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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr Graham, MLA)
(As amended during consideration in detail)
Law Reform (Miscellaneous Provisions
(Asbestos Diseases)) Bill 2001
A Bill for
An Act to amend the Law Reform (Miscellaneous Provisions)
Act 1941 to provide for the survival of claims for damages in certain
causes of action in relation to asbestos-related conditions and for
other purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Law Reform (Miscellaneous
Provisions (Asbestos Diseases)) Act 2001.
page 1
8--2
Law Reform (Miscellaneous Provisions (Asbestos Diseases)) Bill 2001
s. 2
2. Commencement
This Act comes into operation on the day after the day on which
it receives the Royal Assent.
3. Survival of claims for damages in certain causes of action
5 (1) Section 4(2) of the Law Reform (Miscellaneous Provisions) Act
1941 is amended by inserting in paragraph (d) after "shall not"
the following --
"
, unless because of subsection (2a) this paragraph does
10 not apply,
".
(2) After section 4(2) of that Act the following subsection is
inserted --
"
15 (2a) Subsection (2)(d) does not apply where --
(a) the death of the person occurs after the day on
which the Law Reform (Miscellaneous
Provisions (Asbestos Diseases)) Act 2001
comes into operation;
20 (b) the death results from a latent injury that is
attributable to the inhalation of asbestos which
has been caused by the act or omission giving
rise to the cause of action; and
(c) proceedings in respect to the cause of action
25 had been instituted by that person before his or
her death and were pending at the time of
death.
".
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