COVID-19 Response and Economic Recovery Omnibus Act 2020 (WA)

Western Australia COVID-19 Response and Economic Recovery Omnibus Act 2020 Western Australia COVID-19 Response and Economic Recovery Omnibus Act 2020 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Primary purposes of Act 2 4. Terms used 2 5. Act binds Crown 3 6. Relationship of this Act to other written laws 3 Part 2 — Provisions of general application Division 1 — Fees and charges Subdivision 1 — Preliminary 7. Terms used 4 Subdivision 3 — Validation of reductions, waivers and refunds 11. Validation of reductions, waivers and refunds 4 Division 2 — Meetings Subdivision 2 — Validation of meetings and decisions 18. Validation of meetings and decisions 6 Division 3 — Public availability of documents Subdivision 2 — Validation of things done 21. Validation of things done 7 Division 5 — General provisions 27. Postponing cessation of Divisions and Subdivisions 7 Part 3 — Provisions affecting obligations or authorisations under Acts Division 1 — Preliminary 28. Terms used 9 Division 2 — Authorisations generally 29. Decision‑maker may set new expiry day for authorisations during operative period 9 30. Decision‑maker may modify or remove conditions of authorisations during operative period 13 31. Decision‑maker may decide order no longer applies to relevant authorisation if condition of order breached 14 Division 3 — Specific provisions 32. Exemption from local planning scheme taken to be exemption from region planning scheme 15 33. Extension of certain time limits under relevant schemes 16 Division 4 — End of operative periods for provisions of Part 34. Postponing ending of operative periods for provisions of this Part 17 35. End of operative period does not affect things done during period 18 36. Orders cease to have effect at the end of 30 June 2025 18 Part 4 — Modification of Acts Division 1 — Bail Act 1982 modified 38. Section 43A modified 19 Division 2 — Mental Health Act 2014 modified 39. Term used: Mental Health Infection Control Directions 19 40. Act modified 19 41. Section 48 modified 20 42. Section 79 modified 20 43. Validation of assessments and examinations 21 Division 3 — Oaths, Affidavits and Statutory Declarations Act 2005 modified 45. Section 9 modified 21 Division 4 — Sentencing Act 1995 modified and consequential modification Subdivision 1 — Sentencing Act 1995 modified 47. Section 14 modified 22 48. Section 14B inserted 22 14B. Use of audio link for sentencing 22 49. Section 34 modified 23 Subdivision 2 — Criminal Procedure Act 2004 modified consequentially 50. Act modified 23 51. Section 77 modified 24 Division 5 — Postponing cessation of modifying provisions 52. Postponing cessation of modifying provisions 24 Part 5 — Acts amended: facilitating electronic transactions Division 1 — Extending the application of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 53. Administration Act 1903 amended 25 3A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 25 54. Coroners Act 1996 amended 25 4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 25 55. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 amended 25 56. Criminal Investigation Act 2006 amended 26 5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 27 57. Criminal Investigation (Extra‑territorial Offences) Act 1987 amended 27 3B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 27 58. Criminal Investigation (Identifying People) Act 2002 amended 27 4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 27 59. Family Court Act 1997 amended 28 9B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 28 60. Juries Act 1957 amended 28 3B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 28 61. Sentence Administration Act 2003 amended 28 4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 28 Division 2 — Amendment of environmental and water related legislation Subdivision 1 — Contaminated Sites Act 2003 amended 62. Act amended 29 63. Schedule 2 amended 29 Subdivision 2 — Litter Act 1979 amended 64. Act amended 29 65. Section 33 amended 29 Subdivision 3 — Rights in Water and Irrigation Act 1914 amended 66. Act amended 30 67. Section 6 amended 30 68. Section 26GZB amended 30 69. Section 26GZG amended 30 70. Section 26N amended 31 71. Section 27 amended 31 72. Section 66 amended 31 Subdivision 4 — Waste Avoidance and Resource Recovery Act 2007 amended 73. Act amended 32 74. Section 28 amended 32 75. Section 47 amended 33 76. Schedule 3 amended 33 Subdivision 5 — Water Agencies (Powers) Act 1984 amended 77. Act amended 33 78. Section 36 amended 34 Subdivision 6 — Water Services Act 2012 amended 79. Act amended 34 80. Section 222 amended 34 Part 6 — Acts amended: miscellaneous matters Division 1 — Bail Act 1982 amended 81. Act amended 35 82. Various provisions amended 35 Division 2 — Constitution Acts Amendment Act 1899 amended 83. Act amended 35 84. Section 45A inserted 35 45A. Executive Council meetings 35 Division 3 — Criminal Procedure Act 2004 amended 85. Act amended 36 86. Section 21 amended 36 87. Section 23 amended 37 88. Schedule 1 clause 3 amended 37 Division 4 — Evidence Act 1906 amended 89. Act amended 37 90. Section 106K amended 37 91. Section 106N amended 39 Division 5 — Interpretation Act 1984 