In forceAmendedUpdated to 1 Jul 2026

Contents

COVID-19 (Temporary Measures) Act 2020 · Updated to 1 Jul 2026 · Part 8 · Contracts Affected by Delay in the Performance or Breach of a Construction Contract, Supply Contract or Related Contract

38A. Subsequent determinations

Amended

Last amended by an amending law of 2022. 2 amendments in all.

(1)

After an assessor has made a determination under section 38(1), the assessor or another assessor may, before the prescribed date, either on his or her own motion or on the application of one or both of the parties to the determination —

(a)

vary or replace the determination if there has been a material change in the circumstances after it has been made and it is just and equitable for the variation or replacement to be made; or

(b)

require the parties to attend before the assessor after a specified time for a further review of the matter and to make any additional determination as is appropriate.

(2)

In considering whether it is just and equitable for a variation or replacement of the determination to be made under subsection (1)(a), or whether to make any additional determination under subsection (1)(b), the assessor must take into account the following factors:

(a)

whether there has been any undue delay by the applicant in making the application for a subsequent determination under subsection (1);

(b)

whether any party to the affected contract has taken any action in reliance on the determination;

(c)

whether, in relation to the prescribed obligation or prescribed right under the affected contract, or the prescribed term in the affected contract —

(i)

proceedings before a court have commenced;

(ii)

arbitral proceedings under the Arbitration Act have commenced; or

(iii)

an adjudication application has been made under section 13(1) of SOPA,and if so, the stage of the proceedings or application mentioned in sub-paragraph (i), (ii) or (iii).

(3)

No action may be taken under subsection (1) if a judgment, an arbitral award or a determination has been given or made in relation to any proceedings or application mentioned in subsection (2)(c)(i), (ii) or (iii).

(4)

Section 38 applies with the necessary modifications to any determination made under subsection (1).