Petition updateStop State of Emergency powers being in extended in QLD TO OCT 22

Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022

Andrea DUCKETTQld, Australia

Feb 25, 2022

https://documents.parliament.qld.gov.au/tp/2022/5722T165-AFA6.pdf

Contents
Part 1
1
2
Part 2 3
4
Part 3
5 6 7
8 9
Part 4
10
11 Part 5 12
13
14
Page
Preliminary
Shorttitle ........................................... 6
Commencement ..................................... 6
Amendment of Acts Interpretation Act 1954
Actamended ........................................ 6
Amendment of sch 1 (Meaning of commonly used words and expressions) ....................... 7
Amendment of Corrective Services Act 2006
Actamended ........................................ 7 Omission of s 351B (Modification of s 228 (Acting appointments)) 7 Amendment of s 351C (Modification of s 268 (Declaration of emergency)).......... 7 Insertionofnews351D................................ 8 351D Additional procedure for entry to corrective services facility 8
Amendmentofs351E(Expiryofpart) ....................
Amendment of Corrective Services and Other Legislation Amendment Act 2020
9
Actamended ........................................ Amendmentofs2(Commencement) ..................... Amendment of COVID-19 Emergency Response Act 2020 Actamended ........................................ 10 Insertionofnewpt8AA ................................ 10 Part 8AA Expiry
24AA Expiry .................................... 10 Amendment of s 25 (Transitional regulation-making power) . . . . 10
9 9

....... 13
Amendment of Public Health Act 2005
Actamended ........................................ 14 Amendmentofs315(Definitionsforch8) ...... 14

Insertionofnewch8,pt7A,div7 .. 14

Division 7 Expiry of part

362MAJ Expiryofpart ............................... 14
Amendmentofs362MG(Expiryofpart) .......... 14
Amendmentofs362Q(Expiryofpart) ............ 15
Amendmentofsch2(Dictionary) .................. 15
Amendment of Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Act 2021
Actamended ........................................ 15 Amendmentofs2(Commencement) ........... 15

Amendment of pt 4, div 3, hdg (Amendment commencing on 1 .................... 16
Amendment of Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020
Actamended ........................................ 16 Amendmentofs2(Commencement) .......... 16
Page 2
Authorised by the Parliamentary Counsel

Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022 Contents
35
36
37
Part 12
38
Schedule 1 Part 1
Part 2
Amendment of pt 11, div 3, hdg (Amendments commencing on 1 May 2022................ 16
Omission of s 45 (Omission of ch 8, pt 7A (Particular powers for COVID- ............ 17
Amendmentofs46(Insertionofnews498)...... 17
Minor and consequential amendments
Legislationamended .................................. 17
Minorandconsequentialamendments .......... 18
Amendment commencing on day after COVID-19 legislation expiry day
COVID-19EmergencyResponseAct2020........18
Other amendments
ActsInterpretationAct1954 ................ 18 PublicHealthAct2005 ........................ 19

Queensland
Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022

Queensland
Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022
Contents
Part 1
1
2
Part 2 3
4
Part 3
5 6 7
8 9
Part 4
10
11 Part 5 12
13
14
Page
Preliminary
Shorttitle ........................................... 6
Commencement ..................................... 6
Amendment of Acts Interpretation Act 1954
Actamended ........................................ 6
Amendment of sch 1 (Meaning of commonly used words and expressions) ........................................ 7
Amendment of Corrective Services Act 2006
Actamended ........................................ 7 Omission of s 351B (Modification of s 228 (Acting appointments)) 7 Amendment of s 351C (Modification of s 268 (Declaration of emergency))
.................................................. 7 Insertionofnews351D................................ 8 351D Additional procedure for entry to corrective services facility 8
Amendmentofs351E(Expiryofpart) ....................
Amendment of Corrective Services and Other Legislation Amendment Act 2020
9
Actamended ........................................ Amendmentofs2(Commencement) ..................... Amendment of COVID-19 Emergency Response Act 2020 Actamended ........................................ 10 Insertionofnewpt8AA ................................ 10 Part 8AA Expiry
24AA Expiry .................................... 10 Amendment of s 25 (Transitional regulation-making power) . . . . 10
9 9

Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022 Contents
15
Part 6
16
17 Part 7
18 19 20
Part 8
21 22
23
Part 9
24 25 26
27
28
29
Part 10
30 31 32
Part 11
33 34
Insertionofnewpt9,div4 ............................. 11
Division 4 Transitional provision for Public Health and Other Legislation (Extension of Expiring Provisions)
Amendment Act 2022
28 Applicationofs25 ........................... 11
Amendment of Disaster Management Act 2003
Actamended ........................................ 12
Amendmentofs138B(Expiryofpart) .................... 12
Amendment of Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020
Actamended ........................................ 12 Amendmentofs2(Commencement) ..................... 12
Amendment of pt 16, div 3, hdg (Amendments commencing on 1 May 2022) .............................................. 13
Amendment of Mental Health Act 2016
Actamended ........................................ 13
Amendment of s 800I (Power of chief psychiatrist to approve absences duringCOVID-19emergencyperiod) ..................... 13
Amendmentofs800P(Expiryofchapter) ................. 13
Amendment of Public Health Act 2005
Actamended ........................................ 14 Amendmentofs315(Definitionsforch8) ................. 14 Insertionofnewch8,pt7A,div7 ........................ 14 Division 7 Expiry of part
362MAJ Expiryofpart ............................... 14
Amendmentofs362MG(Expiryofpart) ................... 14
Amendmentofs362Q(Expiryofpart) .................... 15
Amendmentofsch2(Dictionary) ........................ 15
Amendment of Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Act 2021
Actamended ........................................ 15 Amendmentofs2(Commencement) ..................... 15 Amendment of pt 4, div 3, hdg (Amendment commencing on 1 May 2022)
.................................................. 16
Amendment of Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020
Actamended ........................................ 16 Amendmentofs2(Commencement) ..................... 16
Page 2
Authorised by the Parliamentary Counsel

Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022 Contents
35
36
37
Part 12
38
Schedule 1 Part 1
Part 2
Amendment of pt 11, div 3, hdg (Amendments commencing on 1 May 2022) .............................................. 16
Omission of s 45 (Omission of ch 8, pt 7A (Particular powers for COVID- 19emergency)) ...................................... 17
Amendmentofs46(Insertionofnews498)................ 17
Minor and consequential amendments
Legislationamended .................................. 17
Minorandconsequentialamendments .................. 18
Amendment commencing on day after COVID-19 legislation expiry day
COVID-19EmergencyResponseAct2020 ................ 18
Other amendments
ActsInterpretationAct1954 ............................ 18 PublicHealthAct2005 ................................ 19
Authorised by the Parliamentary Counsel
Page 3

2022 A Bill
for
An Act to amend the Acts Interpretation Act 1954, the Corrective Services Act 2006, the Corrective Services and Other Legislation Amendment Act 2020, the COVID-19 Emergency Response Act 2020, the Disaster Management Act 2003, the Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020, the Mental Health Act 2016, the Public Health Act 2005, the Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Act 2021 and the Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020 for particular purposes

Clause 1
Clause 2
Short title
3
Clause
15 Amendment of Acts 16
Interpretation Act 1954 17
18 This part amends the Acts Interpretation Act 1954. 19 Note— 20 See also the amendment in schedule 1, part 2. 21
Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022 Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts— 1
Part 1 Preliminary 2
(1)
(2)
Part 2
7 The following provisions commence on the day after the 8
COVID-19 legislation expiry day— 9
(a) sections 7 and 8; 10
(b) part 12; 11
(c) schedule 1, part 1. 12
Schedule 1, part 2 commences on the day that is 2 days after 13 the day the Public Health Act 2005, chapter 8, part 7A 14
3 Act amended
This Act may be cited as the Public Health and Other 4 Legislation (Extension of Expiring Provisions) Amendment 5 Act 2022. 6
Commencement
expires.
Page 6
Authorised by the Parliamentary Counsel

