Notes
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Legislation repealed by principal
Act
The Limitation of Actions Act 1936 repealed the
following:
The Limitation of Suits and Actions Act 1866
Legislation amended by principal Act
The Limitation of Actions Act 1936 amended the
following:
Supreme Court Act 1878
The Trustee Act 1893
Principal Act and amendments
New entries appear in bold.
Year |
No |
Title |
Assent |
Commencement |
1936 |
2268 |
13.8.1936 |
13.8.1936 |
|
1948 |
45 |
Limitation of Actions Act Amendment Act 1948 |
22.12.1948 |
22.12.1948 |
1956 |
17 |
Limitation of Actions and Wrongs Acts Amendment
Act 1956 |
8.11.1956 |
8.11.1956 |
1959 |
33 |
Limitation of Actions Act Amendment Act 1959 |
3.12.1959 |
3.12.1959 |
1972 |
58 |
Statutes Amendment (Miscellaneous Provisions)
Act 1972 |
27.4.1972 |
18.5.1972 (Gazette 18.5.1972 p1926) |
1975 |
21 |
Limitation of Actions Act Amendment Act 1975 |
27.3.1975 |
27.3.1975 |
1993 |
39 |
Limitation of Actions (Mistake of Law or Fact) Amendment
Act 1993 |
20.5.1993 |
17.6.1993 (Gazette 17.6.1993 p1974) |
1994 |
41 |
Limitation of Actions (Recovery of Taxes and Substantive Law) Amendment
Act 1994 |
2.6.1994 |
2.6.1994: s 2(1) except ss 3, 5 & 6—9.6.1994
(Gazette 9.6.1994 p1669) |
2003 |
44 |
Statute Law Revision Act 2003 |
23.10.2003 |
Sch 1—24.11.2003 (Gazette 13.11.2003 p4048) |
2004 |
9 |
Law Reform (Ipp Recommendations) Act 2004 |
8.4.2004 |
Pt 3 (ss 73—76)—1.5.2004 (Gazette 29.4.2004
p1172) |
2005 |
50 |
27.10.2005 |
Sch 1 (cll 6 & 8)—1.1.2006: s 2 |
|
2005 |
78 |
8.12.2005 |
Sch 1 (cl 2)—8.2.2006: s 2 |
|
2006 |
44 |
Statutes Amendment (Justice Portfolio) Act 2006 |
14.12.2006 |
|
2018 |
14 |
Limitation of Actions (Child Abuse) Amendment
Act 2018 |
27.9.2018 |
1.2.2019 (Gazette 22.11.2018 p4010) |
2019 |
46 |
Statutes Amendment (Legalisation of Same Sex Marriage Consequential
Amendments) Act 2019 |
19.12.2019 |
|
2020 |
41 |
Defamation (Miscellaneous) Amendment Act 2020 |
26.11.2020 |
Sch 1 (cll 2, 3 & 5)—1.7.2021 (Gazette 20.5.2021
p1398) |
Provisions amended since 3 February
1976
• Legislative history prior to 3 February 1976 appears in marginal
notes and footnotes included in the consolidation of this Act contained in
Volume 6 of The Public General Acts of South Australia 1837-1975 at page
19.
