{"id":"qld:act-1996-005","name":"Choice of Law (Limitation Periods) Act 1996","slug":"choice-of-law-limitation-periods-act-1996","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"5 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104691,"registerId":"qld-act-1996-005-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Choice of Law (Limitation Periods) Act 1996 .","sortOrder":0},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":1},{"sectionNumber":"sec.3","sectionType":"section","heading":"Application","content":"### sec.3 Application\n\nThis Act applies to a cause of action that arose before the commencement of this Act but does not apply to a proceeding started before the commencement.\nThis Act does not apply to New Zealand until it is declared under a regulation to apply.\nIf—\nthe substantive law of New Zealand is to govern a claim before a court of the State; and\na proceeding on the claim is started before the declaration takes effect;\nthis Act does not apply to the proceeding.\n(sec.3-ssec.1) This Act applies to a cause of action that arose before the commencement of this Act but does not apply to a proceeding started before the commencement.\n(sec.3-ssec.2) This Act does not apply to New Zealand until it is declared under a regulation to apply.\n(sec.3-ssec.3) If— the substantive law of New Zealand is to govern a claim before a court of the State; and a proceeding on the claim is started before the declaration takes effect; this Act does not apply to the proceeding.\n- (a) the substantive law of New Zealand is to govern a claim before a court of the State; and\n- (b) a proceeding on the claim is started before the declaration takes effect;","sortOrder":2},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nIn this Act—\ncourt includes arbitrator.\nlimitation law means a law that provides for the limitation or exclusion of any liability or the barring of a right of action for a claim by reference to the time when a proceeding on, or the arbitration of, the claim is started.\nrelevant place means another State, a Territory or New Zealand.","sortOrder":3},{"sectionNumber":"sec.5","sectionType":"section","heading":"Characterisation of limitation laws","content":"### sec.5 Characterisation of limitation laws\n\nIf the substantive law of a relevant place is to govern a claim before a court of the State, a limitation law of the relevant place is to be regarded as part of that substantive law and applied accordingly by the court.","sortOrder":4},{"sectionNumber":"sec.6","sectionType":"section","heading":"Exercise of discretion under limitation law","content":"### sec.6 Exercise of discretion under limitation law\n\nIf a court of the State exercises a discretion conferred under a limitation law of a relevant place, the discretion, as far as practicable, is to be exercised in the way in which it is exercised in comparable cases by the courts of the relevant place.","sortOrder":5},{"sectionNumber":"sec.7","sectionType":"section","heading":"Regulation-making power","content":"### sec.7 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":6}],"analysis":null,"importantCases":[],"_links":{"self":"/api/acts/choice-of-law-limitation-periods-act-1996","history":"/api/acts/choice-of-law-limitation-periods-act-1996/history","analysis":"/api/acts/choice-of-law-limitation-periods-act-1996/analysis","conflicts":"/api/acts/choice-of-law-limitation-periods-act-1996/conflicts","importantCases":"/api/acts/choice-of-law-limitation-periods-act-1996/important-cases","documents":"/api/acts/choice-of-law-limitation-periods-act-1996/documents"}}