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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Limitation of Actions (Amendment) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Limitation of actions for personal injuries 2
4. New sections 38, 39 and 40 inserted 3
38. Supreme Court--limitation of jurisdiction 3
39. Transitional 3
40. Saving 3
ENDNOTES 4
i
541358B.A1-30/10/2002 BILL LA AS SENT 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 16 October 2002
As amended by Assembly 29 October 2002
A BILL
to amend the Limitation of Actions Act 1958 to limit further the
period within which certain actions for damages for personal injuries
can be brought.
Limitation of Actions (Amendment) Act
2002
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Limitation of Actions Act 1958 to limit further
the period within which certain actions for
5 damages for personal injuries can be brought.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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541358B.A1-30/10/2002 BILL LA AS SENT 25-10-2004
Limitation of Actions (Amendment) Act 2002
s. 3
Act No.
3. Limitation of actions for personal injuries
See:
(1) In section 5(1)(a) of the Limitation of Actions Act No.
Act 1958-- 6295.
Reprint No. 7
(a) for "Actions founded on simple contract" as at
23 April 1998
5 substitute "Subject to sub-sections (1AA) and
and (1A), actions founded on simple amending
Act Nos
contract"; 52/1998,
74/2000 and
(b) omit "(subject to sub-section (1A)),". 54/2001.
LawToday:
(2) After section 5(1) of the Limitation of Actions www.dms.
10 dpc.vic.
Act 1958 insert--
gov.au
"(1AA) Subject to sub-section (1A), an action for
damages in respect of personal injuries must
not be brought after the expiration of 3 years
from the date on which the cause of action
15 accrued.".
(3) In section 5(1A) of the Limitation of Actions Act
1958 for "six years" substitute "3 years".
(4) In section 23(1) of the Limitation of Actions Act
1958 after "prescribed by this Act" (where
20 secondly occurring) insert "(except under section
5(1AA) or (1A))".
(5) In section 23A(4) of the Limitation of Actions
Act 1958 for paragraph (a) substitute--
"(a) that--
25 (i) in the case of an action to which section
5(1AA) or (1A) applies (not being an
action to which section 23(1) applies),
more than 3 years has expired since the
cause of action accrued; and
30 (ii) in any other case more than 6 years has
expired since the cause of action
accrued; or".
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541358B.A1-30/10/2002 BILL LA AS SENT 25-10-2004
Limitation of Actions (Amendment) Act 2002
s. 4
Act No.
4. New sections 38, 39 and 40 inserted
After section 37 of the Limitation of Actions Act
1958 insert--
"38. Supreme Court--limitation of jurisdiction
5 It is the intention of section 5, as amended by
the Limitation of Actions (Amendment)
Act 2002, to alter or vary section 85 of the
Constitution Act 1975.
39. Transitional
10 Sections 5, 23 and 23A, as amended by
section 3 of the Limitation of Actions
(Amendment) Act 2002, apply to causes of
action that accrue on or after the
commencement of that section 3.
15 40. Saving
Despite anything to the contrary in this Act,
this Act as in force immediately before the
commencement of section 3 of the
Limitation of Actions (Amendment) Act
20 2002 continues to apply to--
(a) actions for damages to which Part IV of
the Accident Compensation Act 1985
applies; and
(b) actions for damages in respect of an
25 injury which entitles, or may entitle, a
worker within the meaning of the
Workers Compensation Act 1958 to
compensation under that Act; and
(c) actions for damages to which Part 6 or
30 Part 10 of the Transport Accident Act
1986 applies.".
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541358B.A1-30/10/2002 BILL LA AS SENT 25-10-2004
Limitation of Actions (Amendment) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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541358B.A1-30/10/2002 BILL LA AS SENT 25-10-2004
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