Queensland Consolidated Acts

COVID-19 EMERGENCY RESPONSE ACT 2020 - SECT 25

25 Transitional regulation-making power

(1) A regulation (the
"transitional regulation" ) may make provision about a matter for which—

(a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of an affected law, as modified by a COVID-19 law, to the operation of the affected law after the expiry of the COVID-19 law; and

(b) this Act or the affected law does not make provision or sufficient provision.

(2) The transitional regulation may have retrospective operation to a day not earlier than the day the COVID-19 law expires.

(3) The transitional regulation may be inconsistent with the affected law, and any other Act, to the extent necessary to achieve the transition mentioned in subsection (1).

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

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

(6) 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).

(7) The transitional regulation for a COVID-19 law expires on the earlier of the following days—

(a) the day that is 2 years after the day the COVID-19 law expires;

(b) the day this Act expires under section 24AA(2).

(8) In this section—

"affected law" means—

(a) an Act under which an extraordinary regulation has been made; or

(b) the Residential Tenancies and Rooming Accommodation Act 2008; or

(c) the Retail Shop Leases Act 1994; or

(d) another Act of which a COVID-19 law is a provision or was a provision before it expired.

"COVID-19 law" means—

(a) an extraordinary regulation, or a provision of an extraordinary regulation, even if the extraordinary regulation or provision expired before the commencement; or

(b) a regulation made under section 23 or 24, or a provision of a regulation made under section 23 or 24, even if the regulation or provision expired before the commencement; or

(c) a provision of an Act mentioned in schedule 1AA, even if the provision expired before the commencement.

"expiry" includes repeal.