amended and consequential amendments Subdivision 1 — Interpretation Act 1984 amended 92. Act amended 39 93. Section 3 amended 39 94. Section 45 amended 39 Subdivision 2 — Consequential amendments 95. Auction Sales Act 1973 amended 39 96. Debt Collectors Licensing Act 1964 amended 40 97. Employment Agents Act 1976 amended 40 98. Finance Brokers Control Act 1975 amended 40 99. Land Valuers Licensing Act 1978 amended 40 100. Motor Vehicle Dealers Act 1973 amended 40 101. Real Estate and Business Agents Act 1978 amended 40 102. Transfer of Land Act 1893 amended 40 Part 7 — Miscellaneous 103. Provisions about orders made under Act 41 104. Effect of provisions of this Act, certain regulations and orders ceasing to have effect 41 105. Regulations 42 Notes Compilation table 44 Other notes 44 Defined terms Western Australia COVID‑19 Response and Economic Recovery Omnibus Act 2020 An Act — * to provide for the amelioration of problems and impediments arising from the emergency response to the COVID‑19 pandemic; and * to facilitate aspects of the economic recovery from the emergency response to the pandemic; and * to make related amendments to various Acts; and * to validate certain actions taken during or following the state of emergency declared in relation to the pandemic on 16 March 2020; and * for related purposes. Part 1 — Preliminary 1. Short title This is the COVID‑19 Response and Economic Recovery Omnibus Act 2020. 2. Commencement This Act comes into operation as follows — (a) Part 1 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on the day after that day. 3. Primary purposes of Act The primary purposes of this Act are — (a) to provide for the amelioration of problems in relation to compliance with statutory requirements, and of impediments to the processes of government, arising from the emergency response to the COVID‑19 pandemic; and (b) to provide for the amelioration of problems arising from the emergency response to an outbreak, or the risk of an outbreak, of COVID‑19 in the State; and (c) to facilitate aspects of the economic recovery from the emergency response to the COVID‑19 pandemic. 4. Terms used (1) In this Act — agency has the meaning given in the Public Sector Management Act 1994 section 3(1); authorisation includes an approval, licence or permit; COVID emergency declaration means a declaration made under the Emergency Management Act 2005 section 56, or the Public Health Act 2016 section 167, in relation to the COVID‑19 pandemic; non‑SES organisation has the meaning given in the Public Sector Management Act 1994 section 3(1); portfolio Minister, in relation to an Act, means the Minister to whom the administration of the whole or a part of the Act is committed; prescribed means prescribed by regulations under this Act. (2) In this Act — (a) a reference to a thing done includes a reference to a thing omitted to be done; and (b) a reference to a requirement under an Act includes a reference to the Act providing consequences for doing or not doing a thing; and (c) a reference to the portfolio Minister in relation to an Act is, if the administration of the Act is committed to more than 1 Minister, a reference to any of those Ministers. 5. Act binds Crown This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. 6. Relationship of this Act to other written laws This Act has effect despite any other written law. Part 2 — Provisions of general application Division 1 — Fees and charges Subdivision 1 — Preliminary 7. Terms used In this Division — chief employee has the meaning given in the Public Sector Management Act 1994 section 3(1); fee includes the following — (a) a due; (b) an amount of Metropolitan Region Improvement Tax under the Planning and Development Act 2005 section 200; (c) a penalty for a late application under any of the following Acts — (i) the Auction Sales Act 1973; (ii) the Debt Collectors Licensing Act 1964; (iii) the Employment Agents Act 1976; (iv) the Land Valuers Licensing Act 1978; (v) the Motor Vehicle Dealers Act 1973; (vi) the Real Estate and Business Agents Act 1978. [Subdivision 2 (s. 8-10) ceased to have effect at end of 31 Dec 20221.] Subdivision 3 — Validation of reductions, waivers and refunds 11. Validation of reductions, waivers and refunds (1) In this section — validation period means the period — (a) beginning on 1 April 2020; and (b) ending on the last day of the period of 6 months beginning on the day on which this section comes into operation. (2) Any fee or charge under a relevant Act purportedly reduced, waived or refunded during the validation period is taken to be, and to have always been, validly reduced, waived or refunded. (3) Anything done, or purportedly done, as a result or consequence of, or in reliance on or in relation to, a reduction, waiver or refund validated under subsection (2) (a validated reduction, waiver or refund) is as valid and effective, and is taken to have always been as valid and effective, as it would have been if the validated reduction, waiver or refund had been valid at the time the thing was done or purportedly done. (4) For the purposes of subsection (2), the relevant Acts are — (a) the Associations Incorporation Act 2015; and (b) the Auction Sales Act 1973; and (c) the