the Criminal Procedure Act 2004.

86. Section 21 amended

Delete section 21(3) and insert:

(3) A prosecution is commenced on the day on which a prosecution notice, signed in accordance with section 23, is lodged with the court in which the prosecution is being commenced, whether or not the notice has been served on the accused.

87. Section 23 amended

(1) In section 23(2)(d) delete “in accordance with subsection (3) and, if necessary, subsection (4).” and insert:

by the person who is commencing the prosecution.

(2) Delete section 23(3), (4) and (5).

88. Schedule 1 clause 3 amended

In Schedule 1 clause 3(2) delete “section 23(3).” and insert:

section 23.

Division 4 — Evidence Act 1906 amended

89. Act amended

This Division amends the Evidence Act 1906.

90. Section 106K amended

(1) Delete section 106K(3)(a) and insert:

(a) the accused must not be in the same room as the affected child when the child’s evidence is being taken but must be able to —

(i) observe the proceedings by means of a closed circuit television system and at all times have the means of communicating with the accused’s counsel; or

(ii) in accordance with subsection (3A), listen to the proceedings by means of an audio link and at all times have the means of communicating with the accused’s counsel;

and

(2) After section 106K(3) insert:

(3A) Subsection (3)(a)(ii) applies to the accused if, in the opinion of the judge, it is not desirable for the accused to attend court due to the accused’s health or another reason the judge thinks fit.

(3B) If the accused hears the proceedings by means of an audio link under subsection (3)(a)(ii), the accused must be provided with a reasonable opportunity to view a copy of the visually recorded evidence before the evidence is presented to the court.

(3) After section 106K(4) insert:

(4A) A person must not make a copy of, or otherwise reproduce, the proceedings, or any part of the proceedings, heard by means of an audio link under subsection (3)(a)(ii).

Penalty for this subsection: a fine of $5 000.

(4B) A person must not play, supply or offer to supply any copy of, or reproduction of, the proceedings, or any part of the proceedings, heard by means of an audio link under subsection (3)(a)(ii).

Penalty for this subsection: a fine of $5 000.

(4C) A person must not broadcast the proceedings, or any part of the proceedings, heard by means of an audio link under subsection (3)(a)(ii).

Penalty for this subsection: imprisonment for 1 year and a fine of $100 000.

91. Section 106N amended

In section 106N(2)(a) delete “outside the courtroom but within the court precincts,” and insert:

at a place, other than the courtroom, that is approved by the court,

Division 5 — Interpretation Act 1984 amended and consequential amendments

Subdivision 1 — Interpretation Act 1984 amended

92. Act amended

This Subdivision amends the Interpretation Act 1984.

93. Section 3 amended

In section 3(3) delete “45,”.

94. Section 45 amended

Delete section 45(3).

Subdivision 2 — Consequential amendments

95. Auction Sales Act 1973 amended

(1) This section amends the Auction Sales Act 1973.

(2) Delete section 37(2).

96. Debt Collectors Licensing Act 1964 amended

(1) This section amends the Debt Collectors Licensing Act 1964.

(2) Delete section 26(2).

97. Employment Agents Act 1976 amended

(1) This section amends the Employment Agents Act 1976.

(2) Delete section 52(4).

98. Finance Brokers Control Act 1975 amended

(1) This section amends the Finance Brokers Control Act 1975.

(2) Delete section 95(3).

99. Land Valuers Licensing Act 1978 amended

(1) This section amends the Land Valuers Licensing Act 1978.

(2) Delete section 36(3).

100. Motor Vehicle Dealers Act 1973 amended

(1) This section amends the Motor Vehicle Dealers Act 1973.

(2) Delete section 56(3).

101. Real Estate and Business Agents Act 1978 amended

(1) This section amends the Real Estate and Business Agents Act 1978.

(2) Delete section 145(3).

102. Transfer of Land Act 1893 amended

(1) This section amends the Transfer of Land Act 1893.

(2) Delete section 181(3).

Part 7 — Miscellaneous

103. Provisions about orders made under Act

(1) This section applies to an order made under this Act.

Note for this subsection:

Orders may be made under sections 8, 9, 29 and 30.

(2) The order is subsidiary legislation for the purposes of the Interpretation Act 1984.

(3) The Interpretation Act 1984 section 43(1) and (6) do not apply to the order, however, the order must not be inconsistent with this Act.

(4) The order must, while in effect, be published on a website maintained by, or on behalf of —

(a) the person who made the order; or

(b) if there is no website maintained by, or on behalf of, that person — the agency or non‑SES organisation principally assisting in the administration of the Act in relation to which the order is made.

(5) A failure to comply with subsection (4) does not affect the validity of the order.

104. Effect of provisions of this Act, certain regulations and orders ceasing to have effect

When a provision of this Act or an order made under this Act, ceases to have effect, the Interpretation Act 1984 section 37 applies as if the provision, regulation or order had been repealed.

105. Regulations

(1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for giving effect to the purposes of this Act.

(2) The regulations may deal with all matters of a savings or transitional nature arising as a result of —

(a) a provision of this Act ceasing to have effect; or

(b) an order made under this Act ceasing to have effect.

(3) Regulations made for the purposes of subsection (2) may —

(a) have effect despite any other written law; or

(b) provide that a specified provision of another written law does not apply, or applies with specified modifications, to or in relation to a matter.

(4) If regulations made for the purposes of subsection (2) provide that a specified state of affairs is taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations come into operation (but not earlier than the day on which the relevant provision or order ceased to have effect), the regulations have effect according to their terms.

