Coronavirus Economic Response Package (Jobkeeper Payments) Amendment Bill 2020 [2020] AUSStaCSBSD 138 (2 September 2020)

• Coronavirus Economic Response Package (Jobkeeper Payments) Amendment Bill 2020
• Broad delegation of legislative power
• Significant matters in delegated legislation 7

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Coronavirus Economic Response Package (Jobkeeper Payments) Amendment Bill 2020

Purpose	Schedule 1 to this bill seeks to extend the current time limit on payment rules authorised by the Coronavirus Economic Response Package (Payments and Benefits) Act 2020, and amends tax secrecy provisions to allow the disclosure of protected information relating to the JobKeeper scheme to Australian government agencies for administrative purposes Schedule 2 to this bill seeks to temporarily extend the operation of the JobKeeper scheme by providing employers with continued flexibility to assist employees to remain in employment and connected to their workplaces
Portfolio	Treasury
Introduced	House of Representatives on 26 August 2020

Broad delegation of legislative power
Significant matters in delegated legislation ^[7]

1.17 The bill seeks to extend the current time limit on delegated legislation made under the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 (the Act). In essence, this change facilitates the JobKeeper scheme, which is largely set out in delegated legislation, being extended to 28 March 2021 (currently it is scheduled to cease on 31 December 2020).

1.18 The committee commented on the Coronavirus Economic Response Package (Payments and Benefits) Bill 2020 in Scrutiny Digest 6 of 2020 and Scrutiny Digest 7 of 2020.^[8] In its comments, the committee noted that, while the JobKeeper scheme is only intended to operate for 10 months, from a scrutiny perspective, some of the matters that are to be provided for in delegated legislation (such as the core eligibility requirements for a payment and the obligations for recipients of payments) should have been included on the face of the primary legislation. The committee reiterates these views in light of the three month extension of the time limit on delegated legislation made under the Act.

1.19 The committee reiterates its previous scrutiny concerns regarding the leaving of significant matters relating to the JobKeeper scheme to delegated legislation in circumstances where it is proposed that the operation of the relevant delegated legislation is to be extended by three months.

1.1

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[7] Schedule 1, item 1. The committee draws senators’ attention to this provision pursuant to Senate Standing Order 24(1)(a)(ii) and (iv).

[8] Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 6 of 2020, 13 May 2020, pp. 5–7; Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 7 of 2020, 10 June 2020, pp. 47–49.