Clause 16

does not fall within such description of contracts as may be prescribed;

is in force during the prescribed period (or any part of it); and

is, on or after 1 February 2020 and before the expiry of the prescribed period, affected by a delay in the performance by a party to a construction (or construction‑related) contract or supply (or supply‑related) contract, or a breach of such contract, where such delay or breach —

occurs on or after 1 February 2020 and before the expiry of the prescribed period; and

is to a material extent caused by a COVID‑19 event.Division 2 — DeterminationApplication for determination37.—

A party to an affected contract may, within the prescribed time, apply in the prescribed form and manner to the Registrar to appoint an assessor to make a determination —

whether the case is one to which this Part applies; and

in a case to which this Part applies, whether it is just and equitable in the circumstances of the case —

for any prescribed obligation or prescribed right under the contract to be performed or exercised in a manner other than in accordance with the terms of the contract; and

for any prescribed term in the contract to be varied, released or discharged.(2) A copy of the application under subsection (1) must be served within the period specified in the regulations made under section 39 on —

the other party or parties to the affected contract; and

such other person as may be prescribed.(3) If the Registrar is satisfied that the application is made and served in accordance with subsections (1) and (2), the Registrar must appoint an assessor to determine the application and must serve a notice of the appointment on the applicant and on all the parties mentioned in subsection (2).Determination38.—

On the application of the applicant under section 37 for a determination by an assessor, the assessor must —

make a determination whether the case is one to which this Part applies; and

in a case to which this Part applies, also make a determination whether it is just and equitable in the circumstances of the case —

for any prescribed obligation or prescribed right under the affected contract to be performed or exercised in a manner other than in accordance with the terms of the contract; and

for any prescribed term in the affected contract to be varied, released or discharged.(2) When making a determination, the assessor —

may take into account prescribed factors; and

must seek to achieve an outcome that is just and equitable in the circumstances of the case.(3) A determination under subsection (1) may, with the leave of the court, be enforced in the same manner as a judgment or an order of the court to the same effect.(4) Where leave of the court is granted, judgment may be entered in the terms of the determination.(5) The determination is binding on all the parties to the application and all parties claiming under or through them.(6) There is no appeal from a determination.(7) Sections 14, 15 and 15A apply with the necessary modifications to proceedings before an assessor under this section as if a reference to an assessor’s determination in those sections is a reference to a determination.(8) Sections 16 and 17 apply to the Registrar or an assessor when carrying out his or her functions and duties under this Part as they apply to the Registrar or an assessor when carrying out his or her functions and duties under Part 2.Division 3 — MiscellaneousRegulations for this Part39.—

The Minister may make regulations for or with respect to any matter that is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Part.(2) Without limiting subsection (1), the regulations may —

provide for a party to an affected contract to be required to perform an obligation under the contract in a manner other than in accordance with the terms of the contract;

provide for a party to the affected contract to be allowed to exercise a right under the contract in a manner other than in accordance with the terms of the contract;

provide for any obligation or right under the affected contract to be varied, released or discharged; and

provide for the use of an alternative method of dispute resolution, such as mediation, to manage and resolve any dispute between the parties to the affected contract.(3) Any regulation made under this section may make provision for or in relation to a matter by applying, adopting or incorporating by reference, with or without modification, any regulations made under section 19 or a part of any such regulations, as in force at a particular time or from time to time.”.