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This is a Bill, not an Act. For current law, see the Acts databases.
LAW REFORM (DUST DISEASES) AMENDMENT BILL 2007
Serial 116
Law Reform (Dust
Diseases) Amendment Bill 2007
Mr
Stirling
AN ACT
to
amend the Law Reform (Miscellaneous Provisions) Act and the Limitation
Act
NORTHERN TERRITORY OF
AUSTRALIA
Law reform (dust diseases) AMENDMENT ACT
2007
____________________
Act No. [ ] of 2007
____________________
TABLE OF PROVISIONS
Section
NORTHERN TERRITORY
OF AUSTRALIA
____________________
Act No. [ ] of 2007
____________________
AN ACT
[Assented to [ ]
2007]
[Second reading [ ]
2007]
The Legislative Assembly of the Northern Territory enacts
as follows:
Short
title
This Act may be cited as the Law Reform (Dust Diseases)
Amendment Act 2007.
Commencement
This Act commences on the date fixed by the Administrator
by Gazette notice.
part 2 –
amendment of law reform (miscellaneous
provisions) act
Act
amended
This Part amends the Law Reform (Miscellaneous
Provisions) Act.
Amendment of section 6 (Damages in actions which survive
under this Part)
(1) Section 6
omit
Where
substitute
(1) Where
(2) Section 6, at the end
insert
(2) However, if a person commences an action for damages
for personal injury arising from a dust disease and dies as a result of the
disease before the action is determined, the exclusion of damages for pain or
suffering, bodily or mental harm or curtailment of expectation of life
(subsection (1)(c)(ii)) does not apply.
(3) Subsection (2) extends to an action that remains
undetermined at the date of commencement of that subsection even though the
(former) plaintiff has, as at that date, already died.
(4) In this section:
"dust disease" means a pathological condition of the lungs,
pleura or peritoneum that is attributable to dust.
part 3 –
amendment of limitation
act
Act
amended
This Part amends the Limitation Act.
Amendment of section 12 (Actions in contract, tort
etc.)
Section 12(1A) to (3)
omit, substitute
(2) However:
(a) no limitation period applies to an action for damages
for personal injury arising from a dust disease; and
(b) an action for defamation is not maintainable unless
commenced within a limitation period of one year from the date of publication of
the defamatory matter; and
(c) subsection (1) does not apply to an action to which
section 17 applies (i.e. an action under section 7 or 13 of the
Compensation (Fatal Injuries) Act); and
(d) subsection (1) does not apply to an action for
contribution to which section 24 applies.
(3) In this section:
"dust disease" means a pathological condition of the lungs,
pleura or peritoneum that is attributable to dust;
"enactment" includes legislation of the Commonwealth, a
State or Territory, or of any foreign country or state.
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