5Zone 5: Cocos (Keeling) Islands

5 Zone 5: Cocos (Keeling) Islands

The Territory

Part 16—Limitation Act 1935 (W.A.)(C.K.I.)

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 who suffered the latent injury did not have knowledge of the relevant facts before 1 July 1992; the period of limitation runs from the time when the person has knowledge of the relevant facts instead of the time provided by section 38.