Document ID: chunk:federal_register_of_legislation:C2023C00157:section:15:p1
Version: federal_register_of_legislation:C2023C00157
Segment Type: section
Provision Reference: s 15 (pt 1/2)
Character Range: 19684–22568

15  Ministers may modify administrative requirements during a national emergency

Power to modify affected provisions in relation to relevant matters
 (1) This section applies in relation to a provision (an affected provision) of a law of the Commonwealth 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 a person;
 (i) the attestation of documents;
 (j) the reporting or notification of a matter to a Department, agency or authority of the Commonwealth.
Note: This section does not apply to some affected provisions (see subsection (8)).
 (2) If a national emergency declaration is in force, 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) A determination under subsection (2) has effect accordingly.

Requirements relating to making determinations
 (4) A responsible Minister for an affected provision must not make a determination under subsection (2) in relation to the affected provision unless the responsible Minister is satisfied that:
 (a) the determination is in response to circumstances relating to the emergency to which the national emergency declaration relates; and
 (b) making the determination will be of benefit to the public, or a section of the public.
 (5) The determination must specify the national emergency declaration to which it relates.

Variation and revocation of determinations
 (6) If a responsible Minister makes a determination under subsection (2), the responsible Minister may, by legislative instrument, vary or revoke the determination.

Period for which determinations are in force
 (7) A determination under subsection (2) is in force for the period:
 (a) starting on the day specified in the determination (which may be earlier than the day the determination is made); and
 (b) ending at the earliest of the following:
 (i) if the determination specifies a day on which it ceases to be in force—the start of that day;
 (ii) if the determination is revoked—the end of the day the revocation takes effect;
 (iii) the start of the day on which the national