(5) If regulations made for the purposes of subsection (2) contain a provision referred to in subsection (4), the provision does not operate so as to —

(a) affect, in a manner prejudicial to any person (other than the State or a public authority), rights of that person existing before the day on which the regulations come into operation; or

(b) impose liabilities on any person (other than the State or a public authority) in respect of anything done or omitted to be done before the day on which the regulations come into operation.

(6) Regulations made for the purposes of subsection (2) must be made within a period that is reasonably and practicably necessary to deal with the savings or transitional matter, and cannot be made after 30 June 2025.

(7) Regulations made for the purposes of subsection (2) are additional to any relevant provisions of the Interpretation Act 1984.

(8) In subsection (5) —

public authority means —

(a) a Minister of the State; or

(b) an agency, authority or instrumentality of the State; or

(c) a body, whether incorporated or not, that is established or continued for a public purpose by or under a written law; or

(d) a local government or regional local government.

View image in the official source

Notes

This is a compilation of the COVID-19 Response and Economic Recovery Omnibus Act 2020 3. For provisions that have come into operation see the compilation table.

Compilation table

Short title	Number and year	Assent	Commencement
COVID-19 Response and Economic Recovery Omnibus Act 2020	34 of 2020	11 Sep 2020	Pt. 1: 11 Sep 2020 (see s. 2(a)); Act other than Pt. 1: 12 Sep 2020 (see s. 2(b))

Other notes

1 The COVID-19 Response and Economic Recovery Omnibus Act 2020 Postponement Proclamation 2021 (SL 2021/196) cl. 2 postponed the cessation of Pt. 2 Div. 1 Subdiv. 2, Pt. 2 Div. 2 Subdiv. 1, Pt. 2 Div. 3 Subdiv. 1, Pt. 2 Div. 4 and sections 37(1), 44(1) and 46(1) until the end of 31 December 2022.

2 The COVID-19 Response and Economic Recovery Omnibus Act 2020 Postponement Proclamation 2021 (SL 2021/196) cl. 3 postponed the end of the operative periods for sections 29 and 30 until the end of 31 December 2022.

3 The amendment in the Aboriginal Cultural Heritage Act 2021 s. 347(2) is not included because the provision it sought to amend ceased to have effect before the amendment purported to come into operation.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

agency 4(1)

authorisation 4(1)

chief employee 7

clause 78H notice 32(1)

COVID emergency declaration 4(1)

decision-maker 29(2), 30(2)

development approval 33(1)

Environment CEO 29(1)

expire 29(1)

fee 7

Mental Health Infection Control Directions 39

meter 30(1)

new expiry day 29(2)

non-SES organisation 4(1)

operative period 28

original expiry day 28(1)

portfolio Minister 3(1)

prescribed 4(1)

public authority 105(8)

region planning scheme 28

relevant authorisation 29(1), 30(1)

relevant scheme 33(1)

Transport CEO 28

validated meeting or decision 18(2)

validated reduction, waiver or refund 11(3)

validation period 11(1)

Western Australia

COVID-19 Response and Economic Recovery Omnibus Act 2020

Western Australia

COVID-19 Response and Economic Recovery Omnibus Act 2020

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Primary purposes of Act 2
Terms used 2
Act binds Crown 3
Relationship of this Act to other written laws 3

Part 2 — Provisions of general application

Division 1 — Fees and charges

Subdivision 1 — Preliminary

Terms used 4

Subdivision 3 — Validation of reductions, waivers and refunds

Validation of reductions, waivers and refunds 4

Division 2 — Meetings

Subdivision 2 — Validation of meetings and decisions

Validation of meetings and decisions 6

Division 3 — Public availability of documents

Subdivision 2 — Validation of things done

Validation of things done 7

Division 5 — General provisions

Postponing cessation of Divisions and Subdivisions 7

Part 3 — Provisions affecting obligations or authorisations under Acts

Division 1 — Preliminary

Terms used 9

Division 2 — Authorisations generally

Decision‑maker may set new expiry day for authorisations during operative period 9
Decision‑maker may modify or remove conditions of authorisations during operative period 13
Decision‑maker may decide order no longer applies to relevant authorisation if condition of order breached 14

Division 3 — Specific provisions

Exemption from local planning scheme taken to be exemption from region planning scheme 15
Extension of certain time limits under relevant schemes 16

Division 4 — End of operative periods for provisions of Part

This Act organises its effects around several core legal mechanisms: validation, temporal modification, delegated orders, electronic facilitation, and specific statutory amendments.

Validation

Validation recognises and retroactively legalises certain acts and omissions that occurred during the COVID emergency response, making them "taken to have always been valid" (s 11(2)-(3), s 18(1)-(2), s 21). The Act specifies the scope of each validation: fee waivers/reductions for enumerated Acts (s 11(4)); meetings and decisions under a particular list of Acts (s 18(3)); and failures to meet public availability requirements (s 21). Each validation provision defines a temporal boundary for the covered acts (for example, the validation period for fees is defined in s 11(1)).

Temporal modification of statutory rights and authorisations

Authorisation expiry and condition modification powers operate during a defined “operative period” (s 28). Section 29 authorises specified decision‑makers to set a new expiry day (up to 12 months beyond the original expiry, and not past 30 June 2025) for a named set of authorisations, if satisfied that doing so is "necessary or expedient" for purposes in s 3(a) or (b) (ameliorating compliance and impediments arising from the emergency) (s 29(2)(a),(c)). Section 30 allows certain decision‑makers to modify or remove specified kinds of licence conditions for named authorisations, again subject to a "necessary or expedient" test (s 30(3)) and a one‑year maximum duration (s 30(5)).

