COVID-19 Emergency Response and Other Legislation Amendment Act 2021

1Short title

This Act may be cited as the COVID-19 Emergency Response and Other Legislation Amendment Act 2021.

2Act amended

This part amends the Body Corporate and Community Management Act 1997.

3Amendment of s 323D (Sinking fund budgets)

Section 323D(4), note, ‘2008, section 139’—
omit, insert—

2020, section 160

4Amendment of s 323F (Penalties for late payment)

Section 323F(1)(b), example, ‘1 June’—
omit, insert—

1 November

5Amendment of s 323H (Power to borrow)

Section 323H(4)(a), ‘2008’—
omit, insert—

2020

6Act amended

This part amends the City of Brisbane Act 2010.

7Insertion of new s 96B

After section 96A—
insert—

96B Additional decisions about levying of rates and charges for 2021–2022 financial year

(1)The council may decide, by resolution made other than at the council budget meeting for the 2021–2022 financial year, what rates and charges are to be levied for a relevant part of that financial year.

(2)For this section, a relevant part of the 2021–2022 financial year is a period—

(a)starting on a day not earlier than the day the resolution is made; and

(b)ending on 30 June 2022.

(3)A decision made under subsection (1) is an extraordinary decision.

(4)The council must, at the meeting at which the extraordinary decision is made, amend the annual budget for the 2021–2022 financial year to take account of the extraordinary decision.

(5)An amendment of the annual budget under subsection (4) is of no effect if the amendment—

(a)does not comply with the requirements prescribed by regulation for preparing an annual budget; or

(b)is inconsistent with the extraordinary decision.

(6)The council must adopt the annual budget as amended in compliance with this section.

(7)Subsection (1) does not limit section 96(2).

(8)To the extent a relevant decision previously made by the council would otherwise be inconsistent with the extraordinary decision, the relevant decision ceases to have effect in relation to the relevant part of the 2021–2022 financial year.

(9)This section expires on 30 June 2022.

(10)In this section—

2021–2022 financial year means the financial year ending on 30 June 2022.

relevant decision means—

(a)a decision made under section 96(2); or

(b)an extraordinary decision.

8Insertion of new ch 7, pt 5B

Chapter 7—
insert—

Part 5B Provisions for other elections affected by COVID-19 public health emergency

240C Minister may give directions about filling vacancies in office of councillors

(1)This section applies if the office of a councillor (including the mayor) becomes vacant before the COVID-19 legislation expiry day.

(2)Section 163(2), (3) and (6) does not apply in relation to the vacant office.

(3)The Minister may give a direction to the council about whether or not the vacant office must be filled.

(4)If the Minister directs that the vacant office must be filled, the Minister may, by notice to the council, extend the period within which the council must fill the vacant office under section 163(4).

(5)However, the Minister may act under subsection (3) or (4) only if the Minister is satisfied that, after consulting the electoral commission and having regard to the purpose of the Local Government Electoral Act 2011, part 9B, it is in the public interest to do so.

(6)If the Minister extends the period under subsection (4), the Governor in Council may appoint a qualified person under section 163(5) to fill the vacant office only if the council has not filled the vacancy within the extended period.

240D Regulation-making power for elections affected by COVID-19 public health emergency

(1)This section applies if this Act does not make provision or sufficient provision about a matter in relation to an election to which the Local Government Electoral Act 2011, part 9B applies.

(2)A regulation may make provision about the matter.

(3)The regulation may have retrospective operation to a day not earlier than the day of commencement.

(4)This part and the regulation expire on the COVID-19 legislation expiry day.

9Regulation amended

This part amends the City of Brisbane Regulation 2012.

10Amendment of s 255G (Expiry)

Section 255G, ‘30 June 2021’—
omit, insert—

the COVID-19 legislation expiry day

11Act amended

This part amends the COVID-19 Emergency Response Act 2020.

12Amendment of s 4A (Meaning of COVID-19 legislation expiry day)

Section 4A(a), ‘30 April’—
omit, insert—

30 September

13Amendment of s 25 (Transitional regulation-making power)

(1)Section 25—
insert—

(3A)An affected law is taken to include a power to make the transitional regulation.

(2)Section 25(4)—
omit, insert—

(4)The transitional regulation must declare it is a transitional regulation.