Clause
Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022 Part 3 Amendment of Corrective Services Act 2006
[s 4]
4 Amendment of sch 1 (Meaning of commonly used words 1 and expressions) 2
Clause 5
Clause 6
Clause 7
Act amended
insert—
Part 3
4 COVID-19 public health legislation expiry day 5
see the Public Health Act 2005, section 315. 6 Amendment of Corrective 7
Services Act 2006 8 9
Schedule 1— 3
This part amends the Corrective Services Act 2006. 10 Omission of s 351B (Modification of s 228 (Acting 11
appointments)) 12 Section 351B— 13 omit. 14
Amendment of s 351C (Modification of s 268 (Declaration
of emergency)) 16
Section 351C, from ‘as if’— 17 omit, insert— 18 as if— 19
(a) a reference in section 268 to a prison were a 20 reference to a corrective services facility; 21 and 22
(b) a reference in section 268(2) to 3 days were 23
a reference to 90 days; and
(c) section 268(3) were replaced by—
24 25
15
Authorised by the Parliamentary Counsel
Page 7

Clause 8
Insertion of new s 351D
After section 351C—
insert—
Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022 Part 3 Amendment of Corrective Services Act 2006
[s 8]
(3)
The declaration lapses on the earlier of 1 the following days unless it is sooner 2 revoked by the chief executive or 3 another declaration is made to take 4 effect— 5
(a) the day that is the end of the stated 6 period; 7
(b) the day that is the end of the 8 COVID-19 emergency period. 9
10 11 12
351D Additional procedure for entry to corrective 13 services facility 14
(1) This section applies if a declaration of emergency 15 is in force for a corrective services facility under 16 section 268, as applied under section 351C. 17
(2) The chief executive may require any person 18 entering, or attempting to enter, the corrective 19 services facility to be screened for COVID-19, 20 including by taking the temperature of the person. 21
(3) Subsection (4) applies if the person conducting 22 the screening (the examiner) is of the opinion 23 that— 24
(a) the person is exhibiting flu-like symptoms; 25 or 26
(b) the person’s temperature, when taken under 27 subsection (2), is more than 37.5 degrees 28 Celsius. 29
(4) The chief executive may, on the advice of the 30 examiner, refuse to allow the person to enter the 31 corrective services facility. 32
Page 8
Authorised by the Parliamentary Counsel

Clause
Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022 Part 4 Amendment of Corrective Services and Other Legislation Amendment Act 2020
[s 9]
9 Amendment of s 351E (Expiry of part) 1 Section 351E, ‘COVID-19 legislation expiry day’— 2 omit, insert— 3
Clause 10
Clause 11
Act amended
Part 4
COVID-19 public health legislation expiry day 4
Amendment of Corrective 5 Services and Other Legislation 6 Amendment Act 2020 7
8 This part amends the Corrective Services and Other 9
Legislation Amendment Act 2020. 10 Editor’s note— 11 The legislation ultimately amended is the Corrective Services Act 2006. 12
insert— 15
(1AA) Section 36 commences on the day the Public 16 Health and Other Legislation (Extension of 17 Expiring Provisions) Amendment Act 2022, 18 section 6 commences.
Amendment of s 2 (Commencement)
13 (1) Section 2, before subsection (1)— 14
(2) Section 2(1)(a)—
omit, insert—
(a)
section 41;
19 20 21 22
Authorised by the Parliamentary Counsel
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Clause
Clause
Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022 Part 5 Amendment of COVID-19 Emergency Response Act 2020
[s 12]
Part 5 Amendment of COVID-19 1 Emergency Response Act 2020 2
2020. 5 Note— 6 See also the amendment in schedule 1, part 1. 7
Clause
(1) Parts 2 to 5 and 8 expire on the COVID-19 13 legislation expiry day. 14
(2) This Act expires on the day that is 2 years after the 15 COVID-19 public health legislation expiry day. 16
14 Amendment of s 25 (Transitional regulation-making
power) 18
Section 25(7)— 19 omit, insert— 20
12 Act amended
3 This part amends the COVID-19 Emergency Response Act 4
13 Insertion of new pt 8AA
After part 8—
insert—
Part 8AA 24AA Expiry
8 9 10
Expiry 11 12
(7)
The transitional regulation for a COVID-19 law 21 expires on the earlier of the following days— 22
(a) the day that is 2 years after the day the 23 COVID-19 law expires; 24
(b) the day this Act expires under section 25 24AA(2). 26
17
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Authorised by the Parliamentary Counsel

