The Federal and State Governments around Australia are waging a war on two fronts, having passed legislation designed to protect both our population and economy.
In line with heath advice the NSW Government has passed the COVID-19 LEGISLATION AMENDMENT (EMERGENCY MEASURES) ACT 2020 which commenced on 25 March 2020
According to the Second Reading Speech; the new emergency legislation has the following objectives:
1. To address barriers in the law that may get in the way of social distancing;
2. To empower government agencies and institutions to continue functioning;
3. To build flexibility so that Government can act further as the public emergency evolves.
The Emergency Legislation has introduced a number of temporary changes to 20 NSW Acts to deal with the effects of COVID-19.
Due to the extraordinary nature of some of the changes; the amendments will have a limited time span with sunset dates of between 6 months to 12 months.
In addition, New South Wales has set up a special COVID-related section that has been set up on the home page of the NSW legislation website which provides the links in one place to all the NSW COVID-related legislation, whether it’s gazetted, assented to or notified.
Appearing on the following page are some of the key changes that have been introduced.
S10.17
a) vital services,
b) To transform buildings into temporary hospitals,
c) to transform community centers into homeless shelters and
d) to convert restaurants to dark kitchens
S10.18
Part 11
The new laws give the Minister powers to make regulations which may prohibit a landlord:
At the time of writing no regulations have been introduced.
Once made the regulations will last for 6 months or an earlier date as may be decided by Parliament.
The Amendments apply to “Agricultural Tenancies Act 1990; Retail Leases Act 1994 and “any other Act relating to the leasing of premises or land for commercial purposes…”
It is presently unclear if commercial premises will be affected by future regulations.
Part 13
The new laws give the Minister powers to make regulations which may prohibit a landlord:
At the time of writing no regulations have been introduced.
Once made the regulations will last for 6 months or an earlier date as may be decided by Parliament.
The ‘relevant Act’ is the Boarding Houses Act 2012 (NSW), Residential (Land Lease) Communities Act 2013 (NSW), Residential Tenancies Act 2010 (NSW) or any other Act relating to the leasing of premises or land for residential purposes.
S747A
S747B
S318B
We know that are our construction and commercial clients will feel overwhelmed with the many changes that are being introduced.
We look forward to continuing our support to our clients during these challenging times.
Should you require further information please contact David Glinatsis, John Hodgkinson and Anthony Herron from our office.
For more information please go to our website.
David Glinatsis (Director, Kreisson). For more information, contact us at excellence@kreisson.com.au or on 02 8239 6500.
This communication is sent by Kreisson Legal Pty Limited (ACN 113 986 824). This communication has been prepared for the general information of clients and professional associates of Kreisson Legal. You should not rely on the contents. It is not legal advice and should not be regarded as a substitute for legal advice. The contents may contain copyright.
Managing Director
8239 6502 | David.Glinatsis@Kreisson.com.au