Document ID: chunk:federal_register_of_legislation:F2023C00906:clause:9_1:p1
Version: federal_register_of_legislation:F2023C00906
Segment Type: clause
Provision Reference: sch 9 cl 1 (pt 1/2)
Character Range: 45553–48228

1  Section 38A (Extended limitation period in certain circumstances)
1.1 Subsection 38A(2):
 Omit subsection (2), substitute:
 (2) Where:
 (a) the period of limitation within which an action, suit or other proceeding may be brought would, but for this section, be fixed by section 38(1)(c) of this Act; and
 (b) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and
 (c) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992;
that action, suit or other pending proceeding may be commenced within the period of three years commencing on 1 July 1992.
1.2 Subsection 38A(3):
 Omit paragraphs (3)(a) and (b), substitute:
 (a) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and
 (b) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992 and before the action, suit or other proceeding was commenced;
1.3 Subsection 38A(4):
 Omit subsection (4), substitute:
 (4) Where:
 (a) the period of limitation within which an action, suit or other proceeding may be brought would, but for this section, be fixed by section 38(1)(c) of this Act; and
 (b) the cause of action arises from a person having suffered a latent injury that is attributable to the inhalation of asbestos; and
 (c) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and
 (d) the period of limitation that would be applicable had the amending Act not come into operation had not expired before 1 July 1992;
that action, suit or other proceeding may be commenced within the period referred to in paragraph (d) or, if that period expires less than 3 years after the coming into operation of the amending Act, may be commenced within the period of three years after the coming into operation of that Act.
1.4 Subsection 38A(5):
 Omit paragraphs (5)(a) and (b), substitute:
 (a) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and
 (b) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992 and before the action, suit or other proceeding was commenced;
1.5 Subsection 38A(6):
 Omit subsection (6), substitute:
 (6) Where:
 (a) the period of limitation within which an action, suit or other proceeding may be brought is fixed by section 38(1)(c) of this Act; and
 (b) the cause of action arises from a person having suffered a latent injury that is attributable to the inhalation of asbestos; and
 (c) the person