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
Provision |
How varied |
Commencement |
Long title |
24.11.2003 |
|
Pt 1 |
24.11.2003 |
|
s 2 |
24.11.2003 |
|
|
|
|
|
|
|
inserted by 9/2004 s 73 |
1.5.2004 |
|
inserted by 41/1994 s 3 |
9.6.1994 |
|
amended by 46/2019 s 25 |
1.5.2020 |
|
Pt 1A |
inserted by 14/2018 s 4 |
1.2.2019 |
Pt 2 |
|
|
Pt 2 heading |
heading preceding s 4 deleted and Pt 2 heading inserted by
44/2003 s 3(1) (Sch 1) |
24.11.2003 |
Pt 3 |
|
|
Pt 3 heading |
heading preceding s 31 deleted and Pt 3 heading inserted by
44/2003 s 3(1) (Sch 1) |
24.11.2003 |
|
|
|
amended by 46/2019 s 26 |
1.5.2020 |
|
Pt 4 |
|
|
Pt 4 heading |
heading preceding s 33 deleted and Pt 4 heading inserted by 44/2003
s 3(1) (Sch 1) |
24.11.2003 |
|
|
|
s 33(2) second sentence designated as s 33(3) by 44/2003
s 3(1) (Sch 1) |
24.11.2003 |
|
Pt 5 |
|
|
Pt 5 heading |
heading preceding s 34 deleted and Pt 5 heading inserted by
44/2003 s 3(1) (Sch 1) |
24.11.2003 |
Pt 6 |
|
|
Pt 6 heading |
heading preceding s 35 deleted and Pt 6 inserted by 44/2003
s 3(1) (Sch 1) |
24.11.2003 |
|
|
|
inserted by 78/2005 Sch 1 cl 2 |
8.2.2006 |
|
substituted by 50/2005 Sch 1 cl 6 |
1.1.2006 |
|
substituted by 41/2020 Sch 1 cl 2 |
1.7.2021 |
|
s 37(3) and (4) |
inserted by 41/2020 Sch 1 cl 2 |
1.7.2021 |
inserted by 41/2020 Sch 1 cl 3 |
1.7.2021 |
|
substituted by 39/1993 s 3 |
17.6.1993 |
|
substituted by 41/1994 s 4(a) |
2.6.1994 |
|
s 38(3a) and (3b) |
inserted by 41/1994 s 4(b) |
2.6.1994 |
|
|
|
1994 amending Act |
inserted by 41/1994 s 4(c) |
2.6.1994 |
inserted by 39/1993 s 3 |
17.6.1993 |
|
|
substituted by 41/1994 s 5 |
9.6.1994 |
amended by 44/2006 s 30 |
18.1.2007 |
|
amended by 44/2006 s 31 |
18.1.2007 |
|
Pt 7 |
|
|
Pt 7 heading |
heading preceding s 45 deleted and Pt 7 heading inserted by
44/2003 s 3(1) (Sch 1) |
24.11.2003 |
|
|
|
amended by 9/2004 s 74 |
1.5.2004 |
|
inserted by 9/2004 s 75 |
1.5.2004 |
|
heading preceding s 46A |
24.11.2003 |
|
heading preceding s 47 |
24.11.2003 |
|
|
|
|
s 48(3a) and (3b) |
inserted by 9/2004 s 76 |
1.5.2004 |
heading preceding s 50 |
24.11.2003 |
Transitional etc provisions associated with Act or
amendments
Limitation of Actions (Recovery of Taxes and
Substantive Law) Amendment Act 1994
6—Application of substituted
s 38A
The amendments made by section 5 (substituting section 38A of the principal
Act) extend to a cause of action that arose before the commencement of that
section unless court proceedings based on the cause of action had been started
before the commencement of that section.
Law Reform (Ipp Recommendations) Act 2004,
Sch 1
1—Transitional provision
(1) The amendments made by the Law Reform (Ipp Recommendations) Act
2004 (the Ipp Recommendations Act) are intended to apply only
prospectively.
(2) If a cause of action that is based wholly or partly on an event that
occurred before the commencement of the Ipp Recommendations Act arises after the
commencement of the Ipp Recommendations Act, it will be determined as if the
amendments had not been enacted.
Example—
Suppose that A was exposed to asbestos in 1990 but a resultant illness is
not diagnosed until after the commencement of the Ipp Recommendations Act. An
action is then brought in negligence in which damages are claimed for personal
injury. The amendments made by the Ipp Recommendations Act would not affect the
determination of liability or the assessment of damages.
(3) As soon as practicable after the expiration of 3 years from the
commencement of this Schedule, the Economic and Finance Committee must
investigate and report to the Parliament on the effect of the Ipp
Recommendations Act on the availability and cost of insurance to
persons.
