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