Orders and subsidiary legislation

Orders made under s 29 and s 30 (and other sections noted in s 103) are expressly subsidiary legislation (s 103(2)), but the Act abrogates particular Interpretation Act constraints (s 103(3) excludes s 43(1) and (6) of the Interpretation Act 1984) and imposes a publication requirement (s 103(4)-(5)). The Act provides flexibility for orders to be broad (for classes of authorisations) and iterative (orders can apply to authorisations previously subject to orders) (s 29(3), s 30(4)).

Electronic and remote processes

The Act expands the reach of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 to multiple Acts (s 53-61), thereby standardising and enabling electronic procedures in courts and tribunals. It also amends a host of environmental, water and waste statutes to permit notices, submissions and documents to be given by electronic communication and to prescribe proof mechanisms (s 63, 65, 71, 74, 75, 78, 80). The Act inserts remote‑communication provisions into constitutional practice for Executive Council meetings (s 84).

Strict but limited remote access in criminal justice contexts

The Act modifies sentencing and evidence procedures to allow audio and audiovisual links in constrained circumstances (ss 47-51, 90). Safeguards include judicial satisfaction tests (audio link only if video link not reasonably available; in interests of justice; or judge's opinion that physical attendance is undesirable) (s 48(3), s 90(3A)), and penalties for unauthorised reproduction or broadcast of audio stages of proceedings (s 90(4A)-(4C)).

Sunset, postponement and transitional machinery

Many provisions are time‑limited. The Act contemplates postponement of cessations and operative periods by proclamation on ministerial recommendation (s 27, s 34, s 52), but with a common outer bound of 30 June 2025 (s 27(3), s 34(3), s 52(3)). The regulations power in s 105 allows retrospective savings and transitional rules to be prescribed in limited circumstances; such regulations cannot be made after 30 June 2025 (s 105(6)), and must not adversely affect private persons' existing rights (s 105(5)).

Interlocking definitions and lists

The scheme relies on tightly defined terms: "validation period" (s 11(1)), "operative period" (s 28), "relevant authorisation" and "decision‑maker" linked to statutory Tables (s 29(2), s 30(2)), and enumerated lists of Acts for validation (s 11(4), s 18(3)). This structure channels the Act’s broad powers into concrete statutory lines while enabling orders and regulations to fill procedural detail.

In short, the Act is an instrument for retroactive legal certainty and for temporary administrative flexibility to defer or alter compliance with statutory time limits and conditions, combined with a statutory thrust towards digitisation and remote administration, all constrained by temporal limits and certain procedural safeguards.

The Act affects a broad range of actors across government, regulated entities, private parties and the courts. Identifying who pays, who decides, and who must change behaviour is central to compliance analysis.

Who decides

Decision‑makers under ss 29 and 30: named statutory officials or bodies in the Tables (for example the Environment CEO, Transport CEO, the Economic Regulation Authority, and various portfolio Ministers) are empowered to make orders setting new expiry days or modifying licence conditions (s 29(2) Table; s 30(2) Table). These decision‑makers exercise discretion, subject to the statutory test (s 29(2)(a); s 30(3)).
The Governor (on Ministerial recommendation) decides whether to postpone cessations or operative periods via proclamation, within the 30 June 2025 outer limit (s 27(1)-(4); s 34(1)-(4); s 52(1)-(4)).
Courts and judges retain judicial gatekeeping for remote participation in sensitive contexts. For example, sentencing by audio link requires judicial satisfaction and that the direction is in the interests of justice (s 48(3)); a judge decides whether audio link attendance for an accused is appropriate in child evidence contexts (s 90(3A)).

Who pays and bears costs

Regulated persons holding licences, permits or approvals listed in s 29 and s 30 are directly affected. If a decision‑maker extends expiry dates, holders may avoid the immediate cost and administrative burden of renewal. Conversely, if a decision‑maker modifies conditions (including bringing in relaxed compliance), third parties or environmental interests may bear risk flows from prolonged non‑compliance with the original conditions (s 30).
Government agencies and decision‑makers incur administrative costs in making orders, publishing them (s 103(4)), and in running electronic systems for receiving submissions and serving notices under amended Acts (e.g. s 71, s 74, s 78, s 80).
Courts and legal practitioners must adapt to audio/video links for hearings, sentencing and evidence, and implement safeguards against unauthorised reproduction (s 90(4A)-(4C)). Technical, confidentiality and evidentiary costs fall on parties and courts.
Private third parties with interests in development, environment or planning decisions may experience either reduced transaction costs (if approvals are preserved by extended time limits s 33) or increased uncertainty (where condition modifications are permitted s 30).

Behavioural changes compelled or enabled

Licence holders may delay renewal actions, capital investment tied to licence conditions, or defer procedural compliance where orders extend expiry (s 29).
Regulated entities and the public will increasingly rely on electronic communication for notices and submissions where Acts are amended to permit that mode (e.g. Rights in Water and Irrigation Act amendments s 71, Water Services Act s 80). This imposes an operational requirement to ensure reliable electronic channels.
Courts and parties may shift to remote appearances for sentencing or other processes where statutory tests are met (ss 14B inserted at s 48; Evidence Act s 90).

Concentrated vs diffuse impacts

Concentrated benefits: licence holders in the enumerated categories (water, transport, environmental approvals, tobacco licences, jetties, vehicle licences) stand to gain directly from extensions or eased conditions, which can carry commercial value through avoided renewal costs or deferred compliance expenditures (s 29, s 30).
Diffuse costs: the public or environmental beneficiaries of original conditions or time limits may face diluted protections if conditions are modified or expiry dates are extended, but the Act provides procedural checks (e.g. s 31 requires notice and 28‑day submissions before a decision that an order no longer applies).

