LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1965 - SCHEDULE 1

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1965 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 16)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Law Reform (Miscellaneous Provisions) Amendment Act 2000

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on the Law Reform (Miscellaneous Provisions) Amendment Act 2000

2 Definitions

In this Part:


"the amending Act" means the Law Reform (Miscellaneous Provisions) Amendment Act 2000 .

3 Amendments concerning contributory negligence to have retrospective application

(1) Subject to subclause (2) and clause 4, the amendments to this Act made by the amending Act are taken to apply to wrongs that occurred before the commencement of those amendments as if those amendments had been in force when the wrong occurred.

(2) This Act, as in force immediately before the commencement of the amendments made by the amending Act, continues to apply to a wrong about which:

(a) a court has, before that commencement, given judgment or made a decision (including a judgment or decision about liability only), whether or not an appeal has been made against that judgment or decision, or

(b) the persons responsible for the damage have, before that commencement, entered into an agreement to settle claims arising from the wrong (including an agreement about liability only).

4 Pending court proceedings

(1) This clause applies to proceedings before a court concerning a wrong that:

(a) were instituted before the commencement of the amending Act, and

(b) have not been finally determined by the court before that commencement.

(2) Proceedings to which this clause applies are to be determined as if the amending Act had not been enacted.

(3) Accordingly, any rules, regulations or other law that would have been applicable to the proceedings had the amending Act not been enacted continue to apply to the proceedings as if that Act had not been enacted.