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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Trade
Practices Amendment (Personal Injuries and Death) Bill
2003
No. ,
2003
(Treasury)
A Bill
for an Act to amend the Trade Practices Act 1974, and for related
purposes
Contents
Trade Practices Act
1974 3
A Bill for an Act to amend the Trade Practices Act
1974, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Trade Practices Amendment (Personal
Injuries and Death) Act 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 82(1)
Omit “A person”, substitute “Subject to
subsection (1A), a person”.
2 After subsection 82(1)
Insert:
(1A) A person who suffers loss or damage by conduct of another person may
not recover the amount of the loss or damage by an action under
subsection (1) to the extent to which:
(a) the action would be based on the conduct contravening a provision of
Division 1 of Part V; and
(b) the loss or damage is, or results from, death or personal
injury.
3 Subsection 87(1)
Omit “Without”, substitute “Subject to
subsection (1AB) but without”.
4 Subsection 87(1A)
Omit “Without”, substitute “Subject to
subsection (1AB) but without”.
5 After subsection 87(1A)
Insert:
(1AB) The Court may not make an order under subsection (1) or (1A) to
compensate a person for loss or damage the person suffers by conduct of another
person to the extent to which:
(a) the order would be based on the conduct contravening a provision of
Division 1 of Part V; and
(b) the loss or damage is, or results from, death or personal
injury.
Note: As a result, the Commission will not be able to apply
on the person’s behalf under paragraph (1A)(b) for an order in
relation to the loss or damage.
6 Application
The amendments made by this Schedule apply in relation to contraventions of
Division 1 of Part V of the Trade Practices Act 1974 that occur
after this Schedule commences.