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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Limitation Legislation Amendment and Repeal
Bill 2004
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Meaning of "commencement day" 2
Part 2 -- Repeal
4. Limitation Act 1935 repealed and savings provisions 3
Part 3 -- Commercial Arbitration
Act 1985
5. The Act amended 4
6. Section 48 amended and a savings provision 4
Part 4 -- Crown Suits Act 1947
7. The Act amended 5
8. Section 6 repealed and a savings provision 5
Part 5 -- District Court of Western
Australia Act 1969
9. The Act amended 6
10. Section 37 amended and a savings provision 6
Part 6 -- Fatal Accidents Act 1959
11. The Act amended 7
12. Section 4 amended 7
13. Section 7 replaced and a savings provision 8
345--2 page i
Limitation Legislation Amendment and Repeal Bill 2004
Contents
Part 7 -- Law Reform (Miscellaneous
Provisions) Act 1941
14. The Act amended 9
15. Section 4 amended and a savings provision 9
Part 8 -- Supreme Court Act 1935
16. The Act amended 10
17. Section 25 amended 10
18. Section 29 repealed and a savings provision 10
19. Section 30 amended 10
Part 9 -- Workers' Compensation and
Injury Management Act 1981
20. The Act amended 11
21. Section 93CC amended 11
22. Section 93I amended 12
Part 10 -- Amendments to various
written laws
23. "Limitation Act 1935" replaced with "Limitation
Act 2004" 13
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Limitation Legislation Amendment and Repeal
Bill 2004
A Bill for
An Act to repeal the --
· Limitation Act 1935;
to amend various Acts as a consequence of the enactment of the
Limitation Act 2004, and to make provision in respect of savings
matters concerning limitation periods applicable to causes of actions
accruing before the commencement of the Limitation Act 2004.
The Parliament of Western Australia enacts as follows:
page 1
Limitation Legislation Amendment and Repeal Bill 2004
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Limitation Legislation Amendment
and Repeal Act 2004.
5 2. Commencement
(1) Subject to subsection (2), this Act comes into operation on the
day on which the Limitation Act 2004 comes into operation.
(2) Part 9 comes into operation on the day on which the Workers'
Compensation Reform Act 2004 section 79 comes into
10 operation.
3. Meaning of "commencement day"
In this Act --
"commencement day" means the day on which the Limitation
Act 2004 comes into operation.
page 2
Limitation Legislation Amendment and Repeal Bill 2004
Repeal Part 2
s. 4
Part 2 -- Repeal
4. Limitation Act 1935 repealed and savings provisions
(1) The Limitation Act 1935 is repealed.
(2) The Limitation Act 1935 continues to apply, despite its repeal
5 and the enactment of the Limitation Act 2004, to causes of
action that accrued before commencement day.
(3) Subsection (2) is subject to the Limitation Act 2004 section 4(3)
and (5).
(4) A reference in a written law to the Limitation Act 2004 may, in
10 relation to causes of action that accrued before commencement
day and where the context so requires, be read as if it were a
reference to the Limitation Act 1935.
page 3
Limitation Legislation Amendment and Repeal Bill 2004
Part 3 Commercial Arbitration Act 1985
s. 5
Part 3 -- Commercial Arbitration Act 1985
5. The Act amended
The amendments in this Part are to the Commercial Arbitration
Act 1985*.
5 [* Reprint 1 as at 2 April 2004.]
6. Section 48 amended and a savings provision
(1) Section 48(1) is amended as follows:
(a) by deleting "Subject to subsection (3), the" and inserting
instead --
10 " The ";
(b) by deleting "or taking any proceeding" and inserting
instead --
" (other than taking any proceeding) ".
(2) Section 48(2) is amended by deleting "act or taking the
15 proceeding." and inserting instead --
" act. ".
(3) Section 48(3) is repealed.
