In forceAmendedUpdated to 1 Jul 2026

Contents

COVID-19 (Temporary Measures) Act 2020 · Updated to 1 Jul 2026 · Part 2 · Temporary Relief for Inability to Perform Contracts

12. Application for assessor’s determination

Amended

Last amended by an amending law of 2020.

(1)

An application for an assessor’s determination must be made in the form and manner prescribed by regulations made under section 19 and must be accompanied by the prescribed fee.

(2)

A copy of the application must be served within the period specified in the regulations made under section 19 on —

(a)

the other party or parties to the contract; (b)any guarantor or surety for the obligation in the contract that is the subject of the application; and

(c)

such other person as may be prescribed.

(2A)

The Registrar may, for the purposes of deciding whether to appoint an assessor to determine an application, request the applicant to provide further information within the time specified by the Registrar.

(2B)

The Registrar may reject an application if —

(a)

the application is incomplete or otherwise not made in accordance with subsection (1);

(b)

the application is not made within the period prescribed by regulations under section 19 for this purpose;

(c)

the applicant fails to satisfy the Registrar that subsection (2) is complied with;

(d)

the applicant fails to comply with the Registrar’s request under subsection (2A);

(e)

any part of the application is inconsistent with any information contained in the notification for relief served by the applicant under section 9(1), if applicable;

(f)

the Registrar reasonably suspects that any information provided by the applicant to the Registrar is false or misleading in a material particular; or

(g)

it appears to the Registrar, from the application or any information provided by the applicant under subsection (2A), that —

(i)

the contract in question is not a scheduled contract;

(ii)

the contract in question is a contract described in section 4(1)(a) or (b);

(iii)

the obligation or right in the contract in question is to be performed or exercised before 1 February 2020; or

(iv)

the application is frivolous or an abuse of process.

(3)

Subject to subsection (4) and unless the Registrar rejects an application under subsection (2B), 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).

(4)

Despite subsection (3) —

(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 is pending at the expiry of the prescribed period for that description of scheduled contracts, is deemed to be withdrawn; and

(b)

the Registrar must not appoint an assessor to determine the application.