Statute Details
- Title: COVID-19 (Temporary Measures) (Part 10 Relief) Regulations 2021
- Act Code: COVID19TMA2020-S23-2021
- Type: Subsidiary Legislation (SL)
- Authorising Act: COVID-19 (Temporary Measures) Act 2020 (Act 14 of 2020)
- Enacting power: Made under section 79 of the COVID-19 (Temporary Measures) Act 2020
- Commencement: 15 January 2021
- Status: Current version as at 27 March 2026
- Key subject matter: Procedural and administrative rules for “Part 10 Relief” notices and determinations (including negotiation, adjustment, compensation, revision, and related assessor proceedings)
- Key provisions (from extract): Regulation 1 (citation and commencement); Regulation 2 (definitions); Regulations 10–24 (specified notices); Regulations 25–41 (adjustment relief assessor framework and procedure)
What Is This Legislation About?
The COVID-19 (Temporary Measures) (Part 10 Relief) Regulations 2021 (“Part 10 Relief Regulations”) are subsidiary legislation made to operationalise a specific relief framework under the COVID-19 (Temporary Measures) Act 2020. In plain language, the Regulations set out the procedural “how-to” rules for parties who seek relief connected to COVID-19-related financial or contractual stress, and for the official decision-making process that follows.
Part 10 Relief under the Act is not simply a blanket waiver or automatic reduction. Instead, it is a structured process involving notices (for negotiation, adjustment, compensation, revision, and certain national-interest contracts), formal communications, and determinations by appointed “adjustment relief assessors”. The Regulations therefore focus heavily on definitions, prescribed assessment factors and rates (where relevant), service and electronic filing mechanics, and the procedural safeguards for hearings and determinations.
For practitioners, the Regulations are most valuable as a procedural checklist: they specify what documents must be lodged, how notices must be served (including via electronic systems), how time limits and amendments operate, and what happens if a party fails to comply or if an assessor cannot continue. These details often determine whether a party can effectively pursue relief or whether procedural defects undermine its position.
What Are the Key Provisions?
1) Preliminary and definitions (Regulations 1–2). Regulation 1 provides the citation and commencement date (15 January 2021). Regulation 2 contains definitions that drive the rest of the scheme. The extract highlights several important defined terms that matter in practice, including:
- “accrued arrears”: amounts referenced in section 53(4)(a) of the Act, including interest or other charges on that amount. This definition is relevant where the relief framework distinguishes between principal amounts and arrears/charges.
- “designated email address” and “designated postal address”: these are the operative contact points for service and communications under Part 10. The Regulations tie the designated addresses to what is specified in the relevant notice or later submissions, and they also provide fallback rules for “any other person”.
- “CorpPass” and “CorpPass credential”: these definitions indicate that identity authentication is used for online transactions with government/public bodies—critical for electronic filing and communications.
- “determination”: defined as a determination under sections 66 or 67 of the Act (as indicated in the extract). This anchors the assessor’s decision-making within the Act’s substantive framework.
2) General matters: assessment factors, rates, and service mechanics (Regulations 3–9). Although the extract does not reproduce the text of Regulations 3–9, their headings show what they do. Regulation 3 prescribes “assessment factors”, which means the Regulations specify what the decision-maker must consider when assessing relief. Regulation 4 prescribes a rate for section 53(4)(a)(iii) of the Act—again, a technical but potentially outcome-determinative parameter (for example, where interest or a rate-based component is involved).
Regulations 5–9 address procedural logistics: forms and documents, prescribed mode of service, when service takes effect and proof of service, and the electronic system. For practitioners, these provisions are often where disputes arise—particularly around whether service was properly effected and whether electronic submissions were made in the correct manner. Regulation 8 and 9 specifically deal with the electronic system and its use, signalling that Part 10 Relief is designed to be administered through secure online channels, likely using CorpPass authentication.
3) Specified notices under Part 10 of the Act (Regulations 10–24). Part 3 is structured as five divisions, each corresponding to a type of notice and its procedural lifecycle:
- Division 1: Notice of negotiation (Regulations 10–14). This includes interpretation (Regulation 10), the notice itself (Regulation 11), and withdrawal (Regulation 12). It also covers an objection to a notice of negotiation (Regulation 13) and withdrawal of that objection (Regulation 14).
- Division 2: Notice for adjustment (Regulations 15–16). This sets out how a party may trigger adjustment relief and how such a notice may be withdrawn.
- Division 3: Notice for compensation (Regulations 17–18). This sets out the procedural steps for compensation-related relief and withdrawal.
- Division 4: Notice of revision (Regulations 19–21). This includes revision notices, objections, and withdrawal of objections.
- Division 5: Notice of negotiation for contract of national interest (Regulations 22–24). This is a specialised track for certain contracts, including notice of negotiation, notice for repricing, and withdrawal.
