COVID-19 tenancies orders

Heading: replaced, on 3 November 2021, by Schedule 5 clause 4 of the COVID-19 Response (Management Measures) Legislation Act 2021 (2021 No 42).

3 Minister may make COVID-19 tenancies order for area

(1)

The Minister may make an order for the purpose of restricting the termination of residential tenancies in an area (a COVID-19 tenancies order).

(2)

However, the Minister may make the order only if satisfied that—

(a)

a COVID-19 public health order is or will be made containing measures that, subject to any exceptions specified in the order, restrict people in the area from moving (including on a permanent or long-term basis) to a new home or other place of residence; and

(b)

the COVID-19 tenancies order is necessary or desirable to support those measures.

(3)

A COVID-19 tenancies order must specify—

(a)

the area to which it applies; and

(b)

the date on and from which it applies to the area.

(4)

A COVID-19 tenancies order may also specify a date or period after which it will no longer apply to an area.

(5)

A COVID-19 tenancies order ceases to apply to an area on the earlier of—

(a)

the close of the date or period specified for the area under subclause (4) (if any); and

(b)

the revocation of the order, or the amendment of the order so that it ceases to apply to the area.

(6)

A COVID-19 tenancies order may—

(a)

apply to 1 or more areas; and

(b)

specify different dates or periods for different areas.

(7)

Before making or amending a COVID-19 tenancies order, the Minister must consult—

(a)

the Prime Minister; and

(b)

the Minister responsible for the administration of the COVID-19 Public Health Response Act 2020.

(8)

The Minister must—

(a)

keep every COVID-19 tenancies order under review; and

(b)

if satisfied that the criteria in subclause (2)(a) and (b) are no longer met in relation to an area to which a COVID-19 tenancies order applies, revoke the order, or amend it so that it ceases to apply to the area, as soon as is reasonably practicable.

(9)

Subclause (8)(b) does not limit the Minister’s ability to revoke or amend a COVID-19 tenancies order at any time.

(10)

Despite subclauses (8) and (9), any revocation by the Minister of a COVID-19 tenancies order, or amendment by the Minister of a COVID-19 tenancies order so that it ceases to apply to an area, must not come into force until at least 7 days after the revocation or amendment—

(a)

is published on the legislation website; and

(b)

has its making notified in the Gazette.

(11)

An order made under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114
DisallowanceIt may be disallowed by the House of RepresentativesLA19 ss 115, 116
This note is not part of the Act.

Schedule 5 clause 3: replaced, on 3 November 2021, by Schedule 5 clause 4 of the COVID-19 Response (Management Measures) Legislation Act 2021 (2021 No 42).