Document ID: chunk:federal_register_of_legislation:C2006A00011:clause:1_6
Version: federal_register_of_legislation:C2006A00011
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 4108–6362

6  After subsection 87(1A)
Insert:

 (1AA) The Court may not make an order under subsection (1) or (1A) to compensate a person for loss or damage the person suffers by conduct of another person to the extent to which:
 (a) the order would be based on the conduct contravening a provision of Division 1 of Part V; and
 (b) the loss or damage is, or results from, death or personal injury; and
 (c) the death or personal injury does not result from smoking or other use of tobacco products.

Note: As a result, the Commission will not be able to apply on the person's behalf under paragraph (1A)(b) for an order in relation to the loss or damage.

 (1AB) Division 2 of Part VIB applies to an application for an order under subsection (1A) to compensate a person for loss or damage the person suffers by conduct of another person to the extent to which:
 (a) the order would be based on the conduct contravening a provision of Division 1 of Part V; and
 (b) the loss or damage is, or results from, death or personal injury; and
 (c) the death or personal injury results from smoking or other use of tobacco products;
as if the proceeding in relation to the application were a proceeding to which Part VIB applies and as if the making of the application were the commencement of the proceeding.

Note: Division 2 of Part VIB deals with the limitation periods that apply for claims for damages or compensation for death or personal injury and, to the extent to which that Division is applied to the application by this subsection, it overrides subsection (1CA) of this section.

 (1AC) Division 7 of Part VIB applies to a proceeding in which an order under subsection (1) or (1A) to compensate a person for loss or damage the person suffers by conduct of another person is made to the extent to which:
 (a) the order is based on the conduct contravening a provision of Division 1 of Part V; and
 (b) the loss or damage is, or results from, death or personal injury; and
 (c) the death or personal injury results from smoking or other use of tobacco products;
as if the proceeding were a proceeding to which Part VIB applies.

Note: Division 7 of Part VIB deals with structured settlements for claims for damages or compensation for death or personal injury.