Building Services (Registration) Act 2011; and (d) the Co‑operatives Act 2009; and (e) the Dangerous Goods Safety Act 2004; and (f) the Debt Collectors Licensing Act 1964; and (g) the Electricity Act 1945; and (h) the Employment Agents Act 1976; and (i) the Gas Standards Act 1972; and (j) the Government Railways Act 1904; and (k) the Jetties Act 1926; and (l) the Land Valuers Licensing Act 1978; and (m) the Limited Partnerships Act 2016; and (n) the Mines Safety and Inspection Act 1994; and (o) the Motor Vehicle Dealers Act 1973; and (p) the Motor Vehicle Repairers Act 2003; and (q) the Occupational Safety and Health Act 1984; and (r) the Plumbers Licensing Act 1995; and (s) the Public Transport Authority Act 2003; and (t) the Real Estate and Business Agents Act 1978; and (u) the Settlement Agents Act 1981; and (v) the Shipping and Pilotage Act 1967. Division 2 — Meetings [Subdivision 1 (s. 12-17) ceased to have effect at end of 31 Dec 2022 1, 3.] Subdivision 2 — Validation of meetings and decisions 18. Validation of meetings and decisions (1) Any meeting held or purportedly held, or decision made or purportedly made, under a relevant Act during the period beginning on 16 March 2020 and ending immediately before the day on which this section comes into operation is taken to be, and to have always been, as validly held or made as it would have been if Subdivision 1, and any regulations made under that Subdivision, had been in effect at the time of the meeting or decision. (2) Anything done, or purportedly done, as a result or consequence of, or in reliance on or in relation to, a meeting or decision validated under subsection (1) (a validated meeting or decision) is as valid and effective, and is taken to have always been as valid and effective, as it would have been if the validated meeting or decision had been valid at the time the thing was done or purportedly done. (3) For the purposes of subsection (1), the relevant Acts are — (a) the Aboriginal Heritage Act 1972; and (b) the Conservation and Land Management Act 1984; and (c) the Environmental Protection Act 1986; and (d) the Litter Act 1979; and (e) the Planning and Development Act 2005; and (f) the Rottnest Island Authority Act 1987. Division 3 — Public availability of documents [Subdivision 1 (s. 19-20) ceased to have effect at end of 31 Dec 2022 1.] Subdivision 2 — Validation of things done 21. Validation of things done A failure to comply with a public availability requirement described in section 19(1) during the period commencing on 16 March 2020 and ending immediately before the day on which this section comes into operation does not affect the validity of anything required or permitted to be done or arising in relation to or as a consequence of the public availability requirement. [Division 4 (s. 22-26) ceased to have effect at end of 31 Dec 2022 1.] Division 5 — General provisions 27. Postponing cessation of Divisions and Subdivisions (1) If, under a provision of this Part, the cessation of a Division or Subdivision may be postponed, the Governor, on the recommendation of the Minister, may postpone the cessation of the Division or Subdivision until the end of a day specified in a proclamation made before the Division or Subdivision ceases. (2) The Minister cannot make a recommendation for the purposes of subsection (1) unless satisfied that postponing the cessation of the Division or Subdivision is necessary or expedient for a purpose in section 3. (3) The Governor may postpone the cessation of a Division or Subdivision more than once, but cannot specify a day that is after 30 June 2025. (4) Each postponement of a Division or Subdivision cannot be for longer than 12 months beginning on the day after the most recent day at the end of which the Division or Subdivision would have ceased. (5) The Interpretation Act 1984 section 42 applies to and in relation to a proclamation as if the proclamation were a regulation. Part 3 — Provisions affecting obligations or authorisations under Acts Division 1 — Preliminary 28. Terms used In this Part — operative period, for a provision of this Part, means the period — (a) beginning on the day on which this section comes into operation; and (b) ending on 31 December 2021, or a later day specified under section 34;2 region planning scheme has the meaning given in the Planning and Development Act 2005 section 4(1); Transport CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of the Road Traffic (Administration) Act 2008. Division 2 — Authorisations generally 29. Decision‑maker may set new expiry day for authorisations during operative period2 (1) In this section — Environment CEO means the CEO as defined in the Environmental Protection Act 1986 section 3(1); expire, for a relevant authorisation, includes the authorisation expiring, ceasing to have effect, lapsing or otherwise ending at the end of a period of time; original expiry day, for a relevant authorisation, means the day on which the authorisation is to expire under the Act; relevant authorisation means an authorisation, under an Act, listed in column 1 of the Table to subsection (2). (2) A person (the decision‑maker) listed in column 2 of the Table opposite a relevant authorisation may specify, by