Statute Details
- Title: COVID-19 (Temporary Measures) (Part 8C Relief) Regulations 2021
- Act Code: COVID19TMA2020-S497-2021
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: COVID-19 (Temporary Measures) Act 2020 (Act 14 of 2020)
- Power Used: Section 39P of the COVID-19 (Temporary Measures) Act 2020
- Commencement: 1 July 2021 at 12.01 a.m.
- Current Status (as provided): Current version as at 27 Mar 2026
- Key Structure: Part 1 (Preliminary), Part 2 (General Matters), Part 3 (Assessor’s Determination)
- Key Definitions Provision: Regulation 2 (definitions)
What Is This Legislation About?
The COVID-19 (Temporary Measures) (Part 8C Relief) Regulations 2021 is subsidiary legislation made under the COVID-19 (Temporary Measures) Act 2020. In practical terms, it provides the operational framework for a specific “relief” regime in the Act—commonly understood as a set of temporary measures designed to manage contractual and financial impacts arising from the COVID-19 pandemic.
While the parent Act sets out the substantive rights and mechanisms, these Regulations focus on the “how”: they prescribe key amounts and periods, specify procedural requirements (including notice and service), and—most importantly for practitioners—set out the process for assessor’s determinations and related administrative matters. The Regulations therefore matter to lawyers because they govern the procedural validity of applications, the content and timing of notices, and the mechanics of how determinations are made and communicated.
In plain language, the Regulations help parties to affected agreements navigate a structured process for relief. They also ensure that determinations are handled consistently through defined roles (Registrar and assessors), defined procedures (applications, hearings, unanimity rules), and defined administrative controls (records, directives, and publication).
What Are the Key Provisions?
1. Citation, commencement, and definitions (Regulations 1–2)
Regulation 1 confirms the legal identity of the instrument and its commencement: 1 July 2021 at 12.01 a.m. This is critical for practitioners because many procedural steps in relief regimes depend on when the Regulations came into force. Regulation 2 then defines key terms used throughout the Regulations, including “assessor”, “determination”, “party”, “Registrar”, “Registry”, and “working day”. These definitions are not merely drafting conveniences; they determine who has standing, who performs functions, and how time is computed.
2. Prescribed qualifying cost and related monetary prescriptions (Regulations 3–4, 13)
Part 2 contains provisions that prescribe specific financial elements relevant to the relief scheme. For example, Regulation 3 prescribes “qualifying cost”, and Regulation 4 prescribes an “amount … as not being rent”. These provisions are often decisive in disputes: whether a particular payment is treated as rent (or not) can affect contractual obligations and the scope of relief. Regulation 13 similarly prescribes amounts for specified provisions in the Act (including section 39K(1)(a) and (2)(a)).
3. Forms, documents, and service mechanics (Regulations 5–7)
Regulation 5 addresses forms and documents, which typically means that the Regulations require certain applications or notices to be made using prescribed formats. Regulation 6 prescribes the mode of service—how documents must be served on the relevant parties or authorities. Regulation 7 then clarifies when service takes effect. For litigation and dispute resolution, these provisions are crucial: defective service can undermine jurisdictional steps, delay timelines, or lead to procedural challenges.
4. Notice procedures for delivery date extensions (Regulations 8–10)
The Regulations include detailed notice requirements for extending delivery dates. Regulation 8 deals with a notice on extension of delivery date not exceeding 122 days, while Regulation 9 addresses notice of intention to extend delivery date exceeding 122 days. Regulation 10 concerns a notice on assessor’s certification. These provisions reflect a graduated approach: shorter extensions may be handled with simpler notice, while longer extensions trigger more formal steps. Practitioners should pay close attention to the thresholds and the required contents/timing of notices, because the relief regime may depend on compliance.
5. Moratorium period and reimbursement mechanics (Regulations 12, 14, 15–16, 17)
Regulation 12 prescribes the moratorium period, which is typically the time during which certain enforcement actions or obligations are paused. Regulation 14 provides for a claim for reimbursement of qualifying costs. Regulations 15 and 16 prescribe periods for purposes of section 39LA(1) and 39LA(2) of the Act, which likely relate to time limits for claims or procedural steps. Regulation 17 addresses recovery of damages paid by developer, which is important where one party has paid damages and seeks to recover them under the relief framework.
6. Assessor’s determination: qualifications, procedure, and decision rules (Part 3, Divisions 1–4)
Part 3 is the procedural core. It sets out who can be an assessor, how communications occur, how applications are made, and how determinations are conducted.
Key provisions include:
- Regulation 18 (Qualifications of assessors): sets eligibility requirements, ensuring assessors have appropriate competence.
- Regulation 19 (Communications with parties): governs communications by the Registrar or assessor with parties to the determination, supporting procedural fairness.
- Regulation 20 (Application for certification or determination): establishes how parties initiate the assessor process.
