COVID-19 Emergency Response Act 2020.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The COVID-19 Emergency Response Act 2020 makes temporary modification to the law of the State in response to the COVID-19 pandemic and for other purposes. The Act is organised in 2 Parts (Part 1 – Preliminary and Part 2 - General Provisions), and 2 Schedules (Schedule 1 - Special provisions relating to detention of certain protected persons during COVID-19 pandemic; Schedule 2 – Temporary modifications to particular State Laws).
Provisions under Part 2 are miscellaneous and include regulations aimed at protecting, under different circumstances and contract types, tenants, and other subjects, suffering from a financial hardship as a result of the COVID-19 pandemic (Section 7 to 10A). Modifications follow: 7) Provisions for commercial leases - the Act authorises the Governor to make regulations that can modify conditions of lease, obligations under the lease, circumstances of hardship, dispute resolution and fines, or regulations prohibiting, limiting or modifying the exercise or enforcement of the rights of a lessor, among others; 8) Provisions for residential tenancies - the Act makes modifications to Residential Tenancies Act 1995 (e.g. the landlord must not increase the rent payable if the tenant is suffering financial hardship; an act or omission of the tenant in response to the COVID-19 pandemic will be taken not to amount to a breach of a residential tenancy agreement or otherwise amount to grounds for termination of the agreement); 9) Provisions for residential parks - the Act extends modification to Residential Tenancies Act 1995 to residential parks; 10) Provisions applying to supported residential facilities – the Act modifies the Supported Residential Facilities Act 1992 (e.g. ground for termination of resident contract cannot be failure of the resident to pay fees and charges, proprietor cannot increase fees and charges payable in relation to a resident contract); 10A) Provisions relating to certain community visitors. as for residential leases, a reference to the payment of rent will be taken to include a reference to the payment of an amount relating to water supply and usage.
Section 14 to 23, under Part 2, entail provisions related to different aspects: 14) general extension of time limits of anything, any appointment or circumstance, that needs to be done at a particular time or within a particular period or that ceases and expire at a particular time or exists for a particular period; 16) 17) and 18) contain modification to the requirements relating to the preparation, signing, witnessing, attestation, certification, stamping or other treatment of any document, forms of communication and meetings; 19), 20) and 21) provide further general powers to the Governor to make a Regulation to protect tenants suffering financial hardship due to COVID-19 pandemic; 22) General exemption from civil or criminal liability for any Authority or person acting in good faith for the purpose of applying this Act.
Schedule 2 makes temporary modifications to several State Laws. To what concern Aboriginal Lands Parliamentary Standing Committee Act 2003, Environment Protection Act 1993, and Planning, Development and Infrastructure Act 2016 modifications are related to time limits, meetings and communication systems and payment forms. Schedule 2 also modifies National Electricity (South Australia) Act 1996 providing powers to the Governor to make regulations modifying the operation of the rules under the National Electricity Law for the purpose of protecting the reliability and security of the South Australian power system.
Provisions under Part 2 are miscellaneous and include regulations aimed at protecting, under different circumstances and contract types, tenants, and other subjects, suffering from a financial hardship as a result of the COVID-19 pandemic (Section 7 to 10A). Modifications follow: 7) Provisions for commercial leases - the Act authorises the Governor to make regulations that can modify conditions of lease, obligations under the lease, circumstances of hardship, dispute resolution and fines, or regulations prohibiting, limiting or modifying the exercise or enforcement of the rights of a lessor, among others; 8) Provisions for residential tenancies - the Act makes modifications to Residential Tenancies Act 1995 (e.g. the landlord must not increase the rent payable if the tenant is suffering financial hardship; an act or omission of the tenant in response to the COVID-19 pandemic will be taken not to amount to a breach of a residential tenancy agreement or otherwise amount to grounds for termination of the agreement); 9) Provisions for residential parks - the Act extends modification to Residential Tenancies Act 1995 to residential parks; 10) Provisions applying to supported residential facilities – the Act modifies the Supported Residential Facilities Act 1992 (e.g. ground for termination of resident contract cannot be failure of the resident to pay fees and charges, proprietor cannot increase fees and charges payable in relation to a resident contract); 10A) Provisions relating to certain community visitors. as for residential leases, a reference to the payment of rent will be taken to include a reference to the payment of an amount relating to water supply and usage.
Section 14 to 23, under Part 2, entail provisions related to different aspects: 14) general extension of time limits of anything, any appointment or circumstance, that needs to be done at a particular time or within a particular period or that ceases and expire at a particular time or exists for a particular period; 16) 17) and 18) contain modification to the requirements relating to the preparation, signing, witnessing, attestation, certification, stamping or other treatment of any document, forms of communication and meetings; 19), 20) and 21) provide further general powers to the Governor to make a Regulation to protect tenants suffering financial hardship due to COVID-19 pandemic; 22) General exemption from civil or criminal liability for any Authority or person acting in good faith for the purpose of applying this Act.
Schedule 2 makes temporary modifications to several State Laws. To what concern Aboriginal Lands Parliamentary Standing Committee Act 2003, Environment Protection Act 1993, and Planning, Development and Infrastructure Act 2016 modifications are related to time limits, meetings and communication systems and payment forms. Schedule 2 also modifies National Electricity (South Australia) Act 1996 providing powers to the Governor to make regulations modifying the operation of the rules under the National Electricity Law for the purpose of protecting the reliability and security of the South Australian power system.
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Long title of text
An Act to make various temporary modifications of the law of the State in response to the COVID-19 pandemic and for other purposes.
Repealed
No
Source language
English
Legislation Amendment
No