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 in place temporary measures across tenancy, court proceedings, health, and other areas. It also reforms by-election procedures during the pandemic, allows artisan distillers to sell spirits directly to the public, changes how local government councillor vacancies are filled, and bolsters youth detention centre staffing powers.
Who it affects
Small business tenants and landlords retain COVID-era lease protections and access to mediation. Renters keep emergency tenancy protections. Artisan distillers gain expanded retail rights. Local communities may see by-elections instead of runner-up appointments for vacant council positions.
Extension of COVID-19 emergency laws
All COVID-19 related legislation that was due to expire on 31 December 2020 is extended to 30 April 2021. This includes emergency regulations for tenancy, commercial leases, courts, corrections, health, planning, and other areas. A transitional regulation-making power is created to manage the return to normal operations.
- COVID-19 emergency legislation extended from 31 December 2020 to 30 April 2021
- Transitional regulation-making power created to manage the wind-down of emergency measures
- Queensland Small Business Commissioner appointment extended beyond 31 December 2020
- Commercial lease protections preserved so ongoing rent disputes can be resolved
By-elections during COVID-19
New provisions allow by-elections to be conducted safely during the pandemic. The Electoral Commission Queensland gains powers to modify voting procedures, including requiring postal voting, limiting scrutineers, and postponing polling days.
- ECQ can require all electors to vote by postal vote during a by-election
- Polling day can be postponed by the Governor or Speaker beyond the usual 21-day limit
- ECQ can restrict the number and movement of scrutineers at polling booths
- Electronically assisted voting can be extended to additional classes of electors
Artisan distiller sales
Artisan distillers producing between 400 and 450,000 litres of spirits per year are temporarily exempt from the 2.5% cap on retail sales, allowing them to sell their own spirits to the public for consumption on premises and as takeaway.
- Artisan distillers can sell spirits directly to the public without the 2.5% sales restriction
- Exemption remains until removed by proclamation when broader industry reforms are implemented
Local government councillor vacancies
The process for filling councillor vacancies in the first year of a council term is reformed. Mayoral vacancies must be filled by by-election rather than runner-up appointment. For other councillor vacancies, the council decides whether to hold a by-election or appoint a runner-up.
- Mayoral vacancies in the first year of a council term must be filled by by-election
- Councils can choose between by-election or runner-up appointment for other councillor vacancies
- Runner-up appointments made since 12 October 2020 are retrospectively undone (unless the council decides to re-appoint)
- Affected councils have 2 months from commencement to fill vacant positions
Youth detention centre staffing
The chief executive of youth justice can delegate powers to appropriately qualified temporary detention centre employees, including police officers and contractors brought in during COVID-19 outbreaks when regular staff are quarantined.
- Chief executive can delegate powers to temporary detention centre employees who are not public service officers
- Temporary appointments and delegations expire on the COVID-19 legislation expiry day
Bill Journey
▸Committee26 Nov 2020View Hansard
Referred to Legal Affairs and Safety Committee
Assent date: 8 March 2021
Referenced Entities
Legislation
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Programs & Schemes
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards