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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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