Statute Details
- Title: COVID-19 (Temporary Measures) (Temporary Relief for Inability to Perform Contracts) Regulations 2020
- Act Code: COVID19TMA2020-S303-2020
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: COVID-19 (Temporary Measures) Act 2020 (Act 14 of 2020)
- Enacting Authority: Minister for Law (pursuant to section 19 of the COVID-19 (Temporary Measures) Act 2020)
- Commencement: 20 April 2020
- Current Version: Current version as at 27 March 2026
- Key Instrument Number: S 303/2020
- Parts: Part 1 (Preliminary); Part 2 (General Matters); Part 3 (Notification for Relief); Part 4 (Assessor’s Determination)
- Notable Provisions (from extract): Definitions (reg 2); notification mechanics (regs 9–10); assessor procedure (regs 11–23); service and electronic processes (regs 5–8)
What Is This Legislation About?
The COVID-19 (Temporary Measures) (Temporary Relief for Inability to Perform Contracts) Regulations 2020 (“Relief Regulations”) are subsidiary legislation made to operationalise the COVID-19 (Temporary Measures) Act 2020 (“TMA”). In plain terms, the Regulations provide the procedural “how-to” framework for parties who seek temporary relief from contractual obligations because COVID-19-related circumstances make performance impossible or impracticable.
While the TMA sets out the substantive relief regime, the Relief Regulations focus on implementation: how notices are served, how documents are filed, how electronic systems are used, and how an “assessor’s determination” is requested and conducted. This matters because, in practice, many disputes turn not only on the merits of a party’s inability to perform, but also on whether the statutory process was followed correctly.
The Regulations therefore sit at the intersection of contract law and emergency public policy. They aim to reduce the risk that parties will be forced into breach or costly litigation during the pandemic, by creating a structured pathway to obtain temporary relief and by standardising communications between parties, the Registrar, assessors, and (where relevant) courts or arbitral tribunals.
What Are the Key Provisions?
1. Preliminary matters: citation, commencement, and definitions
Part 1 contains the citation and commencement provision (reg 1) and a definitions section (reg 2). The definitions are not merely formalities; they drive the meaning of later procedural steps. For example, the Regulations define key terms such as “CorpPass” and “electronic system”, and they specify what constitutes a “designated email address” and “designated postal address” for a party. These definitions determine where documents must be sent and how service is effected.
In a practitioner’s view, the “designated” contact details are especially important. The Regulations create a hierarchy: where a party has already specified an email or postal address in its notification for relief or in its application for an assessor’s determination, that specified address becomes the designated one. If the party later submits forms that specify different contact details, the designated address may change accordingly. This reduces uncertainty and helps ensure that service and communications are traceable.
2. General matters: when and how the Act’s relief mechanism is triggered
Part 2 includes provisions that tailor the operation of the TMA by prescribing circumstances and other matters. The extract lists regulations such as:
- Reg 3: Circumstances in which section 5 of the Act is inapplicable.
- Reg 3A–3F: Additional prescribed actions and prescribed categories/parameters for various Act provisions (including prescribed contracts and prescribed rates/conditions/amounts).
Although the extract does not reproduce the full text of these provisions, their presence indicates that the Regulations refine the scope of the TMA’s substantive relief. For lawyers, this means that not every contract or every situation will automatically qualify; the Regulations may exclude certain circumstances or specify particular contract types and quantitative thresholds.
3. Forms, service, and electronic communications
Regulations 4 to 8 are procedural “infrastructure” provisions. They cover:
- Reg 4: Forms and documents (the prescribed forms that parties must use).
- Reg 5: Prescribed mode of service.
- Reg 6: When service takes effect and proof of service.
- Reg 7: Electronic system.
- Reg 8: Use of electronic system.
These provisions are critical in any procedural challenge. If a party serves a notification or submits an application using the wrong method, or fails to prove service properly, it may face consequences under the Regulations’ compliance rules (see reg 24 below). In modern practice, the electronic system and CorpPass authentication are central to ensuring that filings are secure, attributable, and timely.
4. Notification for relief and withdrawal
Part 3 sets out the notification stage. Reg 9 provides for “Notification for relief”, which is the mechanism by which a party informs the relevant authorities (and, in practice, the counterparty) that it seeks relief under the TMA due to inability to perform. Reg 10 allows for withdrawal of a notification.
From a litigation strategy perspective, notification is often the first formal step that can shift the parties’ positions. It may also affect timelines for subsequent steps, including whether an assessor’s determination is sought. Withdrawal provisions are equally important: a party may need to withdraw if circumstances change, if the relief is no longer required, or if a procedural defect is identified early.
