137CLimits on recovery of amounts for death or personal injury

137C Limits on recovery of amounts for death or personal injury

(1) A person is not entitled to recover an amount of loss or damage by action under subsection 236(1) of the Australian Consumer Law to the extent to which:

(a) the action would be based on the conduct contravening a provision of Part 2‑1 or 3‑1 of the Australian Consumer Law; and

(b) the loss or damage is, or results from, death or personal injury; and

(c) the death or personal injury does not result from smoking or other use of tobacco products.

(2) Divisions 2 and 7 of Part VIB of this Act apply to an action under subsection 236(1) of the Australian Consumer Law for loss or damage a person suffers to the extent to which:

(a) the action is based on the conduct contravening a provision of Part 2‑1 or 3‑1 of the Australian Consumer Law; and

(b) the loss or damage is, or results from, death or personal injury; and

(c) the death or personal injury results from smoking or other use of tobacco products;

as if the action were a proceeding to which Part VIB of this Act applied.

Note 1: Division 2 of Part VIB of this Act deals with the limitation periods that apply for claims for damages or compensation for death or personal injury and, to the extent to which that Division is applied to the action by this subsection, it overrides subsection 236(2) of the Australian Consumer Law.

Note 2: Division 7 of Part VIB of this Act deals with structured settlements for claims for damages or compensation for death or personal injury.