21Interpretation

#### 21 Interpretation 21 Interpretation > > (1) In this Part— > > > > asbestos claim means a claim by any of the following persons for damages (whether arising before, during or after the assent day) in respect of personal injury or death arising from exposure to asbestos— > > > > > (a) the person who sustains the personal injury, > > > > > (b) the legal personal representative of a deceased person who sustained the injury or died as a result of the injury, > > > > > (c) a relative of a deceased person who sustained the injury or died as a result of the injury, > > > > and includes such a claim against a person pursuant to the joinder of the person as a party to proceedings. > > > > asbestos mining activities means the mining or milling of asbestos and includes the disposal or other parting with of tailings (and other materials containing asbestos) that resulted from those mining or milling operations. > > > > concurrent wrongdoer, in relation to an asbestos claim, means a person who is one of two or more persons whose acts or omissions (or act or omission) caused, independently of each other or jointly, the damage or loss that is the subject of the claim. > > > > Marlew means the company registered under the Corporations Act immediately before the introduction day as Marlew Mining Pty Limited (ACN 000 049 650) that was formerly called Asbestos Mines Pty Limited, and includes any successor to or continuation of that company. > > > > Marlew asbestos claim means an asbestos claim in respect of personal injury or death arising from exposure to any asbestos in the course of or as a consequence of asbestos mining activities conducted by or on behalf of Marlew at Baryulgil, but only where that exposure occurred at or near Baryulgil. > > > > Marlew contribution claim means a claim (whether arising before, during or after the assent day) for contribution against a person as a concurrent wrongdoer in relation to a Marlew asbestos claim. > > > (2) For the purposes of the [James Hardie Former Subsidiaries (Winding up and Administration) Act 2005](/view/html/inforce/current/act-2005-105)— > > > > > (a) a Marlew asbestos claim against Amaca is a personal asbestos claim under that Act against Amaca as a liable entity under that Act, and > > > > > (b) a Marlew contribution claim against Amaca in respect of which a final judgment has been entered by a court or other tribunal against Amaca or a binding settlement has been entered into by Amaca is a proven personal asbestos contribution claim under that Act against Amaca as a liable entity under that Act. > > > (3) This Part operates even if Marlew ceases or has ceased to exist or is or has been deregistered under the Corporations Act (and in such a case operates as if Marlew had not ceased to exist or been deregistered). > > **s 21:** Am 2006 No 108, sec 4.