- Regulation 20A (Assessment fee for subsequent determination): provides for fees for later applications under section 39OA(1) of the Act.
- Regulations 21–22 (Reduction/waiver and apportionment of fees): allow for fee adjustments and allocate costs between parties, which can be contentious in practice.
- Regulations 23–24 (Appointment; hearing and determination): provide for appointment of assessors and the conduct of hearings.
- Regulations 25–26 (assessor unable to continue; absent party): address procedural contingencies, including what happens if an assessor cannot proceed or if a directed attendee is absent.
- Regulation 27 (Unanimity requirement): states that a determination must be unanimous where more than one assessor. This is a significant decision rule: it affects strategy, risk assessment, and the likelihood of outcomes if assessors disagree.
- Regulation 28 (Prescribed percentage): sets a percentage under section 39O(1)(b)(ii)(B) of the Act—again, a numeric prescription that can materially affect the relief calculation.
7. Administrative controls and compliance (Regulations 29–36)
Division 4 includes provisions that support the administration of the assessor system. Regulation 29 recognises authorised nominating bodies, which likely nominate assessors. Regulation 30 addresses the effect of non-compliance, a provision that practitioners should treat as high-risk: non-compliance may invalidate steps or affect the availability of relief. Regulation 31 allows for correction of error in an assessor’s determination, while Regulation 32 provides for extension of time—both are important for managing procedural mistakes and deadlines.
Regulations 33–36 cover the Registry of Assessors, records, Registrar’s directives, and publication of determinations. These provisions matter for transparency, auditability, and consistency across cases. Publication, in particular, can influence how later parties interpret the regime and how assessors approach similar issues.
How Is This Legislation Structured?
The Regulations are organised into three main parts:
Part 1 (Preliminary) contains the citation/commencement provision (Regulation 1) and key definitions (Regulation 2). This sets the interpretive foundation.
Part 2 (General Matters) covers the substantive operational rules: prescribed costs and amounts; treatment of certain payments (including what is not rent); procedural requirements for forms, documents, and service; notice requirements for delivery date extensions; moratorium period; reimbursement claims; and recovery of damages. It also includes various “prescribed actions” and “prescribed amounts/periods” that connect directly to specific sections of the Act.
Part 3 (Assessor’s Determination) is the procedural engine. It is divided into:
- Division 1 (Assessors): qualifications.
- Division 2 (Communications): communications between Registrar/assessor and parties.
- Division 3 (Procedure): applications, fees, appointment, hearings, contingencies, unanimity, and prescribed percentages.
- Division 4 (Miscellaneous): nominating bodies, consequences of non-compliance, correction of errors, extensions of time, Registry administration, records, directives, and publication.
Who Does This Legislation Apply To?
The Regulations apply to parties to “affected agreements” that fall within the relief framework in the COVID-19 (Temporary Measures) Act 2020, particularly where an assessor’s certification or determination is required. The term “party” is defined in Regulation 2 as a party to the affected agreement in relation to which an assessor is appointed.
Practically, this means the Regulations are relevant to parties who must comply with notice and service requirements, and to parties who seek reimbursement, relief, or determinations under the Act’s mechanisms. The Regulations also bind the administrative actors: the Registrar of assessors and the assessors appointed under the Act, including their communications and procedural conduct.
Why Is This Legislation Important?
Although the Regulations are “temporary measures” in a pandemic context, their importance for legal practice lies in their procedural specificity. Relief regimes often fail not because the substantive claim is weak, but because procedural steps—service, notices, applications, timelines, and fee requirements—are not complied with. The Regulations address these risks by prescribing modes of service, when service takes effect, notice thresholds for delivery date extensions, and the procedural steps for assessor determinations.
For practitioners, the assessor process is particularly consequential. The unanimity requirement (Regulation 27) can affect the probability of obtaining a determination where multiple assessors are appointed. Fee provisions (including assessment fees for subsequent determinations, reduction/waiver, and apportionment) can influence settlement strategy and cost exposure. Meanwhile, provisions on correction of errors and extensions of time provide limited but critical flexibility when procedural mistakes occur.
Finally, the administrative provisions—Registry functions, records, Registrar’s directives, and publication—support consistency and transparency. Publication of determinations can create practical guidance for future cases, shaping how parties frame submissions and how assessors interpret the relief scheme.
Related Legislation
- COVID-19 (Temporary Measures) Act 2020 (Act 14 of 2020), including Part 8C Relief provisions (notably sections 39J, 39K, 39LA, 39L, 39N, 39O, 39OA, 39P, and 39O-related provisions referenced in the Regulations)
- COVID-19 (Temporary Measures) (Part 8C Relief) Regulations 2021 amendments: S 711/2021, S 150/2023 (as reflected in the provided timeline)
Source Documents
This article provides an overview of the COVID-19 (Temporary Measures) (Part 8C Relief) Regulations 2021 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.