In forceAmendedUpdated to 1 Jul 2026

Contents

COVID-19 (Temporary Measures) Act 2020 · Updated to 1 Jul 2026 · Part 2A · Rental Relief and Related Measures

19M. Application for determination

Amended

Last amended by an amending law of 2020.

(1)

This section applies when the owner of a prescribed property receives a notice of cash grant pertaining to a tenant that is purportedly a PTO of that property (called in this Division the subject tenant).

(2)

Any landlord (including the owner) or tenant of the property in the PTO chain (called in this Division the applicant) may, within the prescribed time, apply in the prescribed form and manner to the Registrar to appoint a rental relief assessor to make any of the determinations mentioned in subsection (3) or (4), as applicable.

(3)

If the applicant is a landlord, the determinations are —

(a)

whether the subject tenant satisfies the prescribed criteria for a PTO;

(b)

whether the subject tenant (being a PTO) satisfies the prescribed additional criteria for the additional rental relief; and

(c)

whether the applicant satisfies the prescribed criteria for a reduction of the additional rental relief.

(4)

If the applicant is either a landlord or tenant, the determinations are —

(a)

the actual amount of the rent under the lease agreement; and

(b)

the actual amount of any component of the formula used to compute the prescribed amount of rent that is waived under section 19H or 19J in the particular case.

(5)

An application for a determination mentioned in subsection (4) may not be made if —

(a)

proceedings before a court or an arbitral tribunal have commenced in relation to the matter in question; or

(b)

a judgment of a court, an arbitral award, a compromise or a settlement has been given or made in relation to the matter in question.

(6)

A copy of the application under subsection (2) must be served within the prescribed time on all the landlords (including the owner) and tenants of the property in the PTO chain and such other person as may be prescribed.

(7)

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

(8)

The Registrar may reject an application if —

(a)

the application is incomplete or otherwise not made in accordance with subsection (2);

(b)

the applicant fails to satisfy the Registrar that subsection (6) is complied with;

(c)

the applicant fails to comply with the Registrar’s request under subsection (7);

(d)

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

(e)

it appears to the Registrar, from the application or any information provided by the applicant, that the application is frivolous or an abuse of process; or

(f)

where the application is for a determination mentioned in subsection (4) — it appears to the Registrar, from the application or any information provided by the applicant under subsection (7), that the application is made in breach of subsection (5).

(9)

Unless the Registrar rejects an application under subsection (8), the Registrar must appoint a rental relief assessor to determine the application and must serve a notice of the appointment on the applicant and the persons mentioned in subsection (6).

Terms defined in this Act

landlord
Defined · s 19B
“landlord”, for any property, includes a lessor, sub-lessor, licensor or sub-licensor for that property, but excludes a person or class of persons prescribed as not being a landlord or landlords;
Open s 19B
lease agreement
Defined · s 19B
“lease agreement”, for any property, includes a lease or licence for that property;
Open s 19B
notice of cash grant
Defined · s 19B
“notice of cash grant” means a notice issued under section 19F by the Authority to the owner of a prescribed property;
Open s 19B
prescribed property
Defined · s 19B
“prescribed property” means any prescribed non-residential property or any property belonging to a prescribed class of non-residential property, and includes any part of such property;
Open s 19B
property
Defined · s 19B
“property” includes any part of the property;
Open s 19B
PTO
Defined · s 19B
“prescribed tenant-occupier” or “PTO” means a tenant of any prescribed property who satisfies the prescribed criteria and who is an occupier of the property;
Open s 19B
PTO chain
Defined · s 19B
“PTO chain”, for a PTO of a prescribed property, means a chain of landlords and tenants of that property ending with the PTO;
Open s 19B
Registrar
Defined · s 2
“Registrar” means the Registrar of assessors appointed under section 10(1), and includes any Deputy Registrar of assessors exercising the functions of the Registrar;
Open s 2
rent
Defined · s 19B
“rent” includes licence fee and any matter that is prescribed as being rent, but excludes any service charge and maintenance charge and any other matter that is prescribed as not being rent;
Open s 19B
rental relief assessor
Defined · s 19B
“rental relief assessor” means a person appointed to the panel of rental relief assessors under section 19L;
Open s 19B
tenant
Defined · s 19B
“tenant”, for any property, includes a lessee, sub-lessee, licensee or sub-licensee for that property, but excludes a person or class of persons prescribed as not being a tenant or tenants.
Open s 19B