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LIMITATION OF ACTIONS ACT 1958 - NOTES

Version No. 104

No. 6295 of 1958
Version incorporating amendments as at
13 December 2016

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Version No. 104

Limitation of Actions Act 1958

No. 6295 of 1958
Version incorporating amendments as at
13 December 2016

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Limitation of Actions Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Limitation of Actions Act 1958 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Limitation of Actions (Recovery of Imposts) Act 1961, No. 6845/1961

Assent Date:

19.12.61

Commencement Date:

19.12.61

Current State:

All of Act in operation

Limitation of Actions (Notice of Action) Act 1966, No. 7457/1966

Assent Date:

22.11.66

Commencement Date:

1.1.67: Government Gazette 21.12.66 p. 4264

Current State:

All of Act in operation

Limitation of Actions (Personal Injuries) Act 1972, No. 8300/1972

Assent Date:

17.10.72

Commencement Date:

1.1.73: s. 1(3)

Current State:

All of Act in operation

Age of Majority Act 1977, No. 9075/1977

Assent Date:

6.12.77

Commencement Date:

1.2.78: Government Gazette 11.1.78 p. 97

Current State:

All of Act in operation

Statute Law Revision Act 1980, No. 9427/1980

Assent Date:

27.5.80

Commencement Date:

27.5.80 (subject to s. 6(2))

Current State:

All of Act in operation

Limitation of Actions (Personal Injury Claims) Act 1983, No. 9884/1983

Assent Date:

10.5.83

Commencement Date:

11.5.83: Government Gazette 11.5.83 p. 1145

Current State:

All of Act in operation

Commercial Arbitration Act 1984, No. 10167/1984

Assent Date:

20.11.84

Commencement Date:

1.4.85: Government Gazette 20.2.85 p. 372

Current State:

All of Act in operation

Mental Health Act 1986, No. 59/1986

Assent Date:

3.6.86

Commencement Date:

Ss 1–3, 21, 23, Sch. 1 on 19.6.87: Government Gazette 17.6.87 p. 1538; rest of Act on 1.10.87: Government Gazette 30.9.87 p. 2585

Current State:

All of Act in operation

Supreme Court Act 1986 , No. 110/1986

Assent Date:

16.12.86

Commencement Date:

1.1.87: s. 2

Current State:

All of Act in operation

Limitation of Actions (Amendment) Act 1989, No. 21/1989

Assent Date:

30.5.89

Commencement Date:

30.5.89: Special Gazette (No. 27) 30.5.89 p. 1

Current State:

All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:

14.6.89

Commencement Date:

S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217

Current State:

All of Act in operation

Limitation of Actions (Amendment) Act 1993, No. 102/1993

Assent Date:

23.11.93

Commencement Date:

15.10.93: s. 2

Current State:

All of Act in operation

Transport (Amendment) Act 1993, No. 120/1993

Assent Date:

7.12.93

Commencement Date:

Pt 1 (ss 1–3), ss 56, 58, 60, 61(2), 65–71, 73–79 on 7.12.93; Pt 2 (ss 4–55), ss 57, 59, 61(1), 62, 63 on 19.12.93: s. 2(2); rest of Act on 30.5.94: s. 2(4)

Current State:

All of Act in operation

Rail Corporations (Amendment) Act 1997, No. 104/1997

Assent Date:

16.12.97

Commencement Date:

S. 50 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:

2.6.98

Commencement Date:

S. 311(Sch. 1 item 50) on 1.7.98: Government Gazette 18.6.98 p. 1512

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Statute Law Revision Act 2000, No. 74/2000

Assent Date:

21.11.00

Commencement Date:

S. 3(Sch. 1 item 71) on 22.11.00: s. 2(1)

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Transport (Further Amendment) Act 2001, No. 54/2001

Assent Date:

2.10.01

Commencement Date:

S. 39 on 30.6.03: s. 2(5)

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Limitation of Actions (Amendment) Act 2002, No. 52/2002

Assent Date:

4.11.02

Commencement Date:

5.11.02: s. 2

Current State:

All of Act in operation

Wrongs and Limitation of Actions Acts (Insurance Reform) Act 2003, No. 60/2003

Assent Date:

16.6.03

Commencement Date:

Ss 11–16 on 21.5.03: s. 2(1)

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Limitation of Actions (Amendment) Act 2004, No. 8/2004

Assent Date:

11.5.04

Commencement Date:

4.3.04: s. 2

Current State:

All of Act in operation

Limitation of Actions (Adverse Possession) Act 2004, No. 76/2004

Assent Date:

9.11.04

Commencement Date:

26.11.04: Special Gazette (No. 245) 26.11.04 p. 1

Current State:

All of Act in operation

Defamation Act 2005, No. 75/2005

Assent Date:

2.11.05

Commencement Date:

Ss 47, 48 on 1.1.06: s. 2

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006

Assent Date:

15.8.06

Commencement Date:

S. 42(Sch. item 21) on 23.4.07: s. 2(3)

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Owners Corporations Act 2006, No. 69/2006

Assent Date:

19.9.06

Commencement Date:

S. 222 on 31.12.07: s. 2(2)

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Water (Governance) Act 2006, No. 85/2006

Assent Date:

17.10.06

Commencement Date:

S. 161 on 18.10.06: s. 2(1)

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:

2.3.10

Commencement Date:

S. 203(1)(Sch. 6 item 28) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010

Assent Date:

19.10.10

Commencement Date:

S. 48(Sch. item 15) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Statute Law Revision Act 2011, No. 29/2011

Assent Date:

21.6.11

Commencement Date:

S. 3(Sch. 1 item 51) on 22.6.11: s. 2(1)

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Commercial Arbitration Act 2011, No. 50/2011

Assent Date:

18.10.11

Commencement Date:

S. 46(Sch. item 11) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012

Assent Date:

3.4.12

Commencement Date:

S. 90 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date:

8.5.12

Commencement Date:

S. 239(Sch. 6 item 25) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:

12.11.13

Commencement Date:

S. 649(Sch. 9 item 21) on 1.7.14: s. 2(1)

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, No. 61/2014

Assent Date:

9.9.14

Commencement Date:

S. 168 on 1.3.16: s. 2(3)

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Limitation of Actions Amendment (Child Abuse) Act 2015, No. 9/2015

Assent Date:

21.4.15

Commencement Date:

Ss 3, 4 on 1.7.15: Special Gazette (No. 183) 30.6.15 p. 1

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

Compensation Legislation Amendment Act 2016, No. 73/2016

Assent Date:

13.12.16

Commencement Date:

S. 5 on 1.7.14: s. 2(2)

Current State:

This information relates only to the provision/s amending the Limitation of Actions Act 1958

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

    4     Explanatory details


[1] S. 20A: Section 6 of the Limitation of Actions (Amendment) Act 1993, No. 102/1993 reads as follows:

        6     Transitional provision

Section 20A of the Principal Act, as substituted by this Act, applies to payments made before, on or after the commencement of this section, other than payments in respect of which proceedings have been brought before that commencement.



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