Clause 10

by deleting the word “and” at the end of subsection (1)(a);

by deleting paragraph (b) of subsection (1) and substituting the following paragraphs:“(b)in a case mentioned in section 5A — also make a determination whether it is just and equitable in the circumstances of the case —

to extend the period for the exercise of the right (if it has not already expired); or

for the consideration paid for the right to be refunded in whole or in part; and

in a case mentioned in section 7 — also make a determination whether it is just and equitable in the circumstances of the case —

for the deposit or any part of the deposit to be forfeited; or

for the cancellation fee or any part of the cancellation fee to be paid.”;

by inserting, immediately after the word “obligation” in subsection (2)(a), the words “or exercise the right”;

by inserting, immediately after the words “section 5” in subsection (3), the words “or 5A”;

by deleting the word “and” at the end of subsection (3)(a);

by deleting the full‑stop at the end of paragraph (b) of subsection (3) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraphs:“(c)where the scheduled contract is one mentioned in paragraph 1(e) or (f) of the Schedule — discharging the contract, requiring the return (in whole or in part) of any fee or deposit, releasing or discharging (in whole or in part) any security, and releasing or discharging (in whole or in part) any party to the contract from any obligation under the contract;

where the scheduled contract is one mentioned in paragraph 1(i) of the Schedule — releasing or discharging (in whole or in part) any party to the contract from any obligation under the contract;

requiring an amount of deposit taken under the contract to be offset against any amount owing under the contract;

requiring a party to the contract to pay reasonable costs incurred by another party in the performance of the contract;

requiring the parties to the determination to attend before the assessor after a specified time for a further review of the matter and to make any further determination as is appropriate; and

such other determination as may be prescribed.”;

by inserting, immediately after subsection (3), the following subsections:“(3A) Where the assessor determines under subsection (1)(b) that it is just and equitable in the circumstances of the case to extend the period for the exercise of the right, that period is extended by a period the assessor considers just and equitable.(3B) Where the assessor determines under subsection (1)(b) that it is just and equitable in the circumstances of the case for the consideration for the right to be refunded in whole or in part, then the consideration or part must be refunded.”;

by deleting the words “subsection (1)(b)” in subsections (4), (5) and (6) and substituting in each case the words “subsection (1)(c)”;

by inserting, immediately after subsection (6), the following subsection:“(6A) Where the assessor determines under subsection (1)(c) that it is just and equitable in the circumstances of the case for the cancellation fee or any part of the fee to be paid, the party liable to pay the fee must pay the fee or that part of the fee.”; and

by deleting the words “subsection (5)” in subsection (7) and substituting the words “subsection (3B), (5) or (6A)”.