Regulatory agencies and local government

Agencies that administer the amended Acts (environmental, water, planning, waste) must update processes to accept electronic communications and design proof mechanisms (s 63, s 65, s 71, s 74, s 75, s 78, s 80). Local governments involved in planning approvals are affected by s 32 (clause 78H exemptions taken to apply to region planning schemes) and s 33 (extension of development approvals).

In sum, the Act centrally affects licence and approval holders in enumerated domains, various government decision‑makers and agencies, courts and practitioners adopting remote procedures, and third parties with interests protected by original statutory conditions or time limits. The statutory architecture shifts costs between these groups: some private holders experience reduced immediate costs; agencies incur operational costs to facilitate electronic processes; and public or environmental interests confront potential prolongation of lesser protective measures unless countervailing administrative decisions are taken.

The Act creates new administrative powers, modifies duties under other Acts, and preserves rights in defined ways. Below are the principal duties placed on decision‑makers, agencies and recipients, and the rights or protections preserved for affected persons.

Duties of decision‑makers (ss 29-31; s 30(3), s 31)

Statutory decision‑makers listed in the Tables (s 29(2) and s 30(2)) are empowered, but not required, to make orders. They must be satisfied that an order is "necessary or expedient for a purpose in section 3(a) or (b)" before making it (s 29(2)(a); s 30(3)). This embeds a purposive threshold tied to the Act’s primary purposes.
If a decision‑maker decides that a condition of an order is not satisfied, they may decide that the order no longer applies to the relevant authorisation (s 31(1)). Before making such a decision they must give written notice to the holder including the right to make written submissions within at least 28 days, and must consider any submissions (s 31(2)). After making the decision the decision‑maker must notify the holder in writing with reasons (s 31(3)). These are procedural duties that protect holders by creating natural justice processes prior to rescission.

Duties regarding publication and subsidiary legislation (s 103)

Orders made under the Act are subsidiary legislation (s 103(2)). They must be published on a maintained website for as long as they are in effect (s 103(4)). Failure to publish does not invalidate them (s 103(5)), but the publication duty is nonetheless mandatory, imposing an administrative obligation on the maker or the agency administering the relevant Act.

Regulatory duties to accept electronic communication (multiple sections)

Amended statutes (for example the Rights in Water and Irrigation Act amendments in s 71, Waste Avoidance and Resource Recovery Act s 74‑75, Water Services Act s 80) impose obligations on agencies to provide for the giving and proof of notices by electronic communication. This creates duties on agencies to designate methods and ensure receipt processes are established (e.g. s 68 changes to 26GZB and s 69 changes to 26GZG require giving to Minister in "a manner designated by the Minister").

Duties of courts and judicial officers (ss 14B, 90)

Courts retain the duty to satisfy the statutory criteria before allowing audio or audiovisual links. Section 14B(3) requires the court to be satisfied that the audio link is available or can reasonably be made available and that the direction is in the interests of justice; s 90(3A) gives the judge discretion to permit the accused to hear proceedings by audio link if physical attendance is undesirable. These place decision duties on courts to exercise discretion rather than create an automatic right.

Rights of affected persons and protections

Holders of authorisations have procedural rights before rescission of orders affecting their authorisations: notice, at least 28 days to make written submissions, consideration of submissions and a written decision with reasons (s 31(2)-(3)).
The Act includes protective limits on orders: new expiry days must be after the original expiry day and before the day that is 12 months after the original expiry day and before 30 June 2025 (s 29(2)(c)), and condition‑modifying orders cease at the end of the first anniversary of their operation unless an earlier day is specified (s 30(5)). These place temporal bounds on executive discretion.
Regulations that retrospectively take a state‑of‑affairs to have existed cannot operate so as to affect, prejudicially, private rights existing before the day the regulations come into operation (s 105(5)(a)), though the State and public authorities are excepted (s 105(5)).

Limitations and non‑derogable duties

Orders under this Act cannot affect disqualifications under other written laws: if a person is disqualified from holding an authorisation by a written law, an order under s 29 does not affect that disqualification (s 29(5)(b)). Similarly, orders cannot prevent an authorisation being suspended, cancelled or otherwise ended under a written law (s 29(5)(a)(i)).

Sanctions and offences tied to remote processes

The Evidence Act amendments impose criminal and monetary penalties for copying, supplying or broadcasting proceedings heard by audio link in specified contexts (s 90(4A)-(4C)): fines and imprisonment are prescribed (e.g. broadcasting carries 1 year imprisonment and fine up to $100,000) (s 90(4C)). These create strict duties of non‑disclosure and non‑distribution for those with access to audio‑link proceedings.

Rights to electronic dealings

Amendments across Part 5 and Division 2 of Part 5 confer rights on parties to give submissions and receive notices by electronic means where regulations permit or the agency designates the method (e.g. s 67, s 68, s 71). These rights are conditional on the manner specified by regulations or the Minister.

In effect, the Act creates discretionary powers for specific decision‑makers subject to purposive and temporal limits, imposes procedural duties of notice and reasons for adverse action, mandates administrative publication and electronic facilitation obligations, protects certain pre‑existing private rights from prejudicial retrospective regulation, and institutes criminal sanctions to protect the integrity of remote court communications.

The Act itself contains few direct penalty provisions; however, it amends several substantive laws to create or adjust penalties tied to new procedural modalities. Enforcement is managed through a mixture of judicial oversight, statutory administrative mechanisms, and criminal offences inserted into existing Acts.