Clause 15
[s 15]
Insertion of new pt 9, div 4 1
Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022 Part 5 Amendment of COVID-19 Emergency Response Act 2020
Part 9—
insert—
Division 4
2
3 Transitional provision for 4 Public Health and Other 5 Legislation (Extension of 6 Expiring Provisions) 7 Amendment Act 2022 8
28
Application of s 25 9
(1) This section applies on the expiry of parts 2 to 5 10
and 8. 11
Note— 12
See section 24AA(1) in relation to the expiry of parts 2 13 to 5 and 8. 14
(2) Section 25 applies as if— 15
(a) a reference in section 25(8), definitions 16 affected law, paragraph (a) and COVID-19 17 law, paragraph (a) to an extraordinary 18 regulation were a reference to— 19
(i) an extraordinary regulation within the 20 meaning of former section 5; or 21
(ii) a regulation taken to be an 22 extraordinary regulation under former 23 section 16(3); and 24
(b) a reference in section 25(8), definition 25 COVID-19 law, paragraph (b) to section 24 26 were a reference to former section 24. 27
(3) In this section— 28
former, for a provision of this Act, means the 29 provision as in force from time to time before its 30
expiry under section 24AA(1). Authorised by the Parliamentary Counsel
31
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Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022 Part 6 Amendment of Disaster Management Act 2003
[s 16]
Part 6 Amendment of Disaster 1 Management Act 2003 2
Clause 16
Clause 17
Clause
Clause
18 Act amended
Part 7
Act amended
3 This part amends the Disaster Management Act 2003. 4
omit, insert— 7 COVID-19 public health legislation expiry day 8
Amendment of Justice and 9 Other Legislation (COVID-19 10 Emergency Response) 11 Amendment Act 2020 12
13 This part amends the Justice and Other Legislation 14
(COVID-19 Emergency Response) Amendment Act 2020. 15 Editor’s note— 16 The legislation ultimately amended is the Public Health Act 2005. 17
omit, insert— 20 the day after the COVID-19 public health 21
legislation expiry day 22
Amendment of s 138B (Expiry of part)
5 Section 138B, ‘COVID-19 legislation expiry day’— 6
19 Amendment of s 2 (Commencement)
18 Section 2(2), ‘1 May 2022’— 19
Page 12
Authorised by the Parliamentary Counsel

Clause
Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022 Part 8 Amendment of Mental Health Act 2016
[s 20]
20 Amendment of pt 16, div 3, hdg (Amendments 1 commencing on 1 May 2022) 2
Clause 21
Clause 22
Act amended
Clause 23
Part 8
Part 16, division 3, heading, ‘1 May 2022’— 3
omit, insert— 4
day after COVID-19 public health legislation 5 expiry day 6
Amendment of Mental Health 7 Act 2016 8
9 This part amends the Mental Health Act 2016. 10
Amendment of s 800I (Power of chief psychiatrist to 11 approve absences during COVID-19 emergency period) 12
Section 800I(3)(b), ‘30 April 2022’— 13
omit, insert— 14
the COVID-19 public health legislation expiry 15 day 16
Amendment of s 800P (Expiry of chapter) 17 Section 800P, ‘30 April 2022’— 18 omit, insert— 19
the COVID-19 public health legislation expiry 20
day
21
Authorised by the Parliamentary Counsel
Page 13

Clause
Clause
24 Act amended
Clause
26 Insertion of new ch 8, pt 7A, div 7
Chapter 8, part 7A—
insert—
Division 7
362MAJ Expiry of part 19
This part expires on the COVID-19 public health 20 legislation expiry day. 21
27 Amendment of s 362MG (Expiry of part) 22 Section 362MG, ‘30 April 2022’— 23 omit, insert— 24
Clause
Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022 Part 9 Amendment of Public Health Act 2005
[s 24]
Part 9 Amendment of Public Health 1 Act 2005 2
3 This part amends the Public Health Act 2005. 4 Note— 5 See also the amendments in schedule 1, part 2. 6
25 Amendment of s 315 (Definitions for ch 8) 7 Section 315— 8 insert— 9
COVID-19 public health legislation expiry day 10 means the earlier of the following days— 11
(a) the day the COVID-19 emergency ends 12 under section 324(1); 13
(b) 31 October 2022. 14
Expiry of part 18
15 16 17
Page 14
Authorised by the Parliamentary Counsel

