ADMIRALTY ACT 1988 - SECT 37 Limitation periods

ADMIRALTY ACT 1988 - SECT 37

  (1)   A proceeding may be brought under this Act on a maritime claim, or on a claim on a maritime lien or other charge, at any time before the end of:

  (a)   the limitation period that would have been applicable in relation to the claim if a proceeding on the claim had been brought otherwise than under this Act; or

  (b)   if no proceeding on the claim could have been so brought--a period of 3 years after the cause of action arose.

  (2)   Subsection   ( 1) does not apply if a limitation period is fixed in relation to the claim by an Act, an Imperial Act, an Act of a State or an Act or Ordinance of a Territory, including such an Act or Ordinance in its application in a part of Australia .

  (3)   Where:

  (a)   but for this subsection, a court would not have power to extend a limitation period in respect of a maritime claim or a claim of a particular kind on a maritime lien or other charge; and

  (b)   the court has power to extend a limitation period in respect of a claim of the same kind;

then, by force of this subsection, the court has power, exercisable in the same way, and in the same kinds of circumstances, as the power referred to in paragraph   ( b), to extend the period fixed by subsection   ( 1) in respect of maritime claims, or claims on maritime liens or other charges, of a kind referred to in that subsection.

  (4)   The absence of the ship or property concerned from the locality in which the court may exercise jurisdiction shall not be taken into account in relation to the exercise of the power conferred by subsection   ( 3).

  (5)   The law relating to laches does not apply in relation to a claim brought within a period fixed by or under this section.