Queensland Numbered Acts

COVID-19 EMERGENCY RESPONSE ACT 2020 - SECT 12

12 Power of entity to modify statutory time limit

(1) This section applies if an entity is expressly authorised under an Act to modify on any ground—

(a) a period within which the entity, or another entity, is authorised to do a thing, including, for example, any of the following things—

(i) make an application;

(ii) pay an amount;

(iii) give a document;

(iv) comply with a notice or direction;

(v) ask for a document;

(vi) exercise a power;

(vii) perform a function;

(viii) make a decision;

(ix) give reasons for a decision; or

(b) a period at the end of which a thing expires, including, for example, any of the following things—

(i) a document;

(ii) an authority, licence or permit;

(iii) a digital photo or digitised signature of a person.

(2) The power of the entity under the Act to modify the period is taken to include a power to modify the period on the ground the entity is satisfied the modification is necessary for a purpose of this Act.

(3) The power to modify the period under subsection (2) may be exercised—

(a) if the modification applies generally or to particular classes of persons or matters—by statutory instrument; or

(b) if the modification applies to a particular person—by giving the person a notice stating the modification and the reasons for the modification.

(4) The power to modify the period under subsection (2) may be exercised under subsection (3) (b) on the entity’s own initiative or on the application of a particular person interested in the modification of the period.

(5) If a period is extended under subsection (2) , the period may be extended only for a period that ends on or before 31 December 2020.

(6) A statutory instrument made under subsection (3) (a) may have retrospective operation to a day not earlier than 19 March 2020.

(7) A statutory instrument made under subsection (3) (a) must be published on a relevant website.

(8) This section does not limit section 13 .

(9) A reference in this section to a period within which an entity is authorised to do a thing includes a reference to any expression of time provided for under a provision for doing the thing.

Examples of an expression of time in a provision—

• a provision requiring a person to do a thing immediately

• a provision requiring a person to do a thing promptly

(10) In this section—

"expire" , for a thing mentioned in subsection (1) (b) , includes—

(a) stop having legal operation or effect; and

(b) stop being valid.