16Claims against liable entities in respect of revived liabilities

16 Claims against liable entities in respect of revived liabilities

16 Claims against liable entities in respect of revived liabilities

(1) If extinguished civil liability is revived under this Division, a claim against a liable entity in respect of the liability becomes a payable liability of the entity.

(2) The Minister may, by order published in the Gazette, order that a claim against a liable entity in respect of a specified liability or a liability of a specified class or description that is an extinguished civil liability revived under this Division is not a payable liability, and such an order has effect accordingly.

(3) The Minister may make such an order before or after the liability concerned is revived under this Division.

(4) If the Minister’s order is made to take effect after the liability is revived, the effect of the order is as follows—

(a) a claim against a liable entity in respect of the liability is a payable liability until the Minister’s order takes effect,

(b) the claim remains a payable liability after the Minister’s order takes effect but only for the purposes of and in connection with any proceedings commenced in respect of the claim before a court or other tribunal before the Minister’s order takes effect and only if those proceedings are pending immediately before the Minister’s order takes effect.

(5) In this section, payable liability of a liable entity means a payable liability under and for the purposes of the James Hardie Former Subsidiaries (Winding up and Administration) Act 2005.