(4A)The transitional regulation must also declare—

(a)if it is made under this section—that it is made under this section; or

(b)if it is made under an affected law—that it is made under the affected law as modified by subsection (4).

(3)Section 25(3A) to (6)—
renumber as section 25(4) to (8).

14Regulation amended

This part amends the Economic Development (COVID-19 Emergency Response) Regulation 2020.

15Amendment of s 6 (Publicly notifying applications if no local newspaper)

Section 6(2)(b)(ii), ‘30 April’—
omit, insert—

30 September

16Act amended

This part amends the Environmental Protection Act 1994.

17Amendment of s 547D (Form and content)

Section 547D(2)(d)(ii), ‘30 June’—
omit, insert—

30 November

18Amendment of s 547I (Making of declaration)

Section 547I(3)(a)(ii), ‘30 June’—
omit, insert—

30 November

19Act amended

This part amends the Gaming Machine Act 1991.

20Amendment of s 367C (Deferral or waiver of payment of gaming taxes)

Section 367C(4), ‘30 June’—
omit, insert—

30 September

21Regulation amended

This part amends the Justice Legislation (COVID-19 Emergency Response—Proceedings and Other Matters) Regulation 2020.

22Omission of pt 2, div 1 (Modification of Coroners Act 2003)

Part 2, division 1—

omit.

23Act amended

This part amends the Local Government Act 2009.

24Insertion of new s 94B

After section 94A—
insert—

94BAdditional decisions about levying of rates and charges for 2021–2022 financial year

(1)A local government may decide, by resolution made other than at the local government’s budget meeting for the 2021–2022 financial year, what rates and charges are to be levied for a relevant part of that financial year.

(2)For this section, a relevant part of the 2021–2022 financial year is a period—

(a)starting on a day not earlier than the day the resolution is made; and

(b)ending on 30 June 2022.

(3)A decision made under subsection (1) is an extraordinary decision.

(4)The local government must, at the meeting at which the extraordinary decision is made, amend the annual budget for the 2021–2022 financial year to take account of the extraordinary decision.

(5)An amendment of the annual budget under subsection (4) is of no effect if the amendment—

(a)does not comply with the requirements prescribed by regulation for preparing an annual budget; or

(b)is inconsistent with the extraordinary decision.

(6)The local government must adopt the annual budget as amended in compliance with this section.

(7)Subsection (1) does not limit section 94(2).

(8)To the extent a relevant decision previously made by the local government would otherwise be inconsistent with the extraordinary decision, the relevant decision ceases to have effect in relation to the relevant part of the 2021–2022 financial year.

(9)This section expires on 30 June 2022.

(10)In this section—

2021–2022 financial year means the financial year ending on 30 June 2022.

relevant decision means—

(a)a decision made under section 94(2); or

(b)an extraordinary decision.

25Insertion of new ch 7, pt 5B

Chapter 7—
insert—

Part 5B Provisions for other elections affected by COVID-19 public health emergency

260AC Minister may give directions about filling vacancies in office of councillors

(1)This section applies if the office of a councillor (including the mayor) becomes vacant before the COVID-19 legislation expiry day.

(2)Section 163(2), (2A) and (5) does not apply in relation to the vacant office.

(3)The Minister may give a direction to the local government about whether or not the vacant office must be filled.

(4)If the Minister directs that the vacant office must be filled, the Minister may, by notice to the local government, extend the period within which the local government must fill the vacant office under section 163(3).

(5)However, the Minister may act under subsection (3) or (4) only if the Minister is satisfied that, after consulting the electoral commission and having regard to the purpose of the Local Government Electoral Act 2011, part 9B, it is in the public interest to do so.

(6)If the Minister extends the period under subsection (4), the Governor in Council may appoint a qualified person under section 163(4) to fill the vacant office only if the local government has not filled the vacancy within the extended period.

260AD Regulation-making power for elections affected by COVID-19 public health emergency

(1)This section applies if this Act does not make provision or sufficient provision about a matter in relation to an election to which the Local Government Electoral Act 2011, part 9B applies.

(2)A regulation may make provision about the matter.

(3)The regulation may have retrospective operation to a day not earlier than the day of commencement.