Penalties inserted or adjusted

Evidence Act 1906 amendments (s 90): New offences attach to unauthorised copying, reproduction, supply, or broadcasting of proceedings heard by audio link in the child evidence context:
- A person must not make a copy of, or otherwise reproduce, proceedings or any part thereof heard by an audio link (s 90(4A)). Penalty: a fine of $5,000.
- A person must not play, supply or offer to supply any copy or reproduction (s 90(4B)). Penalty: a fine of $5,000.
- A person must not broadcast the proceedings or any part of them (s 90(4C)). Penalty: imprisonment for 1 year and a fine of $100,000. These are criminal sanctions intended to protect the confidentiality and integrity of remote evidence.

Offences and enforcement in other amended Acts

The primary Act does not itself create new enforcement regimes against regulated entities for non‑compliance with s 29 or s 30; rather, it creates powers for decision‑makers to alter expiry days and conditions. Enforcement of underlying statutory obligations remains with the administering laws. For example, where a licence condition is modified under s 30, enforcement of the modified condition would continue under the relevant Act’s enforcement provisions.
Section 31 allows the decision‑maker to decide that an order no longer applies to an authorisation where a condition of the order is not satisfied. This is an administrative enforcement mechanism: the statutory process requires notice and 28 days for submissions (s 31(2)-(3)). The outcome of such administrative decisions will be enforceable by the administering agency through the usual statutory means (suspension, cancellation, prosecution under the underlying Act), as s 29(5)(a) preserves other written law remedies.

Judicial enforcement and review

Orders made under the Act are subsidiary legislation (s 103(2)). Subject to the limited exclusions in s 103(3) relating to the Interpretation Act, orders must not be inconsistent with the Act. Orders and administrative decisions under the Act remain subject to judicial review on conventional administrative law grounds; the Act does not remove judicial oversight. Natural justice protections (notice and opportunity to be heard in s 31) further support reviewability of adverse decisions.

Publication requirement as a quasi‑compliance tool

The statutory obligation to publish orders on a maintained website while in effect (s 103(4)) functions as a transparency and compliance mechanism. Non‑publication does not invalidate an order (s 103(5)), so the obligation operates as an administrative duty rather than a condition for legal validity, limiting entitlements of third parties to challenge orders on non‑publication alone.

Temporal limits and enforcement window

Many powers are time‑limited (operative period s 28, orders cease on specified days s 30(5), s 36). The sunset mechanics act as a procedural restraint on prolonged enforcement actions based purely on the temporary arrangements. The Governor may postpone cessation but not beyond 30 June 2025 (s 27(3), s 34(3), s 52(3)), thereby creating an outer enforcement window.

Regulation‑making and retrospective effects

Section 105 gives the Governor the power to make regulations for savings or transitional purposes, including retroactive declarations of state of affairs, but with express protective limits preventing prejudicial effects on private persons’ existing rights (s 105(4)-(5)). This shapes the enforcement landscape by permitting statutory ironing‑out of transitional enforcement problems while protecting private parties from new retrospective liabilities.

In short, enforcement is primarily achieved through existing statutory enforcement mechanisms of the underlying Acts, administrative decision‑making powers created by this Act (including rescission of orders under s 31), and new criminal sanctions in the Evidence Act for misuse of audio‑linked proceedings. The Act emphasises administrative transparency and procedural safeguards rather than broad novel penal regimes.

The Act is explicitly drafted to operate despite other written laws and to modify specified Acts; its interaction model combines direct amendments, temporary overlays via orders, and enabling of electronic processes. The approach is threefold: validate past acts under other statutes, temporarily alter operation of other statutes through orders, and amend other statutes to adopt electronic/remote modes.

Supremacy clause and binding effect

The Act states it has effect despite any other written law (s 6), and it binds the Crown (s 5). This gives it a high degree of legal primacy in the WA statute book within the bounds of state legislative power. Any inconsistency between this Act and other WA statutes is resolved in favour of this Act, subject to constitutional limits not dealt with in the text.

Direct statutory modifications (Part 4, Part 5, Part 6)

The Act amends multiple statutes directly. Examples:
- Mental Health Act 2014 modified to permit audiovisual assessments under the Mental Health Infection Control Directions and to validate such assessments (ss 39-43).
- Sentencing Act 1995 gets a new audio link provision (s 48 inserted as 14B) with consequential amendments to the Criminal Procedure Act 2004 (s 50-51).
- Evidence Act 1906 is amended to allow audio links in child evidence settings and imposes offences for unauthorised copying/broadcasting (s 90).
- Interpretation Act 1984 is amended to remove certain references and subsections (ss 92-94) with consequential deletions in many statutes (ss 95-102). These direct textual amendments change the substantive operation of the named Acts in specific ways.

Orders that modify operation of other Acts (ss 29-31)

The Act authorises orders that directly affect the operation of other Acts without amending their text. Under s 29 a decision‑maker may set a new expiry day for an authorisation under another Act. Under s 30 a decision‑maker may modify or remove specified conditions attached to authorisations under other Acts. Orders are subsidiary legislation (s 103(2)); they can apply to classes of authorisations and can act on authorisations previously subject to orders (ss 29(3), 30(4)). Orders must not be inconsistent with the Act (s 103(3)).

Extension of electronic processes across statutes (Part 5)

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 is expressly applied to many Acts via amendment (ss 53-61), thereby harmonising electronic practice across court and tribunal jurisdictions. Additionally, environmental, water, waste and other Acts are amended to permit electronic communications and set proof mechanisms (ss 62-80). These amendments interact by removing formal barriers in other statutes to electronic service, receipt, and evidence.

