8. The principal Act is amended by inserting, immediately after section 39O, the following sections:“Subsequent determinations |
39OA.—(1) After an assessor has made a determination under section 39O(1)(b) of an amount of reimbursement that the purchaser is entitled to claim from the developer under section 39K (called in this section the original determination), the assessor or another assessor may, either on his or her own motion or on the application of all or any of the persons to whom the assessor’s original determination relates, vary or replace the determination if —(a) | one of those persons adduces further information or documents after the original determination which would have had a material influence on the original determination but which could not have with reasonable diligence been obtained for use at the proceedings before the assessor; and | (b) | it is fair and just for a variation or replacement of the original determination to be made under this subsection. |
(2) In considering whether it is just and fair for a variation or replacement of the original determination to be made under subsection (1), the assessor must take into account the following factors:(a) | whether there has been any undue delay in the making of the application for a subsequent determination under subsection (1); | (b) | whether any person has taken any action in reliance on the original determination. |
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(3) Where a subsequent determination varies or replaces an original determination so as to increase the amount of reimbursement that the purchaser was entitled to claim from the developer under the original determination, then the purchaser may —(a) | set off the amount of the increase against any instalment or other payment payable by the purchaser to the developer under the affected agreement; and | (b) | take any action to recover from the developer, as a debt due to the purchaser, the amount of the increase (less any such set‑off), |
and section 39J does not apply to the taking of any action under paragraph (a) or (b). |
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(4) Where —(a) | a subsequent determination varies or replaces an original determination so as to reduce the amount of reimbursement that the purchaser was entitled to claim from the developer under the original determination; and | (b) | the aggregate of the amount of set‑off (if any) that the purchaser has effected under section 39K and the amount (if any) that the purchaser has recovered from the developer under that section, pursuant to the original determination, is in excess of the amount of the reimbursement that the developer is liable to pay the purchaser under the subsequent determination, |
that excess amount is recoverable by the developer as a debt due from the purchaser. |
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No representation by advocate and solicitor |
39OB. No developer or purchaser may be represented by an advocate and solicitor at proceedings before an assessor, except with the permission of the assessor. |
39OC. A developer or purchaser must bear the developer’s or purchaser’s own costs for proceedings before an assessor. |
Confidentiality of information and documents provided and proceedings |
39OD.—(1) This section applies to the following information:(a) | any information or document that is provided by a person to another person, in accordance with a requirement under this Part; | (b) | any statement or document submitted, created or made for the purposes of a proceeding before an assessor; | (c) | any information (whether written or oral) that is disclosed in the course of the proceeding. |
(2) A person must not disclose to any other person any information or document mentioned in subsection (1), except —(a) | with the consent of the person to whom the information or document relates; | (b) | to the extent that the information or document is already in the public domain; | (c) | to the extent that the disclosure is necessary for the purposes of, or in connection with, any proceedings before an assessor, a court or an arbitral tribunal; or | (d) | to the extent that the disclosure is required for any purpose under this Part. |
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(3) A person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. |
(4) Where there is a contravention of subsection (2), a person who has suffered loss or damage as a result of the contravention has a right of action against the person who contravenes that subsection. |
(5) The types of relief that the court may grant in an action under subsection (4) include an injunction and damages. |
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Registrar of assessors, Deputy Registrars of assessors and assessors treated as public servants |
39OE. The Registrar of assessors, a Deputy Registrar of assessors or an assessor who, in the course of his or her duties under this Part, exercises any power as such, is treated as a public servant for the purposes of the Penal Code when exercising that power. |
Protection from liability |
39OF. No liability shall lie against the Registrar of assessors, a Deputy Registrar of assessors or an assessor with respect to anything done or omitted to be done in good faith and with reasonable care in the discharge or purported discharge of their functions and duties under this Part. |
39OG. A person who —(a) | makes any declaration or statement, or provides any information or document, under or for the purposes of this Part, that is false or misleading in a material particular; and | (b) | knows or ought reasonably to know that, or is reckless as to whether, the declaration, statement, information or document is false or misleading in a material particular, |
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.”. |
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