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 to Make: Section 39P of the COVID-19 (Temporary Measures) Act 2020
- Commencement: 1 July 2021 at 12.01 a.m.
- Made Date: 30 June 2021
- Current Status (as provided): Current version as at 27 Mar 2026
- Key Parts: Part 1 (Preliminary); Part 2 (General Matters); Part 3 (Assessor’s Determination)
- Key Definitions (Reg. 2): “assessor”, “determination”, “party”, “Registrar”, “Registry”, “working day”, etc.
What Is This Legislation About?
The COVID-19 (Temporary Measures) (Part 8C Relief) Regulations 2021 (“Part 8C Relief Regulations”) are subsidiary legislation made under the COVID-19 (Temporary Measures) Act 2020. In plain terms, they operationalise a specific relief framework in the Act—relief connected to “qualifying costs” and related mechanisms—by prescribing procedural and administrative details that must be followed by parties and by the assessor system established under the Act.
Although the COVID-19 (Temporary Measures) Act 2020 is the primary statute, the Regulations are where many of the “how it works” elements are set out: what counts as a prescribed qualifying cost, what is treated as not being rent, what forms and documents are required, how notices must be served, and how assessor determinations are conducted (including fees, hearings, and record-keeping). For practitioners, this matters because the relief is not self-executing; it depends on compliance with prescribed steps and timelines.
Part 8C Relief is also closely tied to the assessor’s determination process. The Regulations therefore function as a procedural bridge between the substantive relief provisions in the Act and the practical administration of claims and determinations. In other words, the Regulations are designed to ensure that disputes and certifications under the Act can be processed consistently, fairly, and with enforceable procedural safeguards.
What Are the Key Provisions?
1. Preliminary matters: citation, commencement, and core definitions. Regulation 1 provides the citation and commencement: the Regulations came into operation on 1 July 2021 at 12.01 a.m. Regulation 2 sets out key definitions used throughout the instrument. These definitions are not merely interpretive; they determine who has standing in the process (“party”), who performs the decision-making (“assessor”), and the institutional architecture (“Registrar”, “Registry”). The definition of “determination” is particularly important because it links the Regulations to the Act’s assessor certification/determination mechanism under section 39O(1) of the Act.
2. Prescribed qualifying cost and related monetary characterisation. Part 2 contains the substantive “prescription” elements that affect the financial outcome of relief. Regulation 3 prescribes “qualifying cost”. Regulation 4 prescribes an “amount … as not being rent”. These provisions are critical because they determine the accounting and legal classification of certain payments or costs. In COVID-19 relief contexts, classification can affect whether an amount is recoverable, reimbursable, or treated as part of rent obligations. A practitioner should therefore treat Regulations 3 and 4 as high-impact provisions: they shape the scope of what can be claimed and how it is characterised under the Act.
3. Forms, documents, and service mechanics. Regulations 5 to 7 address the administrative mechanics of claims and notices. Regulation 5 prescribes forms and documents; Regulation 6 prescribes the mode of service; and Regulation 7 provides when service takes effect. These provisions are often the difference between a valid procedural step and one that is challenged as defective. For example, if a notice is required to be served in a particular manner, non-compliance can lead to arguments that the notice never took effect, potentially affecting deadlines and the availability of relief.
4. Notices for delivery date extensions and assessor certification. Regulations 8 and 9 deal with notices on extension of delivery dates, with a threshold distinction: (i) an extension not exceeding 122 days (Regulation 8) versus (ii) an extension exceeding 122 days (Regulation 9). This suggests that the Act’s relief framework differentiates between shorter and longer extensions, likely affecting the procedural requirements and the evidentiary or certification steps needed.
Regulation 10 addresses “notice of assessor’s certification”, which is a procedural step after an assessor has certified something under the Act. Regulations 11 and 12 then prescribe “actions” for a specified subsection of the Act and set out the “moratorium period”. These provisions are important for practitioners because they define the operational pause or restrictions that apply during the relief period—typically affecting enforcement, recovery, or related rights.
5. Claims for reimbursement and recovery of damages. Regulations 13 to 17 address monetary and remedial aspects. Regulation 13 prescribes amounts for section 39K(1)(a) and (2)(a) of the Act. Regulation 14 provides for a “claim for reimbursement of qualifying costs”. Regulation 15 and 16 prescribe periods for purposes of section 39LA(1) and (2) of the Act, which likely govern limitation-like timelines for claims or actions. Regulation 17 addresses “recovery of damages paid by developer”, indicating that the relief framework also contemplates how damages paid by a developer may be recovered (or treated) in light of the COVID-19 temporary measures.
