Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies for the purposes of applying section 30 in relation to a right of action if--
(a) the right of action relates to personal injury resulting from a dust-related condition that is, or will be, a contributing factor to significant loss of amenities, or expectation, of a person's life; and
(b) the knowledge of the person suffering the injury of the nature and extent of the injury would, apart from subsection (2), be taken to be knowledge of a material fact of a decisive character.
(2) The knowledge is taken not to be knowledge of a material fact of a decisive character unless it is within the means of knowledge of the person suffering the injury that the dust-related condition is, or will be, a contributing factor to significant loss of amenities, or expectation, of the person's life.
(3) To remove any doubt, it is declared that personal injury resulting from a dust-related condition does not include personal injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke.
(4) In this section--
dust-related condition see the Civil Liability Act 2003, schedule 2.