Document ID: chunk:federal_register_of_legislation:C2006A00011:clause:1_2
Version: federal_register_of_legislation:C2006A00011
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 2308–3696

2  After subsection 82(1)
Insert:

 (1AAA) A person who suffers loss or damage by conduct of another person may not recover the amount of the loss or damage by an action under subsection (1) to the extent to which:
 (a) the action 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.

 (1AAB) Divisions 2 and 7 of Part VIB apply to an action under subsection (1) for loss or damage a person suffers by conduct of another person to the extent to which:
 (a) the action 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 action were a proceeding to which Part VIB applies.

Note 1: 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 action by this subsection, it overrides subsection (2) of this section.

Note 2: Division 7 of Part VIB deals with structured settlements for claims for damages or compensation for death or personal injury.