Australian Capital Territory Numbered Acts

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HEALTH PROFESSIONALS ACT 2004 (NO. 38 OF 2004) - SECT 149

Proceedings and evidence in relation to vested assets and liabilities

    (1)     This section applies in relation to an asset or liability that vests in a health profession board under section 147.

    (2)     If a proceeding had been begun in relation to the asset or liability before it vested in the health profession board and the Territory is a party to the proceeding, the health profession board is substituted for the Territory as a party to the proceeding.

    (3)     If a proceeding could have been begun by or against the Territory in relation to the asset or liability before it vested in the health profession board, the proceeding may be begun by or against the health profession board.

    (4)     The Limitation Act 1985 applies to a cause of action that accrued to or against the Territory in relation to the asset or liability as if the cause of action had accrued to or against the health profession board when it accrued to or against the Territory.

    (5)     The court or other entity in which a proceeding is begun or continued by or against the health profession board in relation to the asset or liability may give directions about the conduct of the proceeding.

    (6)     Any evidence that would have been admissible for or against the Territory in the proceeding is admissible for or against the health profession board.

    (7)     In this section:

"proceeding" includes a right of appeal or review (including a right of review under the Ombudsman Act 1989 ) or any other civil proceeding.



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