COVID-19 Emergency Response and Other Legislation Amendment Bill 2020
Plain English Summary
Overview
This bill extends Queensland's COVID-19 emergency response legislation from 31 December 2020 to 30 April 2021, keeping temporary measures in place across tenancy, courts, health and other areas. It also makes standalone reforms to support artisan distillers, reform local government vacancy processes, and enable COVID-safe by-elections.
Who it affects
Small business tenants and residential renters retain COVID-19 protections into 2021. Artisan distillers gain expanded retail sales rights. Local government communities may see by-elections held to fill mayoral vacancies rather than appointments of election runners-up.
Extension of COVID-19 emergency measures
Extends 17 emergency regulations and amendments to 12 Acts from 31 December 2020 to 30 April 2021. Creates a transitional regulation-making power to ensure a smooth return to normal operations when the measures eventually expire.
- COVID-19 emergency legislation extended to 30 April 2021 or an earlier date set by regulation
- Transitional regulations can be made to manage the return to normal operations, with up to two years duration
- The Queensland Small Business Commissioner's appointment continues beyond 31 December 2020
- Commercial lease rent renegotiation rights and eviction protections preserved for the response and extension periods
COVID-safe by-elections
Inserts new provisions in the Electoral Act so by-elections held during the COVID-19 emergency can be conducted safely, including powers to mandate postal voting and adjust polling arrangements.
- By-election polling day can be postponed by the Governor or Speaker
- A regulation can require all electors to vote by postal vote
- Electoral Commission Queensland can restrict scrutineers and how-to-vote card distribution at polling booths
- New offences of up to 20 penalty units for contravening ECQ directions
Artisan distillers
Removes the 2.5% cap on retail sales for artisan distillers with producer/wholesaler licences, allowing them to sell their own spirits directly to the public without restriction.
- Artisan distillers producing 400 to 450,000 litres of spirits per year exempted from retail sales cap
- Exemption aligns artisan distillers with existing treatment of craft brewers
- Exemption remains until removed by proclamation when broader industry reforms are implemented
Local government vacancy reform
Changes how mayoral and councillor vacancies are filled early in a council term. Mayoral vacancies now require a by-election. For councillor vacancies, the local government chooses between a by-election or appointing a runner-up.
- Mayoral vacancies during the first year of a council term must be filled by by-election, not runner-up appointment
- Local governments can choose between a by-election or runner-up appointment for other councillor vacancies
- Runner-up appointments made since 12 October 2020 are retrospectively unwound unless the council opts to reappoint
- Affected councils have two months from commencement to fill vacancies under the new process
Youth justice powers during outbreaks
Allows delegation of chief executive powers to temporary detention centre staff during COVID-19 outbreaks, ensuring detention centres can operate safely when regular staff are quarantined.
- Chief executive (youth justice) can delegate powers to appropriately qualified temporary detention centre employees
- Covers non-public-service officers such as police and contracted workers appointed during outbreaks
- Temporary powers expire on 30 April 2021 with safeguards including body-worn cameras and independent oversight
Bill Journey
▸Committee26 Nov 2020View Hansard
Referred to Legal Affairs and Safety Committee
Assent date: 8 March 2021