6. Assessor’s determination: qualifications, procedure, and decision rules. Part 3 is the procedural core. Division 1 (Regulation 18) sets qualifications of assessors. Division 2 (Regulation 19) governs communications between the Registrar/assessor and parties to the determination. Division 3 (Regulations 20 to 28) sets out the procedure for assessor determinations, including: application for certification or determination (Regulation 20); an assessment fee for subsequent determinations (Regulation 20A); reduction/waiver/apportionment of fees (Regulations 21 and 22); appointment of assessors (Regulation 23); hearing and determination (Regulation 24); and contingencies where the assessor cannot continue (Regulation 25) or where a directed attendee is absent (Regulation 26).
Two provisions stand out for practitioners: Regulation 27 requires that a determination must be unanimous where more than one assessor is appointed. This is a meaningful safeguard and can affect strategy in multi-assessor panels. Regulation 28 prescribes a percentage under section 39O(1)(b)(ii)(B) of the Act, which likely affects the calculation or outcome threshold in the determination process.
7. Miscellaneous procedural safeguards and publication. Division 4 includes Regulation 29 (authorised nominating bodies), Regulation 30 (effect of non-compliance), Regulation 31 (correction of error in assessor’s determination), Regulation 32 (extension of time), Regulation 33 (Registry of Assessors), Regulation 34 (records), Regulation 35 (Registrar’s directives), and Regulation 36 (publication of determinations). For litigation and dispute-resolution practice, these provisions matter because they address: what happens if steps are missed (Reg. 30), how errors can be corrected (Reg. 31), whether deadlines can be extended (Reg. 32), and how transparency and institutional record-keeping are handled (Regs. 33–36).
How Is This Legislation Structured?
The Regulations are structured into three main parts. Part 1 contains preliminary provisions: citation/commencement (Reg. 1) and definitions (Reg. 2). Part 2 sets out general matters that “prepare the ground” for relief: prescribed costs and monetary characterisation (Regs. 3–4), procedural document and service requirements (Regs. 5–7), and notice/certification and moratorium-related mechanics (Regs. 8–12), followed by reimbursement and recovery provisions (Regs. 13–17).
Part 3 governs the assessor’s determination process. It is divided into four divisions: (i) assessors (Reg. 18); (ii) communications with the Registrar and assessor (Reg. 19); (iii) procedure for assessor’s determination (Regs. 20–28); and (iv) miscellaneous provisions including compliance effects, correction of errors, time extensions, registry/records, directives, and publication (Regs. 29–36). This structure reflects a deliberate design: first define what relief covers and how notices/claims operate, then establish a procedural adjudication mechanism through assessors.
Who Does This Legislation Apply To?
The Regulations apply to parties to an “affected agreement” within the meaning of the COVID-19 (Temporary Measures) Act 2020, where the assessor mechanism under sections 39N and 39O is engaged. The term “party” in Regulation 2 is defined functionally: it means any party to the affected agreement in relation to which an assessor is to be appointed to make a determination. In practice, this typically includes the counterparty(ies) involved in the relevant contractual arrangement that is subject to Part 8C relief.
The Regulations also apply to the institutional actors in the process: assessors (appointed under the Act), the Registrar of assessors (and any Deputy Registrar exercising the Registrar’s functions), and authorised nominating bodies involved in assessor appointment processes. Practitioners should therefore consider both client-facing compliance (notices, forms, service, claims) and process-facing compliance (fees, hearings, records, and procedural directions).
Why Is This Legislation Important?
For lawyers advising on COVID-19 contractual disputes and relief claims, the Part 8C Relief Regulations are important because they translate statutory relief into operational steps with procedural consequences. Many disputes in relief regimes turn not on the merits of the underlying claim, but on whether the required notices were served correctly, whether prescribed forms were used, whether timelines were met, and whether the assessor process was properly invoked.
The Regulations also matter because they define the financial scope of relief. Prescriptions such as “qualifying cost” (Reg. 3) and “amount … as not being rent” (Reg. 4) can materially change the legal character of payments and therefore the outcome of reimbursement or related determinations. Similarly, the prescribed amounts and periods (Regs. 13–16) influence both calculation and timing.
Finally, the assessor procedure provisions provide a structured, quasi-adjudicative pathway for determinations. The unanimity requirement where multiple assessors are appointed (Reg. 27), the rules on hearings and attendance (Regs. 24 and 26), and the ability to correct errors and extend time (Regs. 31 and 32) all affect how parties should prepare evidence, manage procedural risk, and plan for potential follow-up determinations (including assessment fees under Reg. 20A). In short, the Regulations are a practical toolkit for navigating the Part 8C relief system.
Related Legislation
- COVID-19 (Temporary Measures) Act 2020 (Act 14 of 2020) — in particular, provisions referenced by the Regulations (e.g., sections 39J, 39K, 39LA, 39N, 39O, 39P, 39OA).
- COVID-19 (Temporary Measures) (Part 8C Relief) Regulations 2021 amendments:
- S 711/2021 (amending date: 24 Sep 2021)
- S 150/2023 (amending date: 31 Dec 2021 and 01 Apr 2023, per the timeline provided)
- SL 497/2021 (original instrument: 01 Jul 2021)
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.