Treasury Laws Amendment (COVID-19 Economic Response No. 2) Act 2021 (79 of 2021)

Schedule 4   Modification power

Coronavirus Economic Response Package Omnibus (Measures No. 2) Act 2020

1   Schedule 5

Repeal the Schedule, substitute:

Schedule 5 - Modification of information and other requirements

(1) This item applies in relation to a provision (an affected provision ) of an Act or a legislative instrument that requires or permits any of the following matters (a relevant matter ):

(a) the giving of information in writing;

(b) the signature of a person;

(c) the production of a document by a person;

(d) the recording of information;

(e) the retention of documents or information;

(f) the witnessing of signatures;

(g) the certification of matters by witnesses;

(h) the verification of the identity of witnesses;

(i) the attestation of documents.

(2) A responsible Minister for an affected provision may, by legislative instrument, determine that, to the extent that the affected provision relates to a relevant matter:

(a) the affected provision is varied as specified in the determination in relation to a period specified in the determination; or

(b) the affected provision does not apply in relation to a period specified in the determination; or

(c) the affected provision does not apply, and that another provision specified in the determination applies instead, in relation to a period specified in the determination.

(3) The period specified in a determination made under subitem (2) may be a period that starts before this item commences.

(4) A responsible Minister for an affected provision must not make a determination under subitem (2) in relation to the affected provision unless the responsible Minister is satisfied that the determination is in response to circumstances relating to the coronavirus known as COVID-19.

(5) For the purposes of this item, a responsible Minister for an affected provision is:

(a) if the affected provision is a provision of an Act - any Minister who administers that Act; or

(b) if the affected provision is a provision of a legislative instrument - any Minister who administers the enabling legislation (within the meaning of the Legislation Act 2003) under which that legislative instrument is made.

(6) A determination made under subitem (2) has effect accordingly.

(7) A determination made under subitem (2) has no operation after 31 December 2022.

(8) This item is repealed at the end of 31 December 2022.