order made during the operative period 2 for this section, a new day (the new expiry day) on which the authorisation expires if — (a) the decision‑maker is satisfied that the order is necessary or expedient for a purpose in section 3(a) or (b); and (b) the order is made before the original expiry day for the authorisation; and (c) the new expiry day is — (i) after the original expiry day for the authorisation; and (ii) before the day that is 12 months after the original expiry day for the authorisation; and (iii) before 30 June 2025. Table Authorisation Decision‑maker A clearing permit under the Environmental Protection Act 1986 Part V Division 2 The Environment CEO A licence under the Environmental Protection Act 1986 Part V Division 3 The Environment CEO A works approval under the Environmental Protection Act 1986 The Environment CEO A licence under the Jetties Act 1926 The chief executive officer as defined in the Jetties Act 1926 section 3 A permit under regulations made under the Jetties Act 1926 The chief executive officer as defined in the Jetties Act 1926 section 3 A driver's licence under the Road Traffic (Authorisation to Drive) Act 2008 The Transport CEO A learner's permit under the Road Traffic (Authorisation to Drive) Act 2008 Part 2 Division 2 The Transport CEO A vehicle licence under the Road Traffic (Vehicles) Act 2012 The Transport CEO A licence under the Tobacco Products Control Act 2006 The CEO as defined in the Health Legislation Administration Act 1984 section 3 A licence under the Water Services Act 2012 Part 2 Division 2 The Economic Regulation Authority established by the Economic Regulation Authority Act 2003 section 4 A prescribed authorisation A prescribed person who grants a prescribed authorisation Note for this subsection: See section 103 for provisions about orders. (3) An order may — (a) apply to a relevant authorisation that has been the subject of a previous order under this section; and (b) specify a new expiry day by — (i) specifying a particular day; or (ii) referring to a period of time after the original expiry day for the relevant authorisation. Example for this subsection: An order may specify new expiry days for a class of relevant authorisations by stating that the new expiry day for each authorisation in the class is the day that is 6 months after the original expiry day for the authorisation. (4) A relevant authorisation the subject of an order — (a) does not expire on the original expiry day for the authorisation; but (b) expires at the end of the new expiry day for the authorisation under the order. (5) However — (a) a relevant authorisation the subject of an order may be — (i) suspended, cancelled or otherwise ended (other than by expiring) under a written law; or (ii) the subject of a decision under section 31 that the order no longer applies to the authorisation; and (b) if a person is disqualified under a written law from holding a relevant authorisation, an order under this section does not affect the disqualification. 30. Decision‑maker may modify or remove conditions of authorisations during operative period2 (1) In this section — meter has the meaning given in the Rights in Water and Irrigation Act 1914 Schedule 1 clause 46(5); relevant authorisation means an authorisation listed in column 1 of the Table to subsection (2). (2) If a relevant authorisation is subject to a condition of a type listed in column 2 of the Table, a person (the decision‑maker) listed in column 3 of the Table opposite the authorisation may determine, by order made during the operative period 2 for this section, that the condition — (a) no longer applies; or (b) applies with the modifications set out in the order. Table Authorisation Condition Decision‑maker A clearing licence under the Country Areas Water Supply Act 1947 section 12C Any condition of the licence imposed under the Country Areas Water Supply Act 1947 The portfolio Minister for the Country Areas Water Supply Act 1947 A licence under the Rights in Water and Irrigation Act 1914 section 5C A condition about meters imposed on the licence by regulations made under the Rights in Water and Irrigation Act 1914 The portfolio Minister for the Rights in Water and Irrigation Act 1914 A prescribed authorisation A prescribed class of conditions in relation to the prescribed authorisation A prescribed person who grants the prescribed authorisation Note for this subsection: See section 103 for provisions about orders. (3) The decision‑maker cannot make the order unless satisfied that the order is necessary or expedient for a purpose in section 3(a) or (b). (4) An order may apply to a relevant authorisation that has been the subject of a previous order under this section. (5) An order ceases to have effect at the end of — (a) the 1st anniversary of the day on which the order comes into operation; or (b) if an earlier day is specified in the order — that day. (6) Subject to section 31, during the period an order is in effect a person is taken to have satisfied a condition of a relevant authorisation the subject of the order if, under the order, the condition — (a) no longer applies to the authorisation; or (b) applies with modifications and the modified condition is satisfied. 