(4) The Commercial Arbitration Act 1985 section 48, as it was
immediately before commencement day, continues to apply
20 after commencement day to causes of action that accrued before
commencement day as if subsections (1), (2) and (3) had not
been enacted.
page 4
Limitation Legislation Amendment and Repeal Bill 2004
Crown Suits Act 1947 Part 4
s. 7
Part 4 -- Crown Suits Act 1947
7. The Act amended
The amendment in this Part is to the Crown Suits Act 1947*.
[* Reprint 2 as at 9 May 2003.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 96.]
8. Section 6 repealed and a savings provision
(1) Section 6 is repealed.
(2) The Crown Suits Act 1947 section 6, as it was immediately
10 before commencement day, continues to apply to causes of
action that accrued before commencement day as if
subsection (1) had not been enacted.
page 5
Limitation Legislation Amendment and Repeal Bill 2004
Part 5 District Court of Western Australia Act 1969
s. 9
Part 5 -- District Court of Western Australia Act 1969
9. The Act amended
The amendments in this Part are to the District Court of Western
Australia Act 1969*.
5 [* Reprinted as at 19 January 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 107-8.]
10. Section 37 amended and a savings provision
(1) Section 37 is amended as follows:
10 (a) by deleting "section 47A of the Limitation Act 1935,"
and inserting instead --
"
the Limitation Act 2004 (except section 9 of that Act),
";
15 (b) by deleting "done." and inserting instead --
"
done, and this section has effect subject to Part 3 of the
Limitation Act 2004.
".
20 (2) The District Court of Western Australia Act 1969 section 37, as
it was immediately before commencement day, continues to
apply to causes of action that accrued before commencement
day as if subsection (1) had not been enacted.
page 6
Limitation Legislation Amendment and Repeal Bill 2004
Fatal Accidents Act 1959 Part 6
s. 11
Part 6 -- Fatal Accidents Act 1959
11. The Act amended
The amendments in this Part are to the Fatal Accidents
Act 1959*.
5 [* Reprinted as at 7 February 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 132.]
12. Section 4 amended
Section 4 is amended as follows:
10 (a) by inserting before "Where" the subsection designation
"(1)";
(b) at the end of the section by inserting the following
subsection --
"
15 (2) An injured party who did not commence an action
relating to the injury before the limitation period for
commencing the action expired is to be taken to be
entitled, for the purposes of subsection (1), to maintain
an action in respect of the injury if, before the person
20 died, the person --
(a) was not aware of the physical cause of the
injury and it was reasonable for the person not
to be aware of that cause;
(b) was aware of the physical cause of the injury
25 but was not aware that the injury was
attributable to the conduct of a person and it
was reasonable for the person not to be aware
that the injury was so attributable; or
(c) was aware of the physical cause of the injury
30 and that the injury was attributable to the
conduct of a person but after reasonable
page 7
Limitation Legislation Amendment and Repeal Bill 2004
Part 6 Fatal Accidents Act 1959
s. 13
enquiry, had been unable to establish that
person's identity.
".
13. Section 7 replaced and a savings provision
5 (1) Section 7 is repealed and the following section is inserted
instead --
"
7. Restriction of number of actions
No more than one action lies under this Act for and in
10 respect of the same subject matter of complaint.
".
(2) The Fatal Accidents Act 1959 section 7, as it was immediately
before commencement day, continues to apply to causes of
action that accrued before commencement day as if
15 subsection (1) had not been enacted.
page 8
Limitation Legislation Amendment and Repeal Bill 2004
Law Reform (Miscellaneous Provisions) Act 1941 Part 7
s. 14
Part 7 -- Law Reform (Miscellaneous Provisions)
Act 1941
14. The Act amended
The amendments in this Part are to the Law Reform
5 (Miscellaneous Provisions) Act 1941*.
[* Reprinted as at 12 July 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 210.]
15. Section 4 amended and a savings provision
10 (1) Section 4(1) is amended as follows:
(a) by deleting "section," and inserting instead --
" section and the Limitation Act 2004, ";
(b) after "benefit of " by inserting a comma.
(2) Section 4(2)(ca) is deleted.
15 (3) Section 4(3) is repealed.
