Parliament of Tasmania SUBORDINATE LEGISLATION
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(No. 6) 2020 Parliament of Tasmania PARLIAMENTARY STANDING COMMITTEE SUBORDINATE LEGISLATION SCRUTINY OF NOTICES ISSUED UNDER THE COVID-19 DISEASE EMERGENCY (MISCELLANEOUS PROVISIONS) ACT 2020 – REPORT 1 Members of the Committee Ms Ruth Forrest MLC Ms Alison Standen MP Ms Tania Rattray MLC (Chair) Mr Nic Street MP Ms Meg Webb MLC Mr John Tucker MP 2 The Committee was appointed under the provisions of Section 3 of the Subordinate Legislation Committee Act 1969 (No. 44 of 1969). Section 8 of the Act outlines the functions of the Committee, as follows – (a) to examine the provisions of every regulation, with special reference to the question whether or not – (i) the regulation appears to be within the regulation-making power conferred by, or in accord with the general objects of, the Act pursuant to which it is made; (ii) the form or purport of the regulation calls for elucidation; (iii) the regulation unduly trespasses on personal rights and liberties; (iv) the regulation unduly makes rights dependent on administrative decisions and not on judicial decisions; or (v) the regulation contains matters that, in the opinion of the Committee, should properly be dealt with by an Act and not by regulation; and (b) to make such reports and recommendations to the Legislative Council and the House of Assembly as it thinks desirable as the result of any such examination. COVID-19 DISEASE EMERGENCY (MISCELLANEOUS PROVISIONS) ACT 2020 – SCRUTINY OF NOTICES The Parliament of Tasmania passed the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (the Act) on 26 March 2020. The Act prescribes a role for the Joint Standing Committee on Subordinate Legislation in the scrutiny of certain notices under the Act. In response to this new scrutiny role, the Committee has given extensive consideration to an appropriate mechanism for it to report upon its deliberations on all notices gazetted under the Act in the interest of public transparency. The Committee will: • Meet twice weekly on Tuesdays and Fridays until further notice; • Publish a list of the notices to be discussed by the Committee, and documentation relating to notices to be examined by the Committee, to be published on the Committee website prior to each meeting; and • Present regular reports to Parliament, which will contain further information in relation to the completed examinations of notice. Notice Under Section 22 (Residential Tenancies) The Committee examined the Notice at its meeting on Friday 24 April and Resolved the Notice be examined, noting that it was consistent with the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 and the intent of the Parliament. 3 Notice Under Section 17 (Local Government) The Committee examined the Notice at its meeting on Friday 24 April and Resolved the Notice be examined, noting that it was consistent with the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 and the intent of the Parliament. A copy of supporting information received and minutes covering these notices is attached to the report for completeness. Tania Rattray MLC 28 April 2020 CHAIR Notice under section 22 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 relating to residential tenancies Background: The Residential Tenancy Act 1997 (the RT Act) regulates the lease of premises for a residential purpose in Tasmania. The COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (the COVID-19 Act) included amendments to the RT Act to provide greater protections for tenants and to support social distancing for an ‘emergency period’. This included a protection for tenants from being evicted for rent arrears. The ‘emergency period’ is for an initial 120 days and may be extended by 90 days, as necessary. Section 22 of the COVID-19 Act also provided for the Minister, by Notice, to provide further protections to prevent terminations or rent increases, for a lease or class of leases. On 2 April 2020, the Premier approved a Notice (the Notice) under section 22 of the COVID-19 Act to further restrict terminations for a period of 90 days. Scope of Notice: The Notice applies to all leases that are a residential tenancy agreements for the purposes of the RT Act. The Notice is for a period of 90 days. At this time, it can be revoked, amended or extended. The Notice prevents termination by notice to vacate issued by the owner under section 42 of the RT Act, with the following exceptions: o a notice to vacate, relating to a lease of no fixed period, issued by the owner prior to the date of the Notice, relating to sale of property. This exception is designed to ensure that property transactions, which took place prior to the Notice being issued, are