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

38C. Section 38 powers may be exercised in adjudication, etc., under Building and Construction Industry Security of Payment Act

Amended

Last amended by an amending law of 2020.

(1)

This section applies where a respondent, in objections raised under section 11(2) of SOPA, in the adjudication response under section 15 of SOPA, or during the determination of an adjudication application by an adjudicator under section 17 of SOPA —

(a)

stated that this Part applies to the case; and

(b)

provided all of the information required to be set out in an application under section 37(1).

(2)

An adjudicator may, when determining the adjudication application under section 17 of SOPA, also exercise the powers mentioned in section 38(1)(a) and (b) as if he or she were an assessor determining an application under section 37, and section 38(2) applies with the necessary modifications to the exercise of those powers.

(3)

A review adjudicator may, when reviewing a determination of an adjudicator under section 19 of SOPA —

(a)

review any determination of the adjudicator under subsection (2); and

(b)

substitute a determination mentioned in paragraph (a) with his or her own determination.

(4)

The Minister charged with the responsibility for SOPA may make regulations for the purpose of carrying out or giving effect to this section, and those regulations may in particular provide for the following:

(a)

the forms to be used and the information or documents to be furnished;

(b)

the manner in which an adjudicator or a review adjudicator is to exercise or perform the duties or functions of an adjudicator or a review adjudicator, as the case may be;

(c)

a modification of a provision of SOPA or its regulations as is necessary or expedient for carrying out subsection (2) or (3).

(5)

This section applies despite any provision of SOPA or other written law.