Australian Capital Territory Numbered Acts

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BETTING (CORPORATISATION) (NO. 32 OF 1996) - SECT 7

Proceedings and evidence

7. (1) Where—

        (a)     at any time before the relevant day a cause of action had accrued by or against the Board in respect of a right or liability vested in the Company or the Territory under section 5;

        (b)     immediately before the relevant day the period of limitation applicable to that cause of action had not expired; and

        (c)     immediately before the relevant day proceedings in respect of that cause of action had not been instituted;

those proceedings may be instituted by or against the Company or the Territory, as the case requires, as if this Act had not been passed and the proceedings were being instituted by or against the Board.

(2) Where, before the relevant day, a cause of action had accrued by or against the Board in respect of a right or liability vested in the Company or the Territory under section 5, Part III of the Limitation Act 1985 applies in respect of the institution of proceedings by or against the Company or the Territory, as the case requires, as if the cause of action had accrued by or against the Company or the Territory, as the case may be.

(3) Where, immediately before the relevant day—

        (a)     proceedings were pending by or against the Board in respect of a right or liability vested in the Company or the Territory under section 5; and

        (b)     those proceedings had not been completed;

those proceedings may be continued by or against the Company or the Territory, as the case requires, as if this Act had not been passed and the proceedings were being continued by or against the Board.

(4) The court, tribunal, commission or other body in which, or before which, proceedings have been instituted or continued in accordance with this section may give directions in relation to the institution or continuance of those proceedings.

(5) Any book or document which, but for this Act, would have been admissible in evidence in proceedings by or against the Board is admissible in proceedings by or against the Company or the Territory.

(6) In this section—

“cause of action” includes a right of review (including a right of review under the Ombudsman Act 1989 ) or any other civil proceeding.



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