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

8. Consequences for taking action in contravention of section 5, 5A, 6, 7 or 7A

Amended

Last amended by an amending law of 2020.

(1)

Any person who, without reasonable excuse, contravenes section 5(2), 5A(2), 6(2), 7(2) or (3) or 7A(5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

(2)

Any proceedings commenced in breach of section 5(2) must, on the lodgment of a copy of the notification for relief with the court, arbitral tribunal or other person or body before which the proceedings are brought, be dismissed.

(3)

The enforcement of any security in breach of section 5(2) is void except as against a bona fide purchaser for value without notice of the notification for relief.

(4)

The following actions are void:

(a)

the appointment of a receiver or manager over any property or undertaking of a person made in breach of section 5(2);

(aa)

the forfeiture of any consideration in breach of section 5A(2);

(b)

a call on a performance bond or equivalent made in breach of section 6(2);

(c)

the forfeiture of a deposit or part of a deposit made in breach of section 7(2).

(5)

Each of the following actions taken in breach of section 5(2) is invalid: (a)the repossession of any goods under a contract;