5. Assessor’s determination: qualifications, procedure, and outcomes
Part 4 is the heart of the Regulations. It establishes the assessor framework and the procedural pathway for obtaining an assessor’s determination.
Division 1 (Assessors): Reg 11 sets out the qualifications of assessors. This is designed to ensure that assessors have the competence to evaluate the factual and contractual circumstances relevant to relief.
Division 2 (Communications): Regs 12–13 govern documents to be submitted to, or sent by, the Registrar or assessor, and communications by the Registrar or assessor with the parties. This division ensures that parties receive procedural fairness and that the record is complete.
Division 3 (Application and procedure): Regs 14–21 cover the application for an assessor’s determination, responses, amendments, appointment and hearing, and scenarios such as when an assessor cannot continue or when one party is absent. Notably, reg 21 provides that a determination must be unanimous where more than one assessor is appointed. This unanimity requirement is a significant safeguard for parties, but it may also affect scheduling and the likelihood of determinations being made.
Further determinations and notification: Reg 22 addresses scheduled contracts for which an assessor may make further determinations. Reg 22A provides for a prescribed further determination for a specific Act provision (section 13(3)(h)). Reg 23 requires notification of the determination (and related matters) to the court or arbitral tribunal, which is important where proceedings are already underway or may be commenced.
Division 4 (General provisions): Reg 24 deals with the effect of non-compliance. This is a key risk area: failure to comply with procedural requirements can lead to adverse consequences, potentially including invalidity or refusal to consider submissions. Regs 25–26 provide mechanisms for correction of errors and extension of time, which can be crucial where deadlines are missed due to operational issues. Regs 27–30 cover the registry of assessors, records, Registrar’s directives, and publication of determinations—elements that support transparency and administrative consistency.
How Is This Legislation Structured?
The Regulations are structured into four main parts:
- Part 1 (Preliminary): Citation/commencement and definitions.
- Part 2 (General Matters): Prescribed scope refinements to the TMA (including inapplicability and prescribed categories/parameters), and the procedural mechanics for forms, service, and electronic systems.
- Part 3 (Notification for Relief): The initial notification process and withdrawal.
- Part 4 (Assessor’s Determination): A detailed procedural regime for appointing assessors, managing communications and filings, conducting hearings, issuing determinations, and handling non-compliance and procedural corrections.
Within Part 4, the Regulations are further divided into divisions addressing assessors, communications, application/procedure, and general procedural rules.
Who Does This Legislation Apply To?
The Regulations apply to parties to “scheduled contracts” within the meaning of the TMA framework and to parties who seek temporary relief for inability to perform contractual obligations due to COVID-19-related circumstances. In practice, this typically includes businesses and other contracting parties (including individuals in some contexts) that are affected by pandemic disruptions.
Procedurally, the Regulations also apply to the administrative actors involved in the relief process: the Registrar, assessors, and (indirectly through notification requirements) courts and arbitral tribunals that may receive information about determinations. The “designated email address” and “designated postal address” concepts show that the Regulations are designed to govern communications between specific parties and the official process, rather than operating as a general public notice regime.
Why Is This Legislation Important?
Although the Regulations are tied to the COVID-19 emergency, their importance for practitioners lies in how they operationalise statutory contractual relief. The substantive relief under the TMA can only be accessed through the procedural steps in these Regulations. Therefore, legal outcomes may depend on compliance with service rules, correct use of electronic systems, timely notifications, and proper submissions to the Registrar or assessor.
For dispute resolution lawyers, the assessor’s determination mechanism is particularly significant. It offers a structured, expert-led pathway to resolve whether temporary relief should apply, potentially reducing the need for immediate court or arbitration litigation on complex factual issues. The Regulations also include safeguards such as assessor qualification requirements and unanimity where multiple assessors are appointed.
Finally, the Regulations’ compliance provisions (including the effect of non-compliance) and the availability of correction/extension mechanisms mean that procedural missteps are not always fatal, but they can be. Practitioners should treat the Regulations as a procedural checklist: confirm the correct contract category, ensure the correct designated contact details, use the prescribed forms and service modes, and maintain proof of service and filing.
Related Legislation
- COVID-19 (Temporary Measures) Act 2020 (Act 14 of 2020) — the authorising Act and the substantive relief framework
- COVID-19 (Temporary Measures) (Temporary Relief for Inability to Perform Contracts) Regulations 2020 — this instrument (S 303/2020)
Source Documents
This article provides an overview of the COVID-19 (Temporary Measures) (Temporary Relief for Inability to Perform Contracts) Regulations 2020 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.