(4)This part and the regulation expire on the COVID-19 legislation expiry day.

26Act amended

This part amends the Local Government Electoral Act 2011.

27Amendment of s 18 (When voters roll must be compiled)

(1)Section 18(1), from ‘after the publication’—
omit, insert—

after notice of the election is published on the electoral commission’s website under section 25(1).

(2)Section 18(3), from ‘after the publication’—
omit, insert—

after notice of the day of the by-election is published on the electoral commission’s website under section 24(3).

28Insertion of new pt 9B

After part 9A—
insert—

Part 9B Provisions for elections affected by COVID-19 public health emergency

200M Purpose of part

(1)The purpose of this part is to facilitate the holding of an election to which this part applies in a timely way that helps minimise serious risks to the health and safety of persons caused by the COVID-19 public health emergency.

(2)In this section—

COVID-19 public health emergency means—

(a)the declared public health emergency under the Public Health Act 2005, section 319(2) for COVID-19 declared on 29 January 2020 as extended and further extended under that Act; or

(b)another public health emergency declared under the Public Health Act 2005, section 319(2) for COVID-19.

200N Application of part

(1)This part applies in relation to—

(a)a by-election if notice of the day of the by-election is published on the electoral commission’s website under section 24(3) on or before the COVID-19 legislation expiry day; or

(b)a fresh election for a local government if a regulation that provides for the election to be held is made on or before the COVID-19 legislation expiry day.

Note—

The Local Government Act 2009, sections 20 and 123(3)(b)(i) and (4) provide for the circumstances in which a regulation may be made to provide for a fresh election for a local government to be held. See also the City of Brisbane Act 2010, section 22 and section 105(1) of this Act.

(2)Also, this part applies despite any other provision of this Act about the holding of an election.

200O References to provisions of pt 4 in relation to fresh election

A reference to a provision of part 4 in relation to a fresh election is a reference to the provision as applied to the fresh election under section 105(3).

200P Time limit for compiling voters roll

(1)The electoral commission may, by notice, fix a day by which a voters roll for an election must be compiled that is not during the period provided for under section 18(1) or (3) for the election.

(2)However, the electoral commission may act under subsection (1) only if satisfied that, having regard to the purpose of this part, it would be in the public interest to do so.

(3)The electoral commission must ensure the notice under subsection (1) is published on the electoral commission’s website and in other ways the electoral commission considers appropriate.

(4)Despite section 18(1) and (3), a voters roll for the election must be compiled by the day fixed under subsection (1).

(5)This section does not limit section 18(2) in relation to a fresh election.

200Q Time limit for nomination of candidates

(1)The electoral commission may, by notice, fix a day as the nomination day for an election that is not a day provided for under section 25(2)(a).

(2)However, the electoral commission may act under subsection (1) only if satisfied that, having regard to the purpose of this part, it would be in the public interest to do so.

(3)The electoral commission must ensure the notice under subsection (1) is published on the electoral commission’s website and in other ways the electoral commission considers appropriate.

(4)For this Act, a reference to the nomination day for an election includes a reference to the day stated as the nomination day for the election in a notice under subsection (1).

200R Adjournment of poll under s 52A or 53

(1)This section applies—

(a)if a poll for an election is adjourned under section 52A(3) or 53(1); and

(b)despite section 24(2).

(2)The returning officer may, by notice published on the electoral commission’s website, fix a day for taking or resuming the adjourned poll that is—

(a)the earliest Saturday on which the returning officer is satisfied that the poll may practicably and safely be taken or resumed; and

(b)not more than 2 months after the original polling day for the election.

(3)Before acting under subsection (2), the returning officer must be satisfied that, having regard to the purpose of this part, it would be in the public interest to do so.

(4)If the returning officer acts under subsection (2) to fix a day for taking or resuming the poll, the returning officer is taken to have complied with section 53(3) in relation to the adjournment of the poll.

(5)To remove any doubt, it is declared that the returning officer or presiding officer for a polling booth may act under section 53, and the returning officer may act under subsection (2), as the occasion requires.

(6)For this Act, a reference to the polling day for an election at a polling booth includes a reference to the day to which the poll is adjourned under subsection (2).

(7)In this section—

original polling day, for an election, means the day stated as the polling day for the election in a notice under section 35.