Defamation Act 2005,
Sch 1
8—Application of amendments to Limitation of
Actions Act 1936
(1) Section 37 of the Limitation of Actions Act 1936 as
re-enacted by Part 5 clause 6 of this Schedule (the substituted
section) applies to the publication of defamatory matter on or after the
commencement of that section, unless subclause (2) provides
otherwise.
(2) The provisions of
the substituted section do not apply to a cause of action for the publication of
defamatory matter that accrues after the commencement of that section (the
post-commencement cause of action) if—
(a) the post-commencement cause of action is one of 2 or more causes of
action in proceedings commenced by a plaintiff; and
(b) each cause of action in the proceedings accrues because of the
publication of the same, or substantially the same, matter on separate occasions
(whether by the same defendant or another defendant); and
(c) one or more of the other causes of action in the proceedings accrued
before the commencement of the substituted section (a pre-commencement
cause of action); and
(d) the post-commencement cause of action accrued no later than 12 months
after the date on which the earliest pre-commencement cause of action in the
proceedings accrued.
(3) The existing limitation law continues to apply to the following causes
of action in the same way as it would have applied to those causes of action had
the substituted section not been enacted:
(a) any cause of action that accrued before the commencement of the
substituted section;
(b) any post-commencement cause of action to which the substituted section
does not apply because of subclause (2).
(4) In this clause—
existing limitation law means the provisions of the
Limitation of Actions Act 1936 that applied in relation to the
limitation period for defamation actions immediately before the commencement of
the substituted section.
Limitation of Actions (Child Abuse) Amendment
Act 2018, Sch 1—Transitional and other
provisions
1—Interpretation
In this Schedule—
Act means the Limitation of Actions
Act 1936;
commencement day means the day on which section 3A of
the Act came into operation.
2—Application of section 3A of
Act
Section 3A of the Act applies to an action for damages on a cause of
action that accrued before or after the commencement day (including where a
limitation period previously applying in respect of the cause of action had
expired before the commencement day).
3—Previously barred cause of
action
(1) Subject to
subclause (2), an action on a previously barred cause of action may be
commenced even though—
(a) another action on the cause of action had been started but not
finalised before the commencement day; or
(b) another action was started on the cause of action but discontinued
before the commencement day; or
(c) a judgment was
previously given in relation to the cause of action on the ground that a
limitation period applying to the cause of action had expired; or
(d) an action on
the cause of action was dismissed on the ground that a limitation period
applying to the cause of action had expired.
(2) An action on a
previously barred cause of action in circumstances contemplated by
subclauses (1)(c) and (d) may only be commenced if a court, being
satisfied that it is just and reasonable to do so, grants permission for the
action to be commenced.
(3) In granting permission under subclause (2) for an action on a
previously barred cause of action to be commenced, a court may make any order
the court considers to be necessary for the action to proceed or otherwise
appropriate in the circumstances.
(4) In this clause—
previously barred cause of action means a cause of action for
an action to which section 3A applies in respect of which a limitation
period applying in respect of the cause of action had expired before the
commencement day.
Defamation (Miscellaneous) Amendment Act 2020, Sch 1
Pt 3
5—Transitional provisions—Limitation of
Actions Act 1936
(1) The amendment made to section 37 of the Limitation of Actions
Act 1936 by this Act applies in relation to the publication of
defamatory matter after the commencement of the amendment.
(2) Section 37A of the Limitation of Actions Act 1936 (as
inserted by this Act) applies in relation to the publication of defamatory
matter after the commencement of the section, subject to
subsection (3).
(3) Section 37A of
the Limitation of Actions Act 1936 (as inserted by this Act) extends
to a first publication before the commencement of the section, but only in
respect of subsequent publications after the commencement.
(4) Section 37B of the Limitation of Actions Act 1936 (as
inserted by this Act) applies in relation to the publication of defamatory
matter after the commencement of the section.
Historical versions
Reprint No 1—17.6.1993 |
|
Reprint No 2—9.6.1994 |
|
Reprint No 3—24.11.2003 |
|
1.5.2004 |
|
1.1.2006 |
|
8.2.2006 |
|
18.1.2007 |
|
1.2.2019 |
|
1.5.2020 |
|