COVID-19 (Temporary Measures) Act 2020 · s 13

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—(1) Subject to subsection (1A), on an application for an assessor’s determination, the assessor must —(a)make a determination whether the case in question is one to which section 5 or 5A (as the case may be) applies;(b)in a case mentioned in section 5A — also make a determination 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; and(c)in a case mentioned in section 7 — also make a determination 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.(1A) Despite subsection (1) —(a)any application for an assessor’s determination in respect of a contract that falls within a description of scheduled contracts prescribed as scheduled contracts to which this subsection applies, that has not been determined by an assessor at the expiry of the prescribed period for that description of scheduled contracts, is deemed to be withdrawn; and(b)the assessor must not make a determination on the application.(2) When making a determination, the assessor —(a)may take into account the ability and financial capacity of the party concerned to perform the obligation or exercise the right that is the subject of the application, and other prescribed factors; and(b)must seek to achieve an outcome that is just and equitable in the circumstances of the case.(3) Where the assessor determines under subsection (1)(a) in relation to such scheduled contracts as may be prescribed that the case is one to which section 5 or 5A applies, the assessor may make further determinations in order to achieve an outcome that is just and equitable in the circumstances of the case, including (but not limited to) —(a)requiring a party to the contract to do anything or pay any sum of money to discharge any obligation under the contract;(b)in a case where a right of repossession of goods under the contract or of re‑entry or forfeiture under a lease or licence of immovable property had been exercised by a party in breach of section 5(2) — requiring the party to return the goods or give possession of the immovable property to the other party;(c)where the scheduled contract is one mentioned in paragraph 1(e) or (f) of the First 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;(d)where the scheduled contract is one mentioned in paragraph 1(i) of the First Schedule — releasing or discharging (in whole or in part) any party to the contract from any obligation under the contract;(e)requiring an amount of deposit taken under the contract to be offset against any amount owing under the contract;(f)requiring a party to the contract to pay reasonable costs incurred by another party in the performance of the contract;(g)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(h)such other determination as may be prescribed.(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.(4) Where the assessor determines under subsection (1)(c) that it is just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited, the deposit may be forfeited or retained (as the case may be) for the full amount or such amount as the assessor considers just and equitable.(5) Where the assessor determines under subsection (1)(c) that it is not just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited, the deposit or part of the deposit must be restored as if it had not been forfeited.(6) Where the assessor determines under subsection (1)(c) that it is not just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited, the assessor may make further determinations in order to achieve an outcome that is just and equitable in the circumstances of the case.(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.(7) An assessor’s further determination under subsection (3) or (6), or determination under subsection (3B), (5) or (6A) may, with leave of the court, be enforced in the same manner as a judgment or an order of the court to the same effect.(8) Where leave of the court is so granted, judgment may be entered in the terms of the assessor’s determination.(9) The assessor’s determination is binding on all the parties to the application and all parties claiming under or through them. (10) There is no appeal from an assessor’s determination.(11) A person who, without reasonable excuse, fails to comply with a further determination made by an assessor under subsection (3) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.(12) A person who, without reasonable excuse, fails to restore an amount of a deposit determined by an assessor to be restored shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
Subject to subsection (1A), on an application for an assessor’s determination, the assessor must —(a)make a determination whether the case in question is one to which section 5 or 5A (as the case may be) applies;(b)in a case mentioned in section 5A — also make a determination 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; and(c)in a case mentioned in section 7 — also make a determination 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.
Despite subsection (1) —(a)any application for an assessor’s determination in respect of a contract that falls within a description of scheduled contracts prescribed as scheduled contracts to which this subsection applies, that has not been determined by an assessor at the expiry of the prescribed period for that description of scheduled contracts, is deemed to be withdrawn; and(b)the assessor must not make a determination on the application.
When making a determination, the assessor —(a)may take into account the ability and financial capacity of the party concerned to perform the obligation or exercise the right that is the subject of the application, and other prescribed factors; and(b)must seek to achieve an outcome that is just and equitable in the circumstances of the case.
Where the assessor determines under subsection (1)(a) in relation to such scheduled contracts as may be prescribed that the case is one to which section 5 or 5A applies, the assessor may make further determinations in order to achieve an outcome that is just and equitable in the circumstances of the case, including (but not limited to) —(a)requiring a party to the contract to do anything or pay any sum of money to discharge any obligation under the contract;(b)in a case where a right of repossession of goods under the contract or of re‑entry or forfeiture under a lease or licence of immovable property had been exercised by a party in breach of section 5(2) — requiring the party to return the goods or give possession of the immovable property to the other party;(c)where the scheduled contract is one mentioned in paragraph 1(e) or (f) of the First 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;(d)where the scheduled contract is one mentioned in paragraph 1(i) of the First Schedule — releasing or discharging (in whole or in part) any party to the contract from any obligation under the contract;(e)requiring an amount of deposit taken under the contract to be offset against any amount owing under the contract;(f)requiring a party to the contract to pay reasonable costs incurred by another party in the performance of the contract;(g)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(h)such other determination as may be prescribed.
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.
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.
Where the assessor determines under subsection (1)(c) that it is just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited, the deposit may be forfeited or retained (as the case may be) for the full amount or such amount as the assessor considers just and equitable.
Where the assessor determines under subsection (1)(c) that it is not just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited, the deposit or part of the deposit must be restored as if it had not been forfeited.
Where the assessor determines under subsection (1)(c) that it is not just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited, the assessor may make further determinations in order to achieve an outcome that is just and equitable in the circumstances of the case.
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.
An assessor’s further determination under subsection (3) or (6), or determination under subsection (3B), (5) or (6A) may, with leave of the court, be enforced in the same manner as a judgment or an order of the court to the same effect.
Where leave of the court is so granted, judgment may be entered in the terms of the assessor’s determination.
The assessor’s determination is binding on all the parties to the application and all parties claiming under or through them.
There is no appeal from an assessor’s determination.
A person who, without reasonable excuse, fails to comply with a further determination made by an assessor under subsection (3) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
A person who, without reasonable excuse, fails to restore an amount of a deposit determined by an assessor to be restored shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

