Australian Capital Territory Current Acts

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Meaning of substantive law

    (1)     For this part, "substantive law "includes each of the following, whether or not it would otherwise be regarded as procedural in nature:

        (a)     a law that establishes, modifies or extinguishes a cause of action or a defence to a cause of action;

        (b)     a law prescribing the time within which an action must be brought (including a law providing for the extension or shortening of that time);

        (c)     a law that provides for the limitation or exclusion of liability or the barring of a right of action if a proceeding on, or arbitration of, a claim is not begun within a stated time;

        (d)     a law that limits the kinds of injury, loss or damage for which damages or workers compensation may be recovered;

        (e)     a law that prevents the recovery of damages or compensation or limits the amount of damages or compensation that can be recovered;

        (f)     a law expressed as a presumption, or rule of evidence, that affects substantive rights;

        (g)     a provision of this chapter, and any other provision of this Act for the interpretation of this chapter;

        (h)     a provision of the law of another Territory or a State about damages for work-related injuries that is prescribed for this section by regulation.

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

    (2)     However, "substantive law "does not include a law prescribing rules for choice of law.

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