Queensland Consolidated Acts

LIMITATION OF ACTIONS ACT 1974 - SECT 47

47 Transitional provision for Civil Liability and Other Legislation Amendment Act 2010

(1) Section 11(2) applies to a right of action relating to personal injury resulting from a dust-related condition whether the right of action accrued before or after the commencement of this section.

(2) However, subsection (1) does not apply if—

(a) judgment has been given in the action; or

(b) the action has been settled or discontinued; or

(c) an application before the commencement of this section to extend the period of limitation applying to the action before the commencement was refused by a court.

(3) In this section—

"court" includes—

(a) a court in a place outside Queensland, including outside Australia; and

(b) the Dust Diseases Tribunal of New South Wales established under the Dust Diseases Tribunal Act 1989 (NSW) .