200S Postponing polling day

(1)This section applies if the Minister is satisfied that, after consulting the electoral commission and having regard to the purpose of this part, it would not be in the public interest for an election to be held during the period of 2 months after the original polling day for the election.

Note—

The returning officer may adjourn the poll for an election for not more than 2 months after the original polling day under section 200R(2).

(2)The Minister may, by written notice given to the electoral commission, postpone the polling day to a Saturday that is—

(a)the earliest Saturday on which the Minister is satisfied that the poll may practicably and safely be taken or resumed; and

(b)more than 2 months after the original polling day for the election.

(3)As soon as practicable after receiving the Minister’s notice under subsection (2), the electoral commission must publish a notice about the postponement of the polling day on the electoral commission’s website.

(4)If the election is a by-election, the day stated in a notice under subsection (2) may be later than the day provided for under section 24(2).

(5)For this Act, a reference to the polling day for an election includes a reference to the day stated as the polling day for the election in a notice published under subsection (3).

(6)In this section—

original polling day, for an election, means the day stated as the polling day for the election in a notice under section 35.

200T Conduct of poll by postal ballot

(1)This section applies if the Minister is satisfied that, having regard to the purpose of this part, it would be in the public interest for a poll for an election to be conducted by postal ballot in—

(a)for an election for a division of a local government’s area—all or part of the division; or

(b)for an election for all of a local government’s area—

(i)all of the area; or

(ii)1 or more divisions of the area; or

(iii)another part of the area.

(2)The Minister may direct that the poll be conducted by postal ballot.

(3)However, before giving the direction, the Minister must consult with the electoral commission.

(4)A direction under subsection (2) must—

(a)be published on the electoral commission’s website; and

(b)if the direction relates to a part of the local government’s area—be accompanied by a map showing the part of the local government’s area.

(5)The local government must ensure the public may inspect the map mentioned in subsection (4)(b)—

(a)at the local government’s public office; and

(b)on the local government’s website.

(6)If the Minister gives a direction under subsection (2), the electoral commission may declare, by notice published on the electoral commission’s website, that electors of a stated class may vote in the election other than by postal vote, including, for example—

(a)by making an electronically assisted vote; or

(b)voting in another stated way approved by the electoral commission.

200U Time limit for applying to cast postal vote in election

(1)The electoral commission may, by notice published on the electoral commission’s website, fix a time and day by which an elector may apply, under section 79 or 81, to cast a postal vote in an election.

(2)The time and day fixed under subsection (1)—

(a)may be earlier or later than the time and day mentioned in section 79(2)(d) or 81(2A); and

(b)must be before the polling day for the election.

(3)Sections 79 and 81 apply for the election as if the references in sections 79(2)(d) and 81(2A) to 7p.m. on the day that is 12 days before the polling day for the election were references to the time and day fixed under subsection (1).

200V Declaration about electors casting postal vote without application

(1)The electoral commission may, by notice published on the electoral commission’s website, declare that electors of a stated class may cast a postal vote in an election without applying to do so under section 79.

(2)Section 79(4) to (7) applies in relation to each elector in the class as if the reference in section 79(4) to as soon as practicable after receiving the application were a reference to as soon as practicable after the making of the declaration under subsection (1).

(3)This section does not limit the ways that an elector may otherwise cast a vote in the election.

200W Declaration that electoral visitor voting not available for election

(1)This section applies for an election if—

(a)notice of the election has not been published under section 25; and

(b)the electoral commission is satisfied that it would pose a risk to the health and safety of issuing officers to visit electors under section 77.

(2)The electoral commission may declare that, for the election, electors will not be visited under section 77.

(3)Notice of the electoral commission’s declaration must be included in notice of the election published under section 25.

(4)Also, the electoral commission may publish notice of the declaration made under subsection (2) in other ways the electoral commission considers appropriate.

(5)If the electoral commission makes a declaration for an election under subsection (2)—

(a)section 77 does not apply for the election; and

(b)the electoral commission must make alternative arrangements to enable an elector affected by the declaration to vote in the election, including, for example, by casting an electronically assisted vote or postal vote.