Temporal interaction and savings (s 105)

The Act anticipates interactional friction arising when its temporary provisions cease and provides a broad regulations power (s 105) to prescribe savings and transitional matters, even allowing regulations to have retrospective effect (s 105(4)). However, the Act constrains these retrospective powers so they cannot prejudicially affect private persons' pre‑existing rights (s 105(5)), which mitigates potential conflicts with other laws that depend on stable property or contractual expectations.

Preservation of other statutory effects

While the Act enables postponement and modification, it preserves specific features of other laws. For example, s 29(5)(b) states that orders under s 29 do not affect disqualifications under written law; and s 29(5)(a) recognises that authorisations can still be suspended or cancelled under other written laws. Thus the Act overlays discretion without abrogating fundamental prohibitions in other statutes.

Interpretation Act limits

The Act modifies the operation of the Interpretation Act 1984 for orders made under this Act: s 103(3) removes the application of Interpretation Act s 43(1) and (6) to orders made under the Act, but s 103(3) requires orders not be inconsistent with the Act. The Act also provides that the Interpretation Act s 37 applies when provisions or orders cease to have effect (s 104), so standard savings rules apply on cessation.

Proclamations and potential reactivation

The Governor may, on Ministerial recommendation, postpone cessation of Divisions, Subdivisions, or operative periods (s 27, s 34, s 52), but cannot postpone beyond 30 June 2025. This mechanism means that other Acts’ temporary interactions created by this Act can be extended administratively, potentially interacting with other legislative agendas over time.

Overall, the Act is designed to be an overlay: it directly amends some statutes, gives specific decision‑makers power to alter the effect of others via orders, and harmonises electronic procedures across many statutes. It attempts to preserve core prohibitions in other written laws while providing administrative flexibility, and it provides regulatory tools to smooth the transition back to normal statutory operation when the temporary measures end.

The Act itself contains internal mechanisms for postponement and amendment of its temporal effects and has been the subject of at least one official postponement proclamation recorded in the compilation notes.

Key commencement and compilation dates

The Act’s short title and commencement provisions: Part 1 commenced on the day of Royal Assent; the rest of the Act commenced the following day (s 2). The compilation table records Royal Assent on 11 September 2020 and commencement of the Act (other than Part 1) on 12 September 2020.

Postponement proclamations recorded in the compilation notes

The compilation notes describe the COVID‑19 Response and Economic Recovery Omnibus Act 2020 Postponement Proclamation 2021 (SL 2021/196):
- That proclamation postponed the cessation of multiple parts and subdivisions (Pt 2 Div. 1 Subdiv. 2; Pt 2 Div. 2 Subdiv. 1; Pt 2 Div. 3 Subdiv. 1; Pt 2 Div. 4; plus sections 37(1), 44(1) and 46(1)) until the end of 31 December 2022 (note 1).
- It also postponed the end of the operative periods for sections 29 and 30 until the end of 31 December 2022 (note 2).
These proclamations use the postponement powers in ss 27, 34 and 52, illustrating the Act’s built‑in capacity to be extended administratively up to the outer bound of 30 June 2025 (s 27(3), s 34(3), s 52(3)).

Ceased provisions

The Act includes several provisions that were time‑limited and had ceased to have effect by the time the compilation notes were prepared. The text flags numerous sections as “ceased to have effect at end of 31 Dec 2022” in connection with the postponement proclamation chronology (see multiple bracketed notes in the document).

Amendments to other Acts effected by this Act

The Act itself effects multiple textual amendments to other Western Australian statutes (Part 4, Part 5, Part 6 and Part 5 Division 2). These are immediate at the Act’s commencement unless otherwise indicated. For example:
- Section 48 inserted s 14B in the Sentencing Act 1995.
- Sections 53-61 extended application of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 to additional Acts.
- Sections 62-80 amended numerous environmental, water and waste statutes to authorise electronic communication for notices and submissions.

Transitional and saving regulation power

Section 105 contains a broad regulations power allowing the Governor to prescribe matters of a savings or transitional nature arising from the cessation of provisions or orders; such regulations may have retrospective effect to a point but are ordered by strict protective limits and must be made by 30 June 2025 (s 105(2)-(6)). This creates an administrative path to tidy up incomplete or complex transitions caused by the temporary measures.

Notes on amendments not included in the compilation

The Act’s compilation notes also state an example where an amendment in the Aboriginal Cultural Heritage Act 2021 s 347(2) is not included because the provision it sought to amend had ceased to have effect before that amendment purported to come into operation (note 3). That illustrates the interdependence of later legislative amendments on the temporal status of provisions in this Act.

Taken together, the amendment history shows an Act designed to be adapted administratively and temporally by proclamation and regulations within limits. The recorded postponement to 31 December 2022 demonstrates the practical exercise of those postponement powers; the Act itself caps further postponements at 30 June 2025.

The source material supplied is the text and compilation notes of the COVID‑19 Response and Economic Recovery Omnibus Act 2020 and does not identify any judicial decisions, interlocutory rulings, declaratory proceedings, or appellate determinations that interpret or test the Act. The Act’s compilation and notes include no named cases, nor does the text refer to case law in support of its provisions.

