In brief - for those watching the ongoing developments over landlord and tenancy leasing issues during 'the time of COVID-19', the following links below provide a useful summary of where the legislation in each State is to date on this:

Commonwealth

  1.  National Cabinet Mandatory Code of Conduct - SME Commercial Leasing Principles During COVID-19)

South Australia

  1. COVID-19 Emergency Response Act 2020: Part 2 (Section 7) Commercial Leases

  2. COVID-19 Emergency Response (Commercial Leases) Regulations 2020

New South Wales

  1. COVID-19 Legislation Amendment (Emergency Measures) Act 2020

  2. Residential Tenancies Amendment (COVID-19) Regulation 2020 

  3. Retail and Other Commercial Leases (COVID-19) Regulation 2020 (New)

  4. Parliament will sit on Tuesday 12 May 2020 to consider urgent COVID-19 legislation: Speakers Announcement

Queensland

  1. COVID-19 Emergency Response Act 2020 (New)

  2. Residential Tenancies Practice Guide

  3. Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 (New)

  4. State waives $33.8M in land rent for farmers, tourism and clubs (New)

Victoria

  1. COVID-19 Omnibus (Emergency Measures) Act 2020 (New)

Tasmania

  1. COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (see notices made under section 22 at 2.1 and 3. below)

  2. Residential tenancy - Changes to residential tenancies in Tasmania during COVID-19

  3. COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 - Notice Under Section 22 – No Increase in Rent  

  4. Commercial Tenancies: COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 - Notice Under Section 22 

Western Australia

  1. Commercial Tenancies (COVID-19 Response) Act 2020 No 19 

  2. Residential Tenancies (COVID-19 Response) Bill 2020 Act 2020 No 18

  3. New $154.5 million relief package to support tenants, landlords and construction industry (New)

Bills

  1. Commercial Tenancies (COVID-19 Response (Early Termination)) Bill 2020 - Still in the lower house

Northern Territory

  1. Tenancies Legislation Amendment Act 2020 (New)

  2. Residential Tenancies COVID-19 Modification Notice 2020 (New)

Australian Capital Territory

  1. COVID-19 Emergency Response Act 2020 - see Schedule 1, items 1.11 and 1.18

  2. Residential Tenancies  (COVID-19) Emergency Response) Declaration 2020, 21 April 2020 (Commenced 22 April)

This is commentary published by Colin Biggers & Paisley for general information purposes only. This should not be relied on as specific advice. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories. © Colin Biggers & Paisley, Australia 2020.

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