(1) The provisions of
this Act specified in the third column of an item in the Table to this
subsection do not apply to damages of a class specified in the second column
of that item or to claims for, or awards of, such damages.
Table
Item |
Damages |
Provisions that do not apply |
---|---|---|
1. |
Damages relating to personal injury caused by — (a) an
unlawful intentional act that is done with an intention to cause personal
injury to a person, whether or not a particular person; or (b) an
intentional act the doing of which is a sexual offence as defined in the
Evidence Act 1906 section 36A or sexual conduct that is otherwise unlawful. |
Parts 1A, 1C, 1CA, 1D, 1E and 2 (other than section 10A). |
2. |
Damages to which the Motor Vehicle (Third Party Insurance) Act 1943 applies. |
Parts 1C, 1E and 2 (other than section 10A and Division 4). |
3. |
Damages to which the Workers’ Compensation and Injury Management Act
1981 Part IV Division 2 applies and the class of damages referred to in
section 93B(3a) of that Act. |
Parts 1A, 1B, 1C, 1D, 1E and 2 (other than section 10A and Division 4). |
4. |
Damages relating to personal injury that resulted from smoking or other use of
tobacco products. |
Parts 1A (other than sections 5A, 5B, 5C and 5D), 1B, 1D, 1E and 2 (other than
section 10A and Division 4). |
5. |
Damages under the Civil Aviation (Carriers’ Liability) Act 1961
(including the applied provisions as defined in that Act). |
Parts 1A, 1B, 1C, 1D, 1E, 1F and 2. |
6. |
Damages relating to personal injury that resulted from the inhalation of
asbestos. |
Parts 1A (other than sections 5A, 5B, 5C and 5D), 1B, 1D, 1E and 2 (other than
section 10A and Division 4). |
(2) Regulations may
amend the Table to subsection (1) by —
(a)
adding an item comprising —
(i)
in the second column — a class of damages; and
(ii)
in the third column — provisions of this Act;
or
(b)
adding a provision of this Act to the third column of an item.
[Section 3A inserted: No. 58 of 2003 s. 6;
amended: No. 42 of 2004 s. 174; No. 1 of 2011 s. 4.]