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


LAW REFORM (MISCELLANEOUS PROVISIONS (ASBESTOS DISEASES)) BILL 2001

                           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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