Clause 7

in section 1(4), after “Part 2”, insert “but subject to section 1B”;

after section 1, insert —“Applications for assessor’s determination between 20 April 2022 and 30 April 20221A.—

This section applies in a case where an application (called in this section a validated application) was purportedly made at any time between 20 April 2022 and 30 April 2022 (both dates inclusive) for an assessor’s determination, and the making of it would have complied with the relevant Part 2 provisions had these remained in force at the material time.(2) Despite section 1(2A) but without affecting section 1(4), a validated application is treated as validly made, as if the relevant Part 2 provisions were in force at the material time.(3) Despite section 1(2A) but without affecting section 1(4), each of the following is treated as validly made, as if the relevant Part 2 provisions were in force at the material time, but only if its making would have complied with the relevant Part 2 provisions had these remained in force at the material time:

the appointment of an assessor pursuant to a validated application;

the rejection of a validated application under section 12(2B);

an assessor’s determination made on a validated application;

an application for a subsequent determination under section 13A in connection with a determination mentioned in paragraph (c);

the appointment of an assessor pursuant to an application under paragraph (d);

a subsequent determination under section 13A in connection with a determination mentioned in paragraph (c), whether pursuant to an application under paragraph (d) or otherwise.(4) Subject to section 1B, the Part 2 provisions have effect and are always taken to have effect in relation to a validated application, an assessor’s determination in subsection (3)(c) and a subsequent determination in subsection (3)(f). (5) However, a person shall not be punished for an act or omission committed at any time between 20 April 2022 and the date immediately before section 7(b) of the Statutes (Miscellaneous Amendments) Act 2022 comes into force (both dates inclusive) that, but for subsection (4), would not have been an offence.(6) In this section, “Part 2 provisions” means the provisions of Division 4 of Part 2, including the regulations made under section 19 for that Division.Modification of Part 2 provisions for certain applications for determination by assessor1B. For the purposes of sections 1(4)(a) and 1A(4), Division 4 of Part 2 has effect in relation to an application for an assessor’s determination mentioned in section 1(4)(a), and in relation to a validated application mentioned in section 1A, with the following modifications:

a reference in sections 12(4)(a) and 13(1A)(a) to the expiry of the prescribed period is a reference to the date prescribed by regulations made under section 1C;

no determination may be made pursuant to section 13A(1) after the date prescribed by regulations made under section 1C;

sections 12(4) and 13(1A) (as modified by this section) also apply to any description of scheduled contracts as may be prescribed by regulations made under section 1C.Regulations to give effect to sections 1A and 1B1C. The Minister may make regulations for the purposes of giving effect to sections 1A and 1B.”; and

in section 38A(1), after “another assessor may,”, insert “before the prescribed date,”.