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Criminal Procedure Act 1986 No 209
Current version for 1 July 2020 to date (accessed 15 August 2020 at 12:52)
366 Regulation-making power
(1) The regulations under any relevant Act may provide for the following matters for the purposes of responding to the public health emergency caused by the COVID-19 pandemic—(a) altered arrangements for criminal proceedings, including pre-trial proceedings, provided for by an Act or another law,(b) altered arrangements for apprehended violence order proceedings, including provisional and interim orders, provided for by an Act or another law,(c) matters relating to bail and sentencing,(d) matters relating to the administration of sentences provided for by an Act or other law.(2) The Minister may recommend to the Governor that regulations be made under this section only if—(a) Parliament is not currently sitting and is not likely to sit within 2 weeks after the day the regulations are made, and(b) in the Minister’s opinion—(i) the arrangements made by the provisions of the regulations are in accordance with advice issued by the Minister for Health and Medical Research or the Chief Health Officer, and(ii) the regulations are reasonable to protect the health, safety and welfare of persons in relation to the administration of justice, and(c) for a matter mentioned in subsection (1)(a), (b) or (c), the following persons have consented to the recommendation being made—(i) the Chief Justice,(ii) if the regulations are relevant to a particular jurisdiction—the head of the particular jurisdiction.(3) Regulations made under this section—(a) are not limited by the regulation-making power in a relevant Act, and(b) may override the provisions of any Act or other law.(4) To remove any doubt, subsection (3) does not apply to allow regulations to be made under this section that amend or override this Division.(5) Regulations made under this section expire on—(a) the day that is 6 months after the day on which the regulation commences, or(b) the earlier day decided by Parliament by resolution of either House of Parliament.(6) In this section—relevant Act means any of the following—(a) this Act,(d) the Bail Act 2013,(g) the Young Offenders Act 1997,(i) another Act administered by the Attorney General.