31. Decision‑maker may decide order no longer applies to relevant authorisation if condition of order breached (1) If a condition of an order made under section 29 or 30 is not satisfied in relation to a relevant authorisation, the decision‑maker for the relevant authorisation may decide that the order no longer applies to the authorisation. (2) Before making a decision under subsection (1), the decision‑maker must — (a) give the holder of the relevant authorisation a written notice stating that — (i) a condition of the order has not been satisfied in relation to the relevant authorisation; and (ii) because the condition of the order has not been satisfied, the decision‑maker may make a decision under subsection (1); and (iii) the holder may make a written submission about the decision during a period (of not less than 28 days from the day on which the notice is received by the holder) stated in the notice; and (b) consider any submissions received under paragraph (a)(iii). (3) After making a decision under subsection (1), the decision‑maker must give the holder of the relevant authorisation a written notice setting out — (a) the decision; and (b) if the decision is that the order no longer applies to the relevant authorisation — the reasons for the decision. Division 3 — Specific provisions 32. Exemption from local planning scheme taken to be exemption from region planning scheme (1) In this section — clause 78H notice means a notice made under the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 78H(1) or (6). (2) This section applies if — (a) a person does something (whether before or after the day on which this section comes into operation) pursuant to an exemption from a planning requirement in a clause 78H notice in force when the thing is done; and (b) the thing done contravenes a requirement or provision of a region planning scheme. (3) Despite the requirement or provision of the region planning scheme, the thing done is, and is taken to always have been, done pursuant to an exemption from the requirement or provision. 33. Extension of certain time limits under relevant schemes (1) In this section — development approval means an approval granted under a relevant scheme; relevant scheme means an improvement scheme as defined in the Planning and Development Act 2005 section 4(1) or a region planning scheme. (2) This section applies to a development approval that — (a) is valid on 8 April 2020; or (b) is granted on or after 8 April 2020 if, at the time it is granted, a COVID emergency declaration is in effect. (3) Despite anything provided in a development approval or in the relevant scheme under which it is granted, the development approval — (a) remains valid until the day which is 2 years after the day on which, but for this section, it would have ceased to be valid; and (b) lapses if the development has not been substantially commenced before that day. (4) A development which has been substantially commenced by the day provided by subsection (3)(a) is taken to have been substantially commenced within the time required under the development approval and the relevant scheme under which it is granted. (5) This section does not prevent the time until which a development approval remains valid or the time within which a development is required to be substantially commenced from being varied by an amendment to the development approval made under the Planning and Development Act 2005. Division 4 — End of operative periods for provisions of Part 34. Postponing ending of operative periods for provisions of this Part (1) The Governor, on the recommendation of the Minister, may, by proclamation made before the operative period for a provision of this Part ends, postpone the end of the operative period until a day specified for the provision in the proclamation. (2) The Minister cannot make a recommendation for the purposes of subsection (1) unless satisfied that postponing the end of the operative period for a provision is necessary or expedient for a purpose in section 3. (3) The Governor may postpone the end of an operative period more than once, but cannot specify a day that is after 30 June 2025. (4) Each postponement of the operative period for a provision cannot be for longer than 12 months beginning on the day after the most recent day on which the operative period would have ended. (5) The Interpretation Act 1984 section 42 applies to and in relation to a proclamation as if the proclamation were a regulation. 35. End of operative period does not affect things done during period The ending of the operative period for a provision of this Part does not affect anything done during the operative period in reliance on the provision. 36. Orders cease to have effect at the end of 30 June 2025 An order made under this Part that has not ceased to have effect on or before 30 June 2025 ceases to have effect at the end of that day. Part 4 — Modification of Acts Division 1 — Bail Act 1982 modified [37. Ceased to have effect at end of 31 Dec 2022 1.] 