What the Act does provide that could generate litigation

The Act creates novel administrative orders that change authorisation expiry dates and conditions (ss 29-30), and it allows decision‑makers wide discretion subject to a "necessary or expedient" test tied to the Act’s purposes (s 29(2)(a), s 30(3)). The absence of detailed statutory criteria beyond the purposive test could lead to judicial review claims, for example on Wednesbury or proportionality grounds, depending on the court’s approach to administrative discretion.
Validation provisions (ss 11, 18, 21, 43) which treat past acts as "taken to have always been valid" could be the subject of litigation if third parties seek to challenge outcomes that depended on what would otherwise have been invalid acts. Litigation might focus on whether the validation infringes protected rights or improperly affects natural justice in particular cases, although s 6 asserts the Act’s overriding effect against other written laws.
Evidence Act penalties for reproduction or broadcasting of audio‑link proceedings (s 90(4A)-(4C)) could give rise to criminal prosecutions challenging evidentiary bases, jurisdictional issues (for example, whether the person had access to the audio link), or constitutional issues concerning freedom of communication (though no cases are cited in the text).
The Act’s provision that orders must be published on a website but that non‑publication does not affect validity (s 103(4)-(5)) leaves open a possible ground of dispute over whether third parties had adequate notice; challengeable points could include procedural fairness for adversely affected third parties and whether administrative decisions relying on unpublished orders breached natural justice.

Absence of existing reported litigation in the source

Because the materials supplied do not include judicial citations or summaries of cases, the Act’s litigation footprint is not reflected in the provided source. Practitioners needing to know current case law must consult WA court databases and later compilations or commentators beyond this Act text.

In short, while the Act creates a variety of novel or recalibrated powers and validation mechanisms that are potentially litigable, the supplied source contains no litigation history or decided cases concerning the Act. The risk and contours of litigation therefore remain hypothetical within the provided materials.

The Act contains several drafting and implementation features that create potential practical hazards or traps for practitioners and regulated parties. These are not value judgements but practical flags grounded in the text.

Temporal complexity and layered postponement

Multiple dates and overlapping “operative periods,” validation periods and cessation postponement powers increase complexity. The “validation period” for fee waivers is defined in s 11(1) as beginning 1 April 2020 and ending the last day of the period of six months beginning on the day s 11 comes into operation. Given the Act’s staged commencement (Part 1 on the day of assent and the rest the following day; compilation shows 12 September 2020 for most of the Act), parties must compute exact validation windows rather than assume simple calendar spans. Miscalculating the end of validation or operative periods can lead to mistaken reliance on the statutory validation or order powers.

Orders are subsidiary legislation but exempted from certain Interpretation Act checks

Orders under the Act are subsidiary legislation (s 103(2)), but s 103(3) excludes application of s 43(1) and (6) of the Interpretation Act 1984. That means some Interpretation Act controls over subsidiary legislation do not apply, creating potential uncertainty about typical procedural requirements that accompany subordinate instruments. Although orders must not be inconsistent with the Act, the absence of s 43(1) and (6) could narrow review points that practitioners are accustomed to relying upon.

Publication requirement does not affect validity

Section 103(4) requires orders be published on a maintained website while in effect, but s 103(5) states a failure to comply with that publication duty does not affect the validity of the order. For third parties who rely on publication to discover changes to authorisations or expiry dates, lack of a publication could still leave them disadvantaged, but it will not invalidate the order. That complicates reliance strategies and notice assumptions.

Discretionary and broad "necessary or expedient" test

Orders under s 29 and s 30 are available only if the decision‑maker is “satisfied that the order is necessary or expedient for a purpose in section 3(a) or (b)” (s 29(2)(a); s 30(3)). These are purposive but open‑ended criteria. Administrative decision‑makers have significant latitude, which produces uncertainty for regulated persons trying to predict whether an extension or condition modification will be granted or withdrawn.

Preservation of other written law enforcement and disqualification provisions

Sections 29(5)(a)-(b) preserve the operation of other written law that can suspend or cancel an authorisation and disqualifications under written law. A decision to extend an expiry under s 29 does not immunise the holder from other consequences (for example, statutory disqualification or enforcement proceedings). Relying on an extension as a shield against other statutory sanctions would therefore be a risky assumption.

Validation clauses are broad but temporally limited

Validation of fees and meetings (ss 11 and 18) makes certain acts “taken to have always been” valid (s 11(2), s 18(1)). However validation periods are bounded, and not all Acts are included in the lists; practitioners should check whether a particular Act is enumerated (s 11(4), s 18(3)). Where an Act is not listed, validation does not apply.

Regulatory retrospective powers admit caveats

Section 105 allows regulations that, among other things, can treat a state of affairs as having existed from a day earlier than the regulation’s commencement (s 105(4)). However, s 105(5) prohibits such regulations operating prejudicially to private persons’ rights. Determining what is “prejudicial” can generate dispute, and the drafting leaves an area for contested interpretation.

Criminal penalties for reproduction or broadcasting of audio link proceedings

The Evidence Act amendments (s 90) create heavy penalties for unauthorised reproduction or broadcasting (including imprisonment and large fines). These reach broadly and could inadvertently catch intermediaries or service providers who handle recordings unless strict chain‑of‑custody and access protocols are in place. Careful operational controls and clear contracts with service providers are necessary.

Electronic communication requirements tied to regulation or ministerial designation

Many amendments permit electronic service or submissions “in the manner provided for in the regulations” or “designated by the Minister” (e.g. s 68, s 71). Until those regulations or designations are in place, agencies and regulated persons may be uncertain about acceptable methods, proof requirements, or receipt timing. This transition risk is significant where statutory time limits depend on receipt dates.

Multiple overlapping sunsets and proclamations

The Act allows postponement of cessations more than once, but limits postponement periods to 12 months at a time and an outer bound of 30 June 2025 (s 27(3)-(4), s 34(3)-(4), s 52(3)-(4)). Keeping track of successive proclamations and which Divisions/Subdivisions remain in force requires active monitoring.

