HHG Legal Group’s legislation updates aim to provide information on new and upcoming legislation (and/or bills) as they pass, primarily focused on legislation arising as a counter-measure to COVID-19.
We saw a fair bit of action coming out of the WA Parliament on 11 August 2020 with the introduction of the COVID-19 Response and Economic Recovery Omnibus Bill 2020 to the Legislative Assembly. The Iron Ore Processing (Mineralogy Pty. Ltd.) Agreement Amendment Bill 2020 and Public Health Amendment (COVID-19 Response) Bill 2020 were also introduced.
COVID-19 Response and Economic Recovery Omnibus Bill 2020
The Bill aims to introduce certain provisions that:
- Apply to classes of problems common to various Acts or processes for a limited period of time – such as addressing processes incompatible with social distancing requirements;
- Modify, for a limited period of time, certain obligations or authorisations under Acts;
- Modify, for a limited period of time, certain Acts relating to mental health or the administration of justice. For example, proposed modifications to the Bail Act 1982 to temporarily expand section 43A to provide that sureties can be entered into over video-link where it is impracticable for the proposed surety to appear in person irrespective of their location (effective until 21 December 2021);
- Apply permanently relating to the administration of justice or environmental matters; and
- Create other permanent amendments to miscellaneous acts – such as amending the Interpretations Act 1984 to support the provisions in the Bill.
The Bill will also validate many actions taken by certain State Government agencies – actions which may not have always been in strict compliance with statutory requirements.
The Explanatory Memorandum can also be found HERE.
Iron Ore Processing (Mineralogy Pty. Ltd.) Agreement Amendment Bill 2020
The politically contentious Iron Ore Processing (Mineralogy Pty. Ltd.) Agreement Amendment Bill 2020 was also introduced and as many will be aware seeks to prevent a damages claim by Clive Palmer against the State for losses associated with his Pilbara iron ore interests – currently estimated to be in the area of $30 billion. The Bill creates extraordinarily wide protection for the State against any potential claims by Mineralogy or other associated parties including Mr Palmer (see for example, the proposed indemnity clause at section 14 and the definitions of disputed matter).
The Explanatory Memorandum can also be found HERE.