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s 13Assessor’s determination

(1)

Subject to subsection (1A), on an application for an assessor’s determination, the assessor must —

(a)

make a determination whether the case in question is one to which section 5 or 5A (as the case may be) applies;

(b)

in a case mentioned in section 5A — also make a determination 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; and

(c)

in a case mentioned in section 7 — also make a determination 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.

(1A)

Despite subsection (1) —

(a)

any application for an assessor’s determination in respect of a contract that falls within a description of scheduled contracts prescribed as scheduled contracts to which this subsection applies, that has not been determined by an assessor at the expiry of the prescribed period for that description of scheduled contracts, is deemed to be withdrawn; and

(b)

the assessor must not make a determination on the application.

(2)

When making a determination, the assessor —

(a)

may take into account the ability and financial capacity of the party concerned to perform the obligation or exercise the right that is the subject of the application, and other prescribed factors; and

(b)

must seek to achieve an outcome that is just and equitable in the circumstances of the case.

(3)

Where the assessor determines under subsection (1)(a) in relation to such scheduled contracts as may be prescribed that the case is one to which section 5 or 5A applies, the assessor may make further determinations in order to achieve an outcome that is just and equitable in the circumstances of the case, including (but not limited to) —

(a)

requiring a party to the contract to do anything or pay any sum of money to discharge any obligation under the contract;

(b)

in a case where a right of repossession of goods under the contract or of re‑entry or forfeiture under a lease or licence of immovable property had been exercised by a party in breach of section 5(2) — requiring the party to return the goods or give possession of the immovable property to the other party;

(c)

where the scheduled contract is one mentioned in paragraph 1(e) or (f) of the First 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;

(d)

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

(e)

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

(f)

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

(g)

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

(h)

such other determination as may be prescribed.

(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.

(4)

Where the assessor determines under subsection (1)(c) that it is just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited, the deposit may be forfeited or retained (as the case may be) for the full amount or such amount as the assessor considers just and equitable.

(5)

Where the assessor determines under subsection (1)(c) that it is not just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited, the deposit or part of the deposit must be restored as if it had not been forfeited.

(6)

Where the assessor determines under subsection (1)(c) that it is not just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited, the assessor may make further determinations in order to achieve an outcome that is just and equitable in the circumstances of the case.

(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.

(7)

An assessor’s further determination under subsection (3) or (6), or determination under subsection (3B), (5) or (6A) may, with leave of the court, be enforced in the same manner as a judgment or an order of the court to the same effect.

(8)

Where leave of the court is so granted, judgment may be entered in the terms of the assessor’s determination.

(9)

The assessor’s determination is binding on all the parties to the application and all parties claiming under or through them.

(10)

There is no appeal from an assessor’s determination.

(11)

A person who, without reasonable excuse, fails to comply with a further determination made by an assessor under subsection (3) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

(12)

A person who, without reasonable excuse, fails to restore an amount of a deposit determined by an assessor to be restored shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.