The practical significance is that Part 10 Relief is notice-driven. Each notice type likely corresponds to a different stage or remedy under the Act. The Regulations ensure that parties can initiate the process, respond through objections, and withdraw where appropriate. For counsel, the key is to treat each notice as a formal procedural instrument: it must be served to the correct designated addresses, lodged in the correct format, and followed by the correct next step (including objections, amendments, or escalation to an assessor).
4) Adjustment relief assessor’s determination: appointment, procedure, and safeguards (Regulations 25–41). Part 4 sets out the framework for the “adjustment relief assessor” process. The Regulations are detailed and practitioner-focused:
- Qualifications (Regulation 25): specifies who may be appointed as an adjustment relief assessor. This matters for challenges to jurisdiction or competence.
- Communications and lodging requirements (Regulations 26–27): sets out what documents must be lodged with the adjustment relief Registrar or assessor, and how the Registrar/assessor may communicate with parties.
- Appointment and procedural management (Regulations 28–34): includes appointment (Regulation 28), amendment of notice (Regulation 29), hearing and determination (Regulation 30), and contingencies where an assessor cannot continue (Regulation 31) or where a directed attendee is absent (Regulation 32).
- Unanimity requirement (Regulation 33): where more than one assessor is involved, the determination must be unanimous. This is a meaningful safeguard and a potential tactical consideration (e.g., if a panel is constituted, unanimity can raise the threshold for relief).
- Notification to court and status updates (Regulation 34): ensures that courts and relevant bodies are informed about the status of proceedings.
General provisions (Regulations 35–41) address enforcement and record-keeping:
- Effect of non-compliance (Regulation 35): provides consequences if procedural requirements are not met. This can include dismissal, refusal to consider documents, or other adverse effects.
- Correction of error (Regulation 36): allows correction of errors in a determination.
- Extension of time (Regulation 37): provides a mechanism to seek more time, which is crucial where service or lodging deadlines are missed.
- Registry and records (Regulations 38–39): establishes a registry of assessors and rules on records.
- Registrar’s directives (Regulation 40): empowers directives that guide procedural conduct.
- Publication of determinations (Regulation 41): provides for publication, which affects confidentiality strategy and the availability of precedential guidance.
How Is This Legislation Structured?
The Regulations are organised into four Parts:
- Part 1 (Preliminary): citation, commencement, and definitions.
- Part 2 (General matters): prescribed assessment factors and rates, plus procedural rules on forms, service, proof of service, and electronic systems.
- Part 3 (Specified notices under Part 10 of Act): five divisions covering different notice types (negotiation, adjustment, compensation, revision, and national-interest contract negotiation/repricing), including withdrawal and objection mechanics.
- Part 4 (Adjustment relief assessor’s determination): assessor eligibility, communications and lodging, hearing/determination procedure, and general provisions on compliance, correction, time extensions, registry/records, directives, and publication.
Who Does This Legislation Apply To?
The Regulations apply to parties who participate in the Part 10 Relief process under the COVID-19 (Temporary Measures) Act 2020. This includes parties who serve specified notices (such as notices of negotiation, adjustment, compensation, revision, and national-interest contract negotiation/repricing), as well as persons who lodge objections or other related documents.
They also apply to the administrative and adjudicative actors in the scheme: the adjustment relief Registrar, adjustment relief assessors, and any other persons involved in the procedural steps (including those directed to attend hearings). Because the Regulations define “designated email address” and “designated postal address” by reference to notices and submissions, the practical scope is tied to who has an active procedural role in the relevant notice and determination process.
Why Is This Legislation Important?
Although the Regulations are procedural, they can be outcome-critical. In relief schemes, substantive rights often depend on whether the correct procedural steps are taken—at the correct time, to the correct address, using the correct form, and with proper proof of service. The Part 10 Relief Regulations are therefore essential reading for counsel advising on COVID-19-related contractual or financial disputes within the Act’s framework.
From an enforcement perspective, the Regulations establish how the process is administered: they define the electronic system and authentication approach (including CorpPass), prescribe assessment factors and rates, and set out the assessor’s hearing and determination procedure. The unanimity requirement (where multiple assessors are appointed) and the provisions on non-compliance and time extensions can materially affect strategy and risk management.
Finally, publication of determinations means that decisions may become publicly accessible. This can influence how parties frame submissions, how they anticipate arguments, and how future cases interpret the assessment factors and procedural expectations.
Related Legislation
- COVID-19 (Temporary Measures) Act 2020 (Act 14 of 2020) — in particular Part 10 relief provisions (including sections referenced in the Regulations such as sections 45, 46, 47, 51, 53, 61, 66, and 67 as indicated by the extract)
- COVID-19 (Temporary Measures) (Part 10 Relief) Regulations 2021 — as amended (notably amended by S 265/2021 per the timeline metadata)
Source Documents
This article provides an overview of the COVID-19 (Temporary Measures) (Part 10 Relief) Regulations 2021 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.