Clause
Clause
28 Amendment of s 362Q (Expiry of part)
Clause 30
Clause 31
10 COVID-19 public health legislation expiry day, 11
for chapter 8, see section 315. 12
Amendment of Public Health 13 and Other Legislation 14 (Extension of Expiring 15 Provisions) Amendment Act 16 2021 17
18 This part amends the Public Health and Other Legislation 19
(Extension of Expiring Provisions) Amendment Act 2021. 20 Editor’s note— 21 The legislation ultimately amended is the Public Health Act 2005. 22
Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022
Part 10 Amendment of Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Act 2021
[s 28]
the COVID-19 public health legislation expiry 1 day 2
3 Section 362Q, ‘30 April 2022’— 4
omit, insert— 5 the COVID-19 public health legislation expiry 6
day 7
29 Amendment of sch 2 (Dictionary) 8 Schedule 2— 9
insert—
Part 10
Act amended
Amendment of s 2 (Commencement)
Section 2, ‘1 May 2022’—
omit, insert—
23 24 25
Authorised by the Parliamentary Counsel
Page 15

[s 32]
Clause 32
the day after the COVID-19 public health 1 legislation expiry day 2
Amendment of pt 4, div 3, hdg (Amendment commencing
on 1 May 2022) 4
Part 4, division 3, heading, ‘1 May 2022’— 5
omit, insert— 6
day after COVID-19 public health legislation 7 expiry day 8
Amendment of Public Health 9 and Other Legislation (Public 10 Health Emergency) 11 Amendment Act 2020 12
13 This part amends the Public Health and Other Legislation 14
(Public Health Emergency) Amendment Act 2020. 15 Editor’s note— 16 The legislation ultimately amended is the Public Health Act 2005. 17
Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022
Part 11 Amendment of Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020
Clause
Clause
Clause
33 Act amended
Part 11
34 Amendment of s 2 (Commencement)
18 Section 2, ‘1 May 2022’— 19
omit, insert— 20 the day after the COVID-19 public health 21
legislation expiry day 22 35 Amendment of pt 11, div 3, hdg (Amendments 23
commencing on 1 May 2022) 24 Part 11, division 3, heading, ‘1 May 2022’— 25
3
Page 16
Authorised by the Parliamentary Counsel

Clause
Clause
Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022 Part 12 Minor and consequential amendments
[s 36]
omit, insert— 1 day after COVID-19 public health legislation 2
expiry day 3 36 Omission of s 45 (Omission of ch 8, pt 7A (Particular 4
powers for COVID-19 emergency)) 5 Section 45— 6 omit. 7
Clause 38
Legislation amended
Schedule 1 amends the legislation it mentions.
37 Amendment of s 46 (Insertion of new s 498)
Part 12
Minor and consequential amendments
8 (1) Section 46, inserted section 498(2), from ‘as if’— 9
omit, insert— 10
as if chapter 8, part 7A had not expired. 11
(2) Section 46, inserted section 498(4), definition amendment 12
Act— omit.
13 14
15 16
17 18
Authorised by the Parliamentary Counsel
Page 17

Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022 Schedule 1
Schedule 1
Part 1
Minor and consequential 1 amendments 2
section 38 3
Amendment commencing on 4 day after COVID-19 legislation 5 expiry day 6
COVID-19 Emergency Response Act 2020 7 1 Section 4(2), ‘5(5), 6(3) or’— 8
Part 2
omit.
9 Other amendments 10
Acts Interpretation Act 1954 11 1 Schedule 1, definition COVID-19 public health legislation 12
expiry day— omit.
13 14
Page 18
Authorised by the Parliamentary Counsel

Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022 Schedule 1
Public Health Act 2005 1
1 Section 315, definition COVID-19 public health legislation 2
expiry day— 3 omit. 4
2 Schedule 2, definition COVID-19 public health legislation 5
expiry day— omit.
6 7
© State of Queensland 2022
Authorised by the Parliamentary Counsel
Page 19

https://documents.parliament.qld.gov.au/tp/2022/5722T165-AFA6.pdf

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