COVID-19 (Temporary Measures) Act 2020 · s 9

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—(1) If a party to a scheduled contract (called in this section A) intends to seek relief under section 5, 5A or 7, A must, within the period specified in regulations made under section 19, and whether with or without prior demand for performance, serve a notification for relief that contains the prescribed information on —(a)the other party or parties to the contract;(b)any guarantor or surety for A’s obligation in the contract; and(c)such other person as may be prescribed.(2) Any party to the contract may, within the period specified by regulations made under section 19, apply in accordance with section 12 to the Registrar to appoint an assessor to make a determination of the following:(a)whether the case is one to which section 5 or 5A applies;(b)in a case mentioned in section 5A — whether it is just and equitable in the circumstances of the case —(i)to extend the period for the exercise of the right (if it has not already expired); or(ii)for the consideration paid for the right to be refunded in whole or in part;(c)in a case mentioned in section 7 — whether it is just and equitable in the circumstances of the case —(i)for the deposit or any part of the deposit to be forfeited; or(ii)for the cancellation fee or any part of the cancellation fee to be paid.
If a party to a scheduled contract (called in this section A) intends to seek relief under section 5, 5A or 7, A must, within the period specified in regulations made under section 19, and whether with or without prior demand for performance, serve a notification for relief that contains the prescribed information on —(a)the other party or parties to the contract;(b)any guarantor or surety for A’s obligation in the contract; and(c)such other person as may be prescribed.
Any party to the contract may, within the period specified by regulations made under section 19, apply in accordance with section 12 to the Registrar to appoint an assessor to make a determination of the following:(a)whether the case is one to which section 5 or 5A applies;(b)in a case mentioned in section 5A — whether it is just and equitable in the circumstances of the case —(i)to extend the period for the exercise of the right (if it has not already expired); or(ii)for the consideration paid for the right to be refunded in whole or in part;(c)in a case mentioned in section 7 — whether it is just and equitable in the circumstances of the case —(i)for the deposit or any part of the deposit to be forfeited; or(ii)for the cancellation fee or any part of the cancellation fee to be paid.

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s 9Notification for relief

(1)

If a party to a scheduled contract (called in this section A) intends to seek relief under section 5, 5A or 7, A must, within the period specified in regulations made under section 19, and whether with or without prior demand for performance, serve a notification for relief that contains the prescribed information on —

(a)

the other party or parties to the contract;

(b)

any guarantor or surety for A’s obligation in the contract; and

(c)

such other person as may be prescribed.

(2)

Any party to the contract may, within the period specified by regulations made under section 19, apply in accordance with section 12 to the Registrar to appoint an assessor to make a determination of the following:

(a)

whether the case is one to which section 5 or 5A applies;

(b)

in a case mentioned in section 5A — whether it is just and equitable in the circumstances of the case —

(i)

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

(ii)

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

(c)

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

(i)

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

(ii)

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