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This is a Bill, not an Act. For current law, see the Acts databases.


CIVIL LAW (WRONGS) AMENDMENT BILL 2005

2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Mrs Vicki Dunne)

Civil Law (Wrongs) Amendment Bill 2005





A Bill for

An Act to amend the Civil Law (Wrongs) Act 2002













The Legislative Assembly for the Australian Capital Territory enacts as follows:



1 Name of Act

This Act is the Civil Law (Wrongs) Amendment Act 2005.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3 Legislation amended

This Act amends the Civil Law (Wrongs) Act 2002.

4 New part 7.1A

insert

Part 7.1A Damages for cost of raising child

99A Application of pt 7.1A

This part applies to all claims for damages for the birth of a child whether the claim is brought in tort, in contract, under statute or otherwise.

99B Limitation on damages for cost of raising child

(1) In a proceeding involving a claim for damages for the birth of a child, damages must not be awarded for economic loss for the costs associated with rearing and maintaining the child.

(2) However, if the child has a physical or mental disability, this section does not prevent the recovery of any additional costs associated with rearing or maintaining the child that arise because of the disability.

5 New section 226

insert

226 Application provision for pt 7.1A

(1) Part 7.1A (Damages for cost of raising child) does not apply to a claim based on a cause of action that arose before the commencement of the part.

(2) This section expires 1 year after it commences.

(3) This section is declared to be a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.



Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 2005.

2 Notification

Notified under the Legislation Act on 2005.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.















© Australian Capital Territory 2005

 


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