(1) An action on a cause of action to which this Division applies is not
maintainable if brought after the expiration of a limitation period of
whichever of the following periods is the first to expire--
(a) the
"3 year post discoverability limitation period" , which is the period of 3
years running from and including the date on which the cause of action is
discoverable by the plaintiff,
(b) the
"12 year long-stop limitation period" , which is the period of 12 years
running from the time of the act or omission alleged to have resulted in the
injury or death with which the claim is concerned.
Note : The 12 year
long-stop limitation period can be extended by a court under Division 4 of
Part 3.
(2) For the purposes of the application of the 3 year post
discoverability limitation period to a survivor action, the cause of action is
taken to be discoverable by the plaintiff at whichever is the earliest of the
following times--
(a) the date on which the cause of action is discoverable by
the deceased if the cause of action is discoverable by the deceased more than
3 years before the death of the deceased,