38. Section 43A modified Delete section 43A(2) and insert: (2) This section applies if — (a) a proposed surety is in another State or a Territory; or (b) it is impracticable for the proposed surety to enter into a surety undertaking in person before a relevant official. Division 2 — Mental Health Act 2014 modified 39. Term used: Mental Health Infection Control Directions For the purposes of this Division — Mental Health Infection Control Directions means the directions, referred to as the Mental Health Infection Control Directions — (a) made under the Public Health Act 2016 sections 157 and 190 on 6 April 2020; and (b) that provide for infection control measures, relating to the COVID‑19 pandemic, to be followed when conducting assessments and examinations under the Mental Health Act 2014. 40. Act modified (1) The Mental Health Act 2014 applies as if modified as set out in this Division. (2) Subsection (1) has effect while the Mental Health Infection Control Directions, or any replacement directions, have effect. 41. Section 48 modified After section 48(4) insert: (5) Despite any other provision of this section, an assessment may be conducted using audiovisual communication if the practitioner is satisfied that it is necessary or expedient to do so to comply with the requirements of the Mental Health Infection Control Directions or any replacement directions. 42. Section 79 modified (1) Delete section 79(3)(c) and insert: (c) a health professional and the person being examined — (i) are in one another's physical presence; or (ii) if that is not practicable — are able to hear one another without using a communication device (for example, by being able to hear one another through a door). (2) After section 79(6) insert: (7) Despite any other provision of this section, an examination may be conducted using audiovisual communication if the psychiatrist or practitioner is satisfied that it is necessary or expedient to do so to comply with the requirements of the Mental Health Infection Control Directions or any replacement directions. 43. Validation of assessments and examinations (1) This section applies to an assessment or examination under the Mental Health Act 2014 Part 6 Division 2 or 3 conducted — (a) using audiovisual communication; and (b) on or after 7 April 2020 (the day on which the Mental Health Infection Control Directions commenced to have effect) and before the day on which this section comes into operation. (2) The assessment or examination, and any referral or order made as a result, is as valid and effective, and is to be taken to have always been as valid and effective, as it would have been if — (a) the modifications set out in this Division had been in effect at the time of the assessment or examination; and (b) the psychiatrist or practitioner had been satisfied as described in those modifications. Division 3 — Oaths, Affidavits and Statutory Declarations Act 2005 modified [44. Ceased to have effect at end of 31 Dec 2022 1.] 45. Section 9 modified Before section 9(6)(a) insert: (aa) if the affidavit is made at the time a COVID emergency declaration as defined in the COVID‑19 Response and Economic Recovery Omnibus Act 2020 section 4(1) is in effect — a person prescribed by the regulations for the purpose of this paragraph; Division 4 — Sentencing Act 1995 modified and consequential modification Subdivision 1 — Sentencing Act 1995 modified [46. Ceased to have effect at end of 31 Dec 2022 1.] 47. Section 14 modified In section 14(1) delete "section 14A." and insert: section 14A or audio link under section 14B. 48. Section 14B inserted After section 14A insert: 14B. Use of audio link for sentencing (1) In this section — audio link means facilities, including telephones, that enable, at the same time, a court at one place to hear a person at another place and vice versa; non‑custodial sentence means a sentence imposed under Part 7, 8, 8A, 9 or 10; video link has the meaning given in section 14A(4). (2) A court sentencing an offender may, on an application by the offender, direct that the offender appear before it by audio link from a place in this State. (3) The court must not make a direction under subsection (2) unless all of the following circumstances apply — (a) the offender has been convicted of an offence on a plea of guilty; (b) the court proposes to impose a non‑custodial sentence on the offender in respect of the offence; (c) the court is satisfied that — (i) the audio link is available or can reasonably be made available; and (ii) the direction is in the interests of justice. (4) The place where an offender attends for sentencing by audio link is taken to be part of the court for the purposes of the sentencing. (5) An audio link must not be used under this section if a video link is available or can reasonably be made available. 49. Section 34 modified In section 34(1) delete "section 14A," and insert: section 14A or audio link under section 14B, Subdivision 2 — Criminal Procedure Act 2004 modified consequentially 50. Act modified (1) The Criminal Procedure Act 2004 applies as if modified as set out in this Subdivision. (2) Subsection (1) ceases to have effect when section 46(1) ceases to have effect. 51. Section 77 modified In section 77(7) delete "section 14A." and insert: section 14A or 14B. Division 5 — Postponing cessation of modifying provisions 52. Postponing cessation of modifying provisions (1) If, under this Part, the cessation