New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SECT 7C

7C Meaning of "affected agreement"

(1) In this Part, an
"affected agreement" means an agreement that prevents the exercise of an action on a cause of action to which section 6A of the Limitation Act 1969 applies, if the agreement occurred--

(a) before the commencement of that section, and at the time of the agreement, a limitation period applying to the cause of action had expired, or

(b) before the commencement of Part 1B of this Act, and at the time of the agreement, an organisation, that would have been liable under Part 1B for child abuse had the Part been in force, was not incorporated, or

(c) before the commencement of Part 1B of this Act, and the agreement is not just and reasonable in the circumstances.

(2) For the purposes of this section, a limitation period is taken to have expired even if it were possible at the time to seek the leave of a court to extend the period.