Australian Capital Territory Repealed Acts

This legislation has been repealed.

HOTEL SCHOOL (REPEAL) ACT 2005 (REPEALED) - SECT 7

    (1)     For a proceeding started before the commencement of this Act and to which the school is a party, the Territory is substituted as a party.

    (2)     A proceeding for a cause of action may be brought against the Territory if, before the commencement of this Act—

        (a)     the cause of action had accrued against the school; and

        (b)     a proceeding had not started in relation to the cause of action; and

        (c)     the limitation period for the cause of action had not ended.

    (3)     The Limitation Act 1985, part 3 (Postponement of bar) applies to the starting of a proceeding that may be brought by or against the Territory under this section as if the cause of action had been accrued by, or had accrued against, the Territory.

    (4)     The court or other entity in which, or before which, a proceeding may be or has been started or continued under this section may give directions about the proceeding.

    (5)     Any evidence that, apart from the repeal of the Hotel School Act 1996 , would have been admissible for or against the school is admissible for or against the Territory.

    (6)     An order made in a proceeding by or against the school before the commencement of this Act may, after the commencement, be enforced by or against the Territory.

    (7)     In this section:

"proceeding" includes a proceeding by way of appeal or review (including review under the Ombudsman Act 1989 ).