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JAMES HARDIE (CIVIL LIABILITY) ACT 2005 - As at 14 July 2023 - Act 106 of 2005

JAMES HARDIE (CIVIL LIABILITY) ACT 2005


- As at 14 July 2023 
- Act 106 of 2005 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Extraterritorial operation of Act
   5.      Construction of legislation so as not to exceed legislative power
   6.      Act to bind State and other jurisdictions

   PART 2 - EXTINGUISHMENT OF CERTAIN CIVIL LIABILITY

           Division 1 - General

   7.      Application of Part
   8.      Meaning of "protected conduct"

           Division 2 - Extinguishment of liability

   9.      Civil liability in relation to protected conduct extinguished
   10.     Certain liability for economic loss for asbestos harm extinguished
   11.     When civil liability extinguished
   12.     Effect of extinguishment of civil liability under this Division
   13.     Certain liability not affected by Division

           Division 3 - Revival of liability

   14.     Revival of extinguished civil liability
   15.     Effect of revival of extinguished liability
   16.     Claims against liable entities in respect of revived liabilities
   17.     Effect of revocation of reviving order

   PART 3 - CONTRACTUAL LIABILITY OF STATE

   18.     Meaning of "legislative or regulatory action"
   19.     Right to compensation for enactment, making or enforcement of legislation confirmed
   20.     Validity of action not affected even if compensable

   PART 4 - BARYULGIL CLAIMS AGAINST MARLEW MINING

   21.     Interpretation
   22.     Amaca liable for asbestos claims and contribution claims against Marlew
   23.     Amaca not liable for certain claims--rehabilitation of mine
   24.     Amaca to have all Marlew's rights in respect of claim
   25.     Special provisions for Amaca liabilities as concurrent wrongdoer
   26.     Insurance
   27.     Recovery of payments from Marlew

   PART 5 - MISCELLANEOUS

   28.     Relationship with James Hardie (Civil Penalty Compensation Release) Act 2005
   29.     Regulations
   30.     Savings, transitional and other provisions
           SCHEDULE 1