James Hardie (Civil Liability) Act 2005
17Effect of revocation of reviving order
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17 Effect of revocation of reviving order
17 Effect of revocation of reviving order
(1) If a reviving order under section 14 is revoked by a revoking order under that section, the revoking order has the following effect—
(a) if it is published before or during the day fixed by the reviving order for the revival of a specified civil liability—the reviving order is taken never to have been published and, accordingly, the specified civil liability is not revived,
(b) if it is published after the day fixed by the reviving order for the revival of a specified civil liability—the reviving order ceases to have effect on the day on which it is revoked and, accordingly, Division 2 operates (subject to subsection (2)) to extinguish again the specified civil liability.
(2) Subsection (1) (b) does not operate to apply Division 2 to civil liability in respect of which proceedings were commenced before a court or other tribunal while the liability was revived if those proceedings are still pending immediately before the publication of the revoking order.
Note—
Subsection (2) extends to proceedings in respect of a claim that is a claim for a payable liability under section 16.