In practice, these “gotchas” suggest practitioners should not assume blanket or indefinite relief: check exact enumerations, compute operative and validation dates precisely, confirm publication and regulation‑making activity, maintain operational controls around remote proceedings, and treat orders as valid despite possible lack of publication.

Compliance requires active monitoring of orders, website publication, agency designations for electronic communication, procedural safeguards for affected licence holders, and technical controls for remote judicial processes. Below are concrete steps, mapped to statutory obligations and likely implementation tasks.

Determine whether you or your client are within the Act’s scope

Check whether the licence, permit or authorisation is one of the “relevant authorisations” in s 29(2) or s 30(2) Tables. If so, identify the decision‑maker responsible (Environment CEO, Transport CEO, the relevant portfolio Minister, the Economic Regulation Authority, etc.) and the possible order‑making power that may affect the authorisation (s 29 Table; s 30 Table).

Track operative, validation and proclamation timelines

Use the Act’s definitions: “validation period” (s 11(1)) and “operative period” (s 28) are time‑defined, and cease dates may have been altered via proclamations (s 27, s 34, s 52). The compilation notes show specific postponement proclamations , confirm whether later proclamations or regulations have further extended or curtailed periods. Maintain a dates register for expiry day, any orders made, and order end dates (s 30(5); s 29(2)(c)).

Monitor orders and published subsidiary legislation

Orders under the Act must be published on a website maintained by or on behalf of the maker or the administering agency (s 103(4)). Regularly check:
- the relevant Minister’s or agency’s website for published orders (for s 29/s 30 orders);
- the State’s legislation website for any ancillary regulations made under s 105;
- the courts’ and tribunals’ electronic process notices if your matters are in jurisdictions newly covered by Pt. 2 of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 (ss 53-61).
Because non‑publication does not invalidate an order (s 103(5)), do not assume absence on a website equals absence of legal effect; if an order is reasonably likely, query the decision‑maker directly.

If your authorisation is subject to an order, exercise procedural rights promptly

If a decision‑maker notifies you that a condition of the order is not satisfied and that they may decide the order no longer applies (s 31(2)(a)(ii)), you have at least 28 days to make written submissions (s 31(2)(a)(iii)). Prepare written submissions addressing the reason the condition is satisfied, provide supporting evidence, and ensure timely filing to preserve review rights. After a decision is made, the decision‑maker must provide reasons (s 31(3)); consider grounds for review if the reasons are deficient.

For licence holders: do not assume orders immunise you from other statutory sanctions

s 29(5) preserves suspension, cancellation or other enforcement under other written laws and disqualifications. Continue to comply with underlying statutory obligations where possible and manage risks arising from any condition modification or expiry extension.

Prepare for and implement electronic communications

Amend internal administrative procedures to accept official notices, submissions and documents by electronic communication where the relevant Acts have been amended to permit that mode (for example Rights in Water and Irrigation Act amendments s 71; Waste Act s 74-75; Water Services Act s 80).
Ensure you or your clients have reliable email systems, secure electronic filing and archiving, and processes to verify dispatch and receipt in the manner specified by regulations or Ministerial designation (s 68, s 71).
Retain evidence of submission and receipt times; many amended provisions require that electronic communications be “received within that period” (e.g. s 68 s 74), so logging is critical.

For courts, lawyers and providers handling remote hearings: control recording and distribution risks

Where audio or audiovisual links are used (s 48; s 90), ensure access control and confidentiality protocols are in place. The Evidence Act amendments (s 90(4A)-(4C)) make unauthorised copying or broadcasting an offence with severe penalties. Contract with service providers needs clear terms forbidding reproduction or broadcast, and technical measures (encryption, no recording policy, controlled access) should be implemented.
For accused persons using an audio link to hear proceedings (s 90(3A)), ensure practical arrangements provide the accused a reasonable opportunity to view visually recorded evidence before it is presented (s 90(3B)).

For mental health practitioners: satisfy statutory tests for audiovisual assessments

Under s 41 and s 42, assessments/examinations using audiovisual communication are permitted if the practitioner is satisfied that it is necessary or expedient to do so to comply with Mental Health Infection Control Directions. Ensure contemporaneous records demonstrate the practitioner’s satisfaction and the reasons for relying on audiovisual means. For those assessments conducted between 7 April 2020 and the commencement of s 43, the Act validates them (s 43(1)-(2)), but recordkeeping should still be thorough.

Document and preserve decision rationales

Because orders require the decision‑maker to be “satisfied” of necessity or expediency and because procedural rights exist before rescission (s 31), agencies should record decision rationales and steps taken. This supports administrative defensibility and reduces judicial review risk.

Watch for regulations under s 105 and agency designations

s 105 gives broad regulation‑making power for savings and transitional matters, possibly including retrospective declarations (s 105(4)). Monitor and evaluate any such regulations quickly because they may alter compliance obligations retrospectively within the statutory limits (s 105(5)).

Operational checklist summary

Maintain a statutory map linking your authorisations to s 29/s 30.
Log operative and validation dates and publication locations for orders.
Establish electronic submission and proof‑of‑receipt procedures in line with agency requirements.
Keep contemporaneous reasons and records for any reliance on audiovisual or audio links in clinical, tribunal or court settings.
Prepare written submissions promptly if notified under s 31 and consider administrative or judicial review timeframes.
Put contracts and technical controls in place to prevent prohibited reproduction or broadcasting of court audio.

Following these steps aligns practical operations with the Act’s procedural features, reduces exposure to the pitfalls noted above, and positions parties to respond to orders and regulations in a timely, legally defensible manner.

Deep Dive

What it does

Current sections