200X Declaration about electoral visitor voting

(1)This section applies for an election if—

(a)a declaration has not been made under section 200W for the election; and

(b)the electoral commission is satisfied that, for the election, it would pose a risk to the health and safety of an issuing officer to visit, under section 77—

(i)an elector who has applied under that section to vote as a visitor elector; or

(ii)electors of a particular class; or

(iii)any electors.

(2)The electoral commission or returning officer may direct the issuing officer not to visit the elector, or electors of the class, or any electors.

(3)The electoral commission or returning officer must ensure an issuing officer makes alternative arrangements to enable an elector affected by the direction to vote in the election, including, for example, by casting an electronically assisted vote or postal vote.

(4)Section 77 applies to the issuing officer subject to the direction.

200Y Electronically assisted voting

(1)This section applies if the electoral commission is satisfied that, having regard to the purpose of this part, it would be in the public interest to allow electors of a class not mentioned in section 68(5B) to cast an electronically assisted vote in an election.

(2)The electoral commission may, by notice published on the electoral commission’s website, declare a class of electors who may cast an electronically assisted vote in the election.

(3)An elector of a class declared under subsection (2) may cast an electronically assisted vote in the election.

(4)For the election, any procedures made under section 75A apply in relation to electors of a class declared under subsection (2).

(5)The electoral commission may make procedures about how electors may cast electronically assisted votes in an election.

(6)The procedures—

(a)must be published on the electoral commission’s website; and

(b)take effect when they are published on the electoral commission’s website or any later day stated in the procedures.

(7)If procedures made under subsection (5) are in effect for an election—

(a)the procedures apply in relation to electors who may cast an electronically assisted vote for the election under section 68(5B) or subsection (3); and

(b)to the extent of any inconsistency between the procedures under subsection (5) and any procedures under section 75A, the procedures under subsection (5) prevail; and

(c)a reference in this Act or a document to procedures approved under section 75A is taken to include a reference to the procedures under subsection (5).

200Z Distribution or display of how-to-vote cards or other election material

(1)This section applies if the electoral commission is satisfied that, having regard to the purpose of this part, it would be in the public interest to regulate, limit or prevent the distribution or display of how-to-vote cards or other election material at a polling booth for an election.

(2)The electoral commission may give a direction—

(a)about how, where or when how-to-vote cards may be distributed or displayed at a polling booth for the election; or

(b)prohibiting the distribution or display of how-to-vote cards or other election material at a polling booth for the election; or

(c)prohibiting a person from canvassing for votes in or near polling booths for the election; or

(d)permitting the display of political statements at a place mentioned in section 188(1) for the election.

(3)The direction must be published on the electoral commission’s website.

(4)A person must not contravene the direction, unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

(5)Section 188 does not apply to the display of a political statement permitted under the direction.

(6)In this section—

political statement see section 188(2).

200ZA Directions about candidates or scrutineers at particular places

(1)The electoral commission may give a direction for an election—

(a)regulating the number of scrutineers each candidate may have at a polling booth or another place where a scrutineer is entitled to be present under this Act; or

(b)prohibiting a candidate or scrutineer from being present at a polling booth or another place where the candidate or scrutineer would otherwise be entitled to be present under this Act.

Example of another place—

a place where votes for the election are to be counted

Example of a direction that may be given under paragraph (b)—

a direction prohibiting a scrutineer from accompanying an issuing officer under section 76

(2)However, the electoral commission may give a direction under subsection (1) only if the electoral commission is satisfied that, having regard to the purpose of this part, it would be in the public interest to give the direction.

(3)The direction must be published on the electoral commission’s website.

(4)A person must not contravene the direction, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(5)The direction applies despite section 59 or another provision of this Act that allows a candidate or scrutineer to be present at a polling booth or another place.

(6)Section 174(b) does not apply to the extent a scrutineer is prevented from entering a polling booth under the direction.

200ZB Direction about movement of candidates or scrutineers

(1)This section applies in relation to—

(a)the returning officer, a presiding officer for a polling booth or a member of the electoral commission’s staff who has been given a direction under section 96A (each an official); and

(b)a place (a relevant place) that is a polling booth or another place where a candidate or scrutineer is entitled to be present under this Act.

(2)The official may give a direction to a candidate or scrutineer at the relevant place if the official is satisfied that, having regard to the purpose of this part, it would be in the public interest to do so.

