Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011
104When action for damages is to be taken to begin for purposes of this Part
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104 When action for damages is to be taken to begin for purposes of this Part
For the purposes of this Part, a person is to be taken to commence an action for damages in relation to an asbestos-related disease when the person –
(a) gives to the person from whom the damages are, in effect, being claimed, notice in writing to the effect that damages are being claimed from the person in relation to the asbestos-related disease; or
(b) commences proceedings in a court of competent jurisdiction in Australia or any other country or territory to recover damages from another person in relation to the asbestos-related disease –
whichever occurs first.