The Emergency Powers Amendment Act, 2021 was passed in the Senate on Friday, November 5. This is despite a strong push back from Opposition Senators who are of the view that it is primarily a public relations exercise as the Act itself is archaic, and the amendments are majoring in the minor.
The court ruled last year that a State of Emergency, (SOE) declared under the act was in conflict with the constitution and that the detention order is unlawful.
Clause 2 of the Emergency Powers Act has been amended to include a definition for a ‘period of public disaster’, as well as new penalty provisions under the act. The bill increases the maximum fine for breaches under the act from $200 to $1 million.
Opposition Senator, Damion Crawford posited his disapproval of the penalties, saying a million dollars is almost a hundred and 40 times the weekly minimum wage. The constitutional validity of the Government’s use of States of Emergency is still before the Court of Appeal.
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