not frustrated by the inability to deliver vacant possession. o a notice to vacate issued by the owner relating to use of the property for an unlawful purpose (as outlined in section 52 of the RT Act). This exception is to ensure that protections are not provided to tenants who break the law. Subject to these exceptions, a notice to vacate given by an owner to a tenant is of no effect during the period of the Notice, but will take effect after that time. The Notice does not restrict the termination of an agreement by the tenant, by mutual agreement or by Order of the Residential Tenancy Commissioner as a result of severe hardship (as outlined in section 38A of the RT Act). The Notice does not prevent termination by Order of the Court relating to violence or wilful damage (as outlined in section 41 of the RT Act). [195] VOL. CCCXXXIV OVER THE COUNTER SALES $3.40 INCLUDING G.S.T. TASMANIAN GOVERNMENT • U • B E AS RT LIT AS•ET•FIDE GAZETTE PUBLISHED BY AUTHORITY FRIDAY 3 APRIL 2020 No. 21 961 ISSN 0039-9795 COVID-19 Disease Emergency TASMANIA COVID-19 DISEASE EMERGENCY (MISCELLANEOUS PROVISIONS) ACT 2020 NOTICE UNDER SECTION 22 I, PETER CARL GUTWEIN, the Premier, in pursuance of section 22 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020, declare that, despite any provision of a lease, in relation to premises, that is a residential tenancy agreement to which the Residential Tenancy Act 1997 (“the Act”) applies – (a) the lease may not be terminated within the emergency period if there is, in relation to the premises, a notice to vacate that is served within that period on the tenant in relation to the premises, except – (i) if the lease is terminated by an order under section 38A of the Act; or (ii) with the agreement of the tenant; and (b) the lease may not be terminated within the emergency period if there is, in relation to the premises, a notice to vacate that is served, before the day on which this notice takes effect, on the tenant in relation to the lease and the tenant has not, before that day, delivered vacant possession of the premises to the landlord, except if – (i) the lease is not a fixed term lease, within the meaning of the Act; and (ii) the notice to vacate is served on the tenant because the premises are to be sold; and (c) the lease may not be terminated within the emergency period if there is, in relation to the premises, a notice to vacate, for the reasons referred to in section 42(1)(a) of the Act, that is served on the tenant in relation to a failure of the tenant to comply with section 52 of the Act – and specify that this notice remains in effect for the period of 90 days after it takes effect. Dated this 2nd day of April 2020. PETER GUTWEIN Premier 196 TASMANIAN GOVERNMENT GAZETTE 3 APRIL 2020 Disclaimer. Products and services advertised in this publication are not endorsed by the State of and the State does not accept any responsibility for the content or quality of reproduction. The Contractor reserves the right to reject any advertising material it considers unsuitable for government publication. Copyright. The Tasmanian Government Gazette and Tasmanian State Services are subject to the Copyright Act. No part of any material published in the Tasmanian Government Gazette or the Tasmanian State Services Notices may be reproduced except in accordance with the Copyright Act. Printed by Acrodata Tasmania Pty Ltd under authority of the Government of the State of Tasmania. .^ i'sV, NIL PREMIER OF TASMANIA 9 APR 2020 Mr Stuart Wright Secretary joint Standing Committee on Subordinate Legislation Parliament House HOBART TAS 7000 Dear I"Ir Wright Notice Under Section 17 and Notice Under Sections 18 and 19 of the CowD-19 Disease Emergency (Misce"oneous Provisions) Act 2020 for the consideration of the joint Standing Committee on Subordinate Legislation On 3 April2020, a Notice Under Section 17 and a Notice Under Sections 18 and 19 of the CowD- 19 Disease Emergency (Alliscelloneous Provisions) Act 2020 (the CoVID- 19 Act) were published in the Tasmanian Government Gazette. The Notices support business and service continuity for local councils during the CoVID- 19 pandemic emergency. Section 7(3) of the Act specifies that, if a Nilnister issues a notice under the Act, he or she, within 14 days, is to send to the joint Standing Committee on Subordinate Legislation (the Committee) a copy of the notice. Section 7(4) of the Act specifies that, sections 7(4), 8 and 9 of the Subordnote Legislation Committee Act 1969 apply to a copy of a notice sent to the Committee under section 7(3) of the CoVID-19 Act as if the notice were regulations. Please find attached copies of the following documents: . Notice Under Seation 17 of the CoVID-19 Act Ooferto Attachment I); .