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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Fatal Accidents Amendment Bill 2008
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 5 amended 2
5. Section 10 repealed 3
274--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Fatal Accidents Amendment Bill 2008
A Bill for
An Act to amend the Fatal Accidents Act 1959.
The Parliament of Western Australia enacts as follows:
page 1
Fatal Accidents Amendment Bill 2008
s. 1
1. Short title
This is the Fatal Accidents Amendment Act 2008.
2. Commencement
This Act comes into operation on the day on which it receives
5 the Royal Assent.
3. The Act amended
The amendments in this Act are to the Fatal Accidents
Act 1959.
4. Section 5 amended
10 (1) Section 5(2) is amended by deleting the full stop and inserting
instead --
"
;
(d) any damages for the pain or suffering of the
15 deceased person or for any bodily or mental
harm suffered by the deceased person or for the
curtailment of the deceased person's
expectation of life that, because of the Law
Reform (Miscellaneous Provisions) Act 1941
20 section 4(2a), are recovered or recoverable for
the benefit of the deceased person's estate.
".
(2) After section 5(2) the following subsection is inserted --
"
25 (3) Subsection (2)(d) applies to an action that is, or could
be, brought under this Act whether the cause of action
accrues before, on or after the day on which the Fatal
page 2
Fatal Accidents Amendment Bill 2008
s. 5
Accidents Amendment Act 2008 commences
("commencement day") but does not apply to --
(a) an action that was finalised before
commencement day by a judgment of a court or
5 by agreement of the parties to the action; or
(b) a claim, in respect of an action that could have
been brought under this Act, that was finalised
before commencement day by agreement of the
parties to the prospective action.
10 ".
5. Section 10 repealed
Section 10 is repealed.
page 3
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