(4) The Law Reform (Miscellaneous Provisions) Act 1941 section 4,
as it was immediately before commencement day, continues to
apply to causes of action that accrued before commencement
day as if subsections (1), (2) and (3) had not been enacted.
page 9
Limitation Legislation Amendment and Repeal Bill 2004
Part 8 Supreme Court Act 1935
s. 16
Part 8 -- Supreme Court Act 1935
16. The Act amended
The amendments in this Part are to the Supreme Court
Act 1935*.
5 [* Reprinted as at 9 February 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 381-2.]
17. Section 25 amended
Section 25(2) is repealed.
10 18. Section 29 repealed and a savings provision
(1) Section 29 is repealed.
(2) The Supreme Court Act 1935 section 29, as it was immediately
before commencement day, continues to apply to causes of
action that accrued before commencement day as if
15 subsection (1) had not been enacted.
19. Section 30 amended
Section 30 is amended by deleting "the last preceding
4 sections" and inserting instead --
" sections 26, 27 and 28 ".
page 10
Limitation Legislation Amendment and Repeal Bill 2004
Workers' Compensation and Injury Management Act 1981 Part 9
s. 20
Part 9 -- Workers' Compensation and Injury
Management Act 1981
20. The Act amended
The amendments in this Part are to the Workers' Compensation
5 and Injury Management Act 1981*.
[* Reprinted as at 14 September 2001.
For subsequent amendments see 2003 Index to Legislation of
Western Australia, Table 1, p. 438-9, and the Workers'
Compensation Reform Act 2004.]
10 21. Section 93CC amended
Section 93CC is amended as follows:
(a) by inserting before "This" the subsection designation
"(1)";
(b) at the end of the section by inserting the following
15 subsection --
"
(2) Despite subsection (1) and section 93CB, this
Subdivision applies to a worker who claims to be
suffering an injury attributable to the inhalation of
20 asbestos if, before section 79 of the Workers'
Compensation Reform Act 2004 comes into
operation --
(a) the worker sought to agree the degree of the
disability of the worker for the purposes of
25 section 93E; or
(b) a dispute as to the degree of the disability of the
worker was referred under section 93D(11) to a
medical panel for determination.
".
page 11
Limitation Legislation Amendment and Repeal Bill 2004
Part 9 Workers' Compensation and Injury Management Act 1981
s. 22
22. Section 93I amended
Section 93I is amended as follows:
(a) by inserting before "This" the subsection designation
"(1)";
5 (b) at the end of the section by inserting the following
subsection --
"
(2) Despite subsection (1), this Subdivision applies to a
worker who claims to be suffering an injury
10 attributable to the inhalation of asbestos if, on or after
the day on which section 79 of the Workers'
Compensation Reform Act 2004 comes into
operation --
(a) the worker seeks to agree the worker's degree
15 of permanent whole of person impairment for
the purposes of section 93K; or
(b) an assessment of a medical panel to evaluate
the worker's degree of permanent whole of
person impairment is sought under section 93R.
20 ".
page 12
Limitation Legislation Amendment and Repeal Bill 2004
Amendments to various written laws
s. 23
Part 10 -- Amendments to various written laws
23. "Limitation Act 1935" replaced with "Limitation Act 2004"
The provisions of written laws that are set out in the Table to
this section are amended in each case by deleting "Limitation
5 Act 1935" and inserting instead --
" Limitation Act 2004 ".
Table
Written law Provisions
Agriculture and Related
Resources Protection Act 1976 s. 64(3)
Federal Courts (State
Jurisdiction) Act 1999 s. 11(1) "limitation law"
Local Government
(Miscellaneous Provisions)
Act 1960 s. 410A(4)
Motor Vehicle Dealers Act 1973 s. 37A(6)
Rates and Charges (Rebates and
Deferments) Act 1992 s. 49
Residential Tenancies Act 1987 s. 71(6) and 72(5)
Small Claims Tribunals
Act 1974 s. 22(6)
Trustees Act 1962 s. 38(1)
page 13
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