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


HIGHWAYS (LIABILITY FOR STRAYING ANIMALS) AMENDMENT BILL 2016

                    Western Australia


Highways (Liability for Straying Animals)
         Amendment Bill 2016

                        Contents

1.    Short title                                             2
2.    Commencement                                            2
3.    Act amended                                             2
4.    Section 3 amended                                       2
5.    Sections 4 and 5 inserted                               2
      4.       Maximum damages recoverable for
               damage caused by animals straying on to
               highways                                  2
      5.       Regulations                               3




                         181--1                               page i
                           Western Australia


                      LEGISLATIVE COUNCIL


    Highways (Liability for Straying Animals)
             Amendment Bill 2016

                               A Bill for


An Act to amend the Highways (Liability for Straying Animals)
Act 1983.



The Parliament of Western Australia enacts as follows:




                                                                page 1
     Highways (Liability for Straying Animals) Amendment Bill 2016



     s. 1




1    1.          Short title
2                This is the Highways (Liability for Straying Animals)
3                Amendment Act 2016.

4    2.          Commencement
5                This Act comes into operation as follows --
6                 (a) sections 1 and 2 -- on the day on which this Act
7                       receives the Royal Assent;
8                 (b) the rest of the Act -- on a day fixed by proclamation,
9                       and different days may be fixed for different provisions.

10   3.          Act amended
11               This Act amends the Highways (Liability for Straying Animals)
12               Act 1983.

13   4.          Section 3 amended
14               Delete section 3(5).

15   5.          Sections 4 and 5 inserted
16               After section 3 insert:
17


18          4.         Maximum damages recoverable for damage caused
19                     by animals straying on to highways
20               (1)   The damages awarded in respect of any one cause of
21                     action in tort for negligence arising out of damage
22                     caused by animals straying on to a highway must not
23                     exceed the maximum damages amount prescribed by
24                     the regulations for the financial year in which the
25                     damages are assessed.
26               (2)   Regulations made for the purposes of subsection (1)
27                     may specify or provide for a method of calculating the
28                     maximum damages amount for a financial year.

     page 2
            Highways (Liability for Straying Animals) Amendment Bill 2016



                                                                            s. 5



1         (3)   On or before each 1 July, the Minister must publish a
2               notice in the Gazette specifying the amount that is the
3               maximum damages amount for the purposes of
4               subsection (1) for the financial year that begins on that
5               1 July.
6         (4)   The notice under subsection (3) is for public
7               information only and a failure to publish or a delay or
8               error in publication does not affect the maximum
9               damages amount for the financial year concerned.
10        (5)   For the purposes of the application of this section to the
11              financial year that includes the day (commencement
12              day) on which the Highways (Liability for Straying
13              Animals) Amendment Act 2016 section 5 comes into
14              operation --
15                (a) a reference in subsections (1) to (4) to a
16                      financial year is to be read as a reference to the
17                      period that begins on commencement day and
18                      ends on the next 30 June; and
19                (b) a reference in subsection (3) to 1 July is to be
20                      read as a reference to commencement day.

21   5.         Regulations
22              The Governor may make regulations prescribing
23              matters --
24               (a) required or permitted to be prescribed by this
25                      Act; or
26               (b) necessary or convenient to be prescribed for
27                      giving effect to this Act.
28


29




 


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