Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005
3Definitions
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3 Definitions
(1) In this Act:
asbestos‑related claim means a claim for the payment of compensation or damages to a person in respect of an asbestos‑related condition suffered by the person or another person arising from a breach of a common law or statutory duty of care by:
(a) the Commonwealth; or
(b) an entity that was a Commonwealth authority when the breach of the duty of care occurred.
asbestos‑related condition means:
(a) asbestosis; or
(b) an asbestos‑induced carcinoma; or
(c) an asbestos‑related non‑malignant pleural disease; or
(d) mesothelioma; or
(e) any other condition that is caused by exposure to asbestos.
claim:
(a) means a claim or demand of any kind (whether or not involving legal proceedings); and
(b) includes proceedings of any kind.
Comcare means the body corporate established by section 68 of the Safety, Rehabilitation and Compensation Act 1988.
Commonwealth authority means:
(a) a body corporate that is established for a public purpose by a law of the Commonwealth or of a Territory (other than the Australian Capital Territory, the Northern Territory or Norfolk Island) that is not a general law allowing incorporation as a company or body corporate; or
(b) a body corporate that:
(i) is incorporated under a law of the Commonwealth or of a State or Territory; and
(ii) is a body corporate in which the Commonwealth, or a body corporate covered by paragraph (a), has a controlling interest (within the meaning of the Safety, Rehabilitation and Compensation Act 1988); or
(c) a body corporate that is declared to be a Commonwealth authority for the purposes of this Act under subsection 4(1);
but does not include: (d) Comcare; or (e) the Australian Postal Corporation; or (f) Telstra Corporation Limited; or (g) a body corporate that is declared not to be a Commonwealth authority for the purposes of this Act under subsection 4(2); or (h) a body corporate that is a subsidiary of a body corporate covered by paragraph (e), (f) or (g).
contract of insurance includes a contract which, however expressed and in whatever form, is in substance an indemnity or guarantee.
court (except in section 15) includes:
(a) a tribunal; and
(b) any judge or person acting judicially or authorised by law or consent of parties to hear, receive and examine evidence.