(3)The direction may be about—

(a)the movement of the candidate or scrutineer at the relevant place; or

(b)an area in the relevant place in which the candidate or scrutineer may or may not be; or

(c)the maximum number of scrutineers who may be in a particular area in the relevant place.

(4)The candidate or scrutineer must comply with the direction, unless the candidate or scrutineer has a reasonable excuse.

Maximum penalty—20 penalty units.

(5)A candidate or scrutineer does not commit an offence against subsection (4) unless the official giving the direction has warned the candidate or scrutineer that it is an offence not to comply with the direction unless the candidate or scrutineer has a reasonable excuse.

200ZC Counting of votes

(1)The returning officer may direct a member of the electoral commission’s staff to carry out the counting of votes for an election at a stated place.

(2)Votes may be counted at the place stated in the direction.

(3)The returning officer may arrange for the counting of votes for an election to be filmed by a member of the electoral commission’s staff.

200ZD Restriction on directions

(1)This section applies in relation to a provision of this part authorising the electoral commission, the returning officer, a presiding officer for a polling booth or a member of the electoral commission’s staff (each an official) to give a direction.

(2)The official must not give a direction under the provision—

(a)of a kind prescribed under section 200ZE(b) as a kind of direction that may not be given under the provision; or

(b)in circumstances prescribed under section 200ZE(b) as circumstances in which a direction may not be given under the provision.

200ZE Regulation about election

A regulation may make provision about a matter to facilitate the holding of an election in the way stated in section 200M, including, for example—

(a)enabling the electoral commission, the returning officer, a presiding officer for a polling booth or a member of the electoral commission’s staff who has a stated function in relation to the election to give a direction about any matter necessary to facilitate the holding of the election in the way stated in section 200M; and

(b)providing for a matter about directions given under a provision of this part or the regulation, including—

(i)a kind of direction that may not be given under the provision; and

(ii)circumstances in which a direction may not be given under the provision; and

(c)enabling the electoral commission to make procedures for the application of a provision of this part or the regulation for an election.

200ZF Matters about regulation under this part

(1)This section applies in relation to a regulation made under this part.

(2)The regulation may—

(a)create an offence and prescribe a maximum penalty of not more than 20 penalty units for the offence; and

(b)other than for creating an offence, have retrospective operation to a day not earlier than the commencement; and

(c)be inconsistent with this Act, the Local Government Act 2009 or the City of Brisbane Act 2010 including, for example, by modifying the application of part 4 of this Act in relation to an election, to the extent necessary to achieve the purpose of this part.

(3)The Minister may recommend to the Governor in Council the making of the regulation only if the Minister is satisfied that the regulation is necessary to achieve the purpose of this part.

(4)Also, the Minister must consult with the electoral commission before recommending to the Governor in Council the making of a regulation under this part.

(5)The regulation must declare that it is made under this part.

200ZG Expiry

This part and any regulation made under this part expire on the COVID-19 legislation expiry day.

29Insertion of new pt 11, div 5

Part 11—
insert—

Division 5 Transitional provision for COVID-19 Emergency Response and Other Legislation Amendment Act 2021

220Application of pt 9B to election

(1)Part 9B applies to an election mentioned in section 200N—

(a)whether notice of the election mentioned in section 200N(1)(a) was published before or after the commencement; and

(b)whether a regulation providing for the election to be held mentioned in section 200N(1)(b) was made before or after the commencement.

(2)Subsection (3) applies if, immediately before the expiry of part 9B under section 200ZG, anything required or permitted to be done under this Act in relation to an election mentioned in section 200N has not been done.

(3)Expired part 9B continues to apply for the election as if the expired part continued in effect.

30Regulation amended

This part amends the Local Government Regulation 2012.

31Amendment of s 277F (Expiry)

Section 277F, ‘30 June 2021’—
omit, insert—

the COVID-19 legislation expiry day

32Regulation amended

This part amends the State Penalties Enforcement Regulation 2014.

33Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

Schedule 1, entry for the Local Government Electoral Act 2011—
insert—

s 200Z(4)		1	-
s 200ZA(4)		2	-
s 200ZB(4)		2	-

© State of Queensland 2021