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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-05-06 Daily Xml
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COVID-19 Emergency Response (Expiry) (No 2) Amendment Bill

Second Reading

The Hon. R.I. LUCAS (Treasurer) (15:50): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the detailed explanation of clauses inserted in Hansard without my reading them.

Leave granted.

Mr President, I am pleased to introduce the COVID-19 Emergency Response (Expiry) (No 2) Amendment Bill 2021.

Measures to reduce the spread of COVID-19 have been fundamental to this State's ongoing successful response to the pandemic to keep the community safe.

The Declaration of Major Emergency, in place since 22 March 2020 last year, provides the authorising context for the important social distancing and public health measures issued by the State Coordinator through Directions.

The COVID-19 Emergency Response Act 2020 amended South Australian legislation to temporarily adjust some legislative requirements that are difficult to satisfy during a pandemic.

The COVID Act came into effect in April 2020 last year and will expire on 31 May.

This Bill proposes to extend the operation of the COVID Act to 28 days after the day on which all relevant declarations relating to the outbreak of COVID-19 within South Australia have ceased or 17 September 2021, whichever is the earlier.

While it is essential that the COVID Act be extended, there are a number of measures that were implemented in the early days of the pandemic that are no longer necessary. As a result, the Attorney will be expiring the following provisions of the COVID Act as of 31 May 2021:

Section 14 which allowed for extension of time limits and terms of appointment;

Schedule 1 which contains special provisions relating to the detention of certain protected persons during the COVID-19 pandemic;

Part A1 of Schedule 2 which reverses the presumption of bail for certain offences;

Part B1 of Schedule 2 which amends the Development Act 1993;

Clause 3(a) of Part 3 of Schedule 2 which modifies the process of the Parliamentary Works Committee;

Part 3A of Schedule 2 which amends the Planning, Development and Infrastructure Act 2016.

Sections 8, 9 and 10 which deal with residential tenancies, residential parks and supported residential facilities will also be expired on 30 June. This gives a reasonable notice period for those who are still using these provisions. This will also allow transitional regulations to be made for SACAT orders made under these provisions.

There is also a Bill currently before the Parliament which makes a number of the provisions of the COVID Act permanent. Once that Bill passes through the Parliament, the respective provisions of the COVID Act will also be expired.

Once the provisions that are no longer necessary are expired, there will be just a few provisions left in the COVID Act that include the following:

Amendments to the Criminal Law Consolidation Act 1935 to expand the offences against prescribed emergency workers to include people working in pharmacies and providing pharmacy services.

Amendments to the Emergency Management Act 2004 to clarify the scope of directions given by the State Co-ordinator and authorised officers under section 25.

Extending these provisions is necessary for the ongoing management of the risk of COVID-19 in South Australia. When the COVID Act was first introduced a number of initiatives were needed to support South Australians who were doing it tough and better protect the community. Things have changed significantly and there is now no need for many of these measures. However we have not yet returned to a pre-pandemic way of life, and it is necessary to have certain measures in place to assist in the management of the pandemic by the State Co-ordinator and to protect our emergency workers, especially for those who will be administering the vaccine.

Mr President, our emergency response to date has kept South Australia safe and strong.

I commend the Bill to Members and I table the Explanation of Clauses.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal.

Part 2—Amendment of COVID-19 Emergency Response Act 2020

3—Amendment of section 6—Expiry of Act

This clause amends section 6 of the principal Act to extend the date on which the Act expires to 17 September 2021.

Debate adjourned on motion of Hon. I.K. Hunter.

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