COVID-19 Response Bill Passed in Parliament 

The Queensland Parliament has passed the COVID-19 Emergency Response Bill 2020, which provides for a regulation-making power which would enable the Government to implement the National Cabinet’s ‘Mandatory Code of Conduct for SME Commercial Leases’.

The Bill allows for a future regulation which would have application to retail leases under the Retail Shop Leases Act 1994 and any other leases that could be prescribed by the regulation. A similar but separate power was created in the Bill for residential tenancies.

The Bill enables a regulation to be made in response to the COVID-19 emergency which may:

• prohibit the repossession of premises, or the termination of a lease, by a lessor,
• regulate or prevent the exercise or enforcement of other rights of a lessor under a relevant lease or other agreement relating to the premises,
• exempt certain lessees, from the operation of a provision of an Act, relevant lease or other agreement,
• require parties to have regard to a prescribed standard or code
• provide for a dispute resolution process

Any regulation made under this Act will not have effect prior to the commencement date of the Bill and will expire on 31 December 2020.

Through the Bill, the Government has created a temporary Small Business Commissioner role which will have mediation and dispute resolution responsibilities under the new regulation. This appointment will also end on 31 December.

The Parliament also passed the Appropriation (COVID-19) Bill 2020 which enables more than $4 billion worth of State Government relief and stimulus measures.

The Property Council has lodged a submission with the Government outlining the industry’s key concerns and recommendations for the implementation of the National Code in Queensland. As the new regulation is developed, the Property